protect and prevent people with disability from experiencing harm arising from poor quality or unsafe supports or services provided under the National Disability Insurance Scheme; and

provisions about the treatment of compensation.

provides for reporting and financial matters.

functions relating to the quality and safety of services and supports provided to people with disability; and

registering and overseeing the operation of NDIS providers; and

managing and resolving complaints about NDIS providers; and

providing leadership in relation to behaviour supports.

a member of the staff of the Agency under section 169; or

a person assisting the Agency under section 170.

a member of the staff of the Commission under section 181U; or

a person assisting the Commissioner under section 181W.

for a reviewable decision referred to in column 1 of the table in subsection 99(1)—the person referred to in column 3 of that table in relation to that decision; or

for a reviewable decision specified in the National Disability Insurance Scheme rules for the purposes of subsection 99(2)—the person specified in the rules as the decision-maker for that decision.

is independent of the Agency, the Commission and any NDIS providers providing supports or services to the person with disability; and

provides independent advocacy for the person with disability, to assist the person with disability to exercise choice and control and to have their voice heard in matters that affect them; and

acts at the direction of the person with disability, reflecting the person with disability’s expressed wishes, will, preferences and rights; and

is free of relevant conflicts of interest.

a person (other than the Agency) who receives:

funding under the arrangements set out in Chapter 2; or

NDIS amounts (other than as a participant); or

a person or entity:

who provides supports or services to people with disability other than under the National Disability Insurance Scheme; and

who is prescribed by the National Disability Insurance Scheme rules for the purposes of this subparagraph.

information about a person that is or was held in the records of the Agency; or

information to the effect that there is no information about a person held in the records of the Agency.

information about a person that is or was held in the records of the Commission; or

information to the effect that there is no information about a person held in the records of the Commission.

for a provider providing supports to a participant in a participating jurisdiction—an NDIS provider who is registered to manage the funding for supports under plans as mentioned in paragraph 73E(2)(a); or

otherwise—a registered provider of supports who is approved in relation to managing the funding for supports under plans as mentioned in paragraph 70(1)(a).

a member of the group of persons who is responsible for the executive decisions of the person or entity;

any other person who has authority or responsibility for (or significant influence over) planning, directing or controlling the activities of the person or entity.

(a) if the person or entity is a body corporate that is incorporated, or taken to be incorporated, under the Corporations Act 2001—a director of the body corporate for the purposes of that Act; and

in any other case—a member of the person’s or entity’s governing body.

for supports provided to a participant in a participating jurisdiction—a registered NDIS provider; or

otherwise—a registered provider of supports.

whether an NDIS provider is contravening subsection 73B(2) (requirement to be a registered NDIS provider);

whether a person applying for registration under subsection 73E(1) satisfies the requirements mentioned in that subsection;

whether a registered NDIS provider is meeting the conditions of registration mentioned in subsection 73F(1);

whether an NDIS provider, or a person employed or otherwise engaged by an NDIS provider, is complying with the requirements of the NDIS Code of Conduct;

if an NDIS provider, or a person employed or otherwise engaged by an NDIS provider, is subject to a banning order—whether the person is providing supports or services in contravention of the order;

the functions of the Commissioner.

if the notice is given by the CEO—the Agency officer to whom the information is to be given or the document is to be produced; and

if the notice is given by the Commissioner—the Commission officer to whom the information is to be given or the document is to be produced; and

the notice may require the person to give the information by appearing before a specified Agency officer to answer questions; and

if paragraph (a) applies—the notice must specify a time and place at which the person is to appear, which must be at least 14 days after the notice is given.

the notice may require the person to give the information by appearing before a specified Commission officer to answer questions; and

if paragraph (a) applies—the notice must specify a time and place at which the person is to appear, which must be at least 14 days after the notice is given.

make a record of protected Commission information; or

disclose such information to any person; or

otherwise use such information;

the making of the record, or the disclosure or use of the information, by the person is made:

for the purposes of this Act; or

for the purpose for which the information was disclosed to the person under section 67E; or

with the express or implied consent of the person to whom the information relates; or

the person reasonably believes that the making of the record, or the disclosure or use of the information, by the person is necessary to prevent or lessen a serious threat to an individual’s life, health or safety.

research into matters relevant to the National Disability Insurance Scheme;

policy development.

the person:

makes a record of information; or

discloses information to any other person; or

otherwise makes use of information; and

the person is not authorised or required by or under this Act to make the record, disclosure or use of the information that is made by the person; and

the information is protected Commission information.

the first person solicits the disclosure of information from a Commission officer or another person, whether or not any protected Commission information is actually disclosed; and

the disclosure would be in contravention of this Part; and

the information is protected Commission information.

the person offers to supply (whether to a particular person or otherwise) information about another person; and

the person knows the information is protected Commission information.

the person holds himself or herself out as being able to supply (whether to a particular person or otherwise) information about another person; and

the person knows the information is protected Commission information.

if the Commissioner is satisfied on reasonable grounds that it is in the public interest to do so in a particular case or class of cases—disclose information acquired by a person in the performance of his or her functions or duties or in the exercise of his or her powers under this Act to such persons and for such purposes as the Commissioner determines; or

disclose any such information:

to the Secretary of a Department of State of the Commonwealth, or to the head of an authority of the Commonwealth, for the purposes of that Department or authority; or

to a person who has the express or implied consent of the person to whom the information relates to collect it; or

to a Department of State of a State or Territory, or to an authority of a State or Territory, that has responsibility for matters relating to people with disability, including the provision of supports or services to people with disability; or

to the chief executive (however described) of a Department of State of a State or Territory, or to the head of an authority of a State or Territory, for the purposes of that Department or authority.

relates to the participant; and

is or was held in the records of the Commission.

to produce any document in his or her possession because of the performance or exercise of his or her duties, functions or powers under this Act; or

to disclose any matter or thing of which he or she had notice because of the performance or exercise of such duties, functions or powers;

the applicant will manage the funding for supports under plans, or provide supports under plans, to participants in a host jurisdiction that is not a participating jurisdiction; and

persons or entities applying for registration to provide supports or services to people with disability in participating jurisdictions; and

registered NDIS providers providing supports or services to people with disability in participating jurisdictions; and

NDIS providers providing supports or services to people with disability in participating jurisdictions.

the National Disability Insurance Scheme rules require the person to be registered to provide the support under the plan; and

the person is not so registered.

the provision of supports or services under the arrangements set out in Chapter 2;

managing the funding for supports under participants’ plans;

the provision of supports under participants’ plans.

be in writing; and

be in a form (if any) approved in writing by the Commissioner; and

include any information, and be accompanied by any documents, required by the Commissioner.

provides information or a document in, or in connection with, an application for registration; and

the person knows the information or document is false or misleading in a material particular.

(a) the person (the applicant) makes an application under section 73C; and

the applicant will provide supports or services to people with disability in a participating jurisdiction; and

the applicant has been assessed by an approved quality auditor as meeting the applicable standards and other requirements prescribed by the NDIS Practice Standards; and

the Commissioner is satisfied that the applicant is suitable to provide supports or services to people with disability, having regard to any matters prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph; and

the Commissioner is satisfied that the applicant’s key personnel (if any) are suitable to be involved in the provision of supports or services for which the applicant will be registered to provide, having regard to any matters prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph; and

the applicant satisfies any other requirements prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph.

managing the funding of supports under participants’ plans;

providing specified classes of supports under participants’ plans;

providing specified classes of supports or services under the arrangements set out in Chapter 2;

providing specified classes of supports or services to people with disability other than under the National Disability Insurance Scheme.

give written notice of a decision to register, or not to register, a person as a registered NDIS provider, including reasons for the decision; and

if the decision is to register the person—provide a certificate of registration, specifying the matters mentioned in subsection (5), to the person.

which of the following the person is a registered NDIS provider in relation to:

managing the funding for supports under plans;

the provision of supports under plans;

the provision of supports or services under the arrangements set out in Chapter 2;

the provision of services or supports to people with disability other than under the National Disability Insurance Scheme; and

the classes of supports or services the person is registered to provide; and

if the person is registered in respect of a class of persons—the class of persons in respect of which the provider is registered; and

the conditions (if any) on the registration imposed by the Commissioner under section 73G; and

the period for which the registration is in force; and

any other matter determined in writing by the Commissioner for the purposes of this paragraph.

the conditions set out in subsection (2);

the conditions (if any) imposed by the Commissioner under section 73G;

the conditions (if any) determined by the National Disability Insurance Scheme rules under section 73H.

a condition that the person comply with all applicable requirements imposed by a law of the Commonwealth or a law of the State or Territory in which the person or entity operates as a registered NDIS provider;

a condition that the person comply with all applicable requirements of the NDIS Code of Conduct;

a condition that the person comply with all applicable standards and other requirements of the NDIS Practice Standards;

a condition that the person comply with all applicable requirements relating to record keeping prescribed by the National Disability Insurance Scheme rules for the purposes of section 73Q;

a condition that the person implement and maintain the applicable complaints management and resolution system in accordance with section 73W;

a condition that the person comply with all applicable requirements relating to complaints prescribed by the National Disability Insurance Scheme rules for the purposes of section 73X;

a condition that the person implement and maintain the applicable incident management system in accordance with section 73Y;

a condition that the person comply with all applicable requirements relating to reportable incidents prescribed by the National Disability Insurance Scheme rules for the purposes of section 73Z;

a condition that the person give to the Commissioner, on request, information specified in the request within the period specified in the request (which must not be less than 14 days).

the types of quality audits the provider must undergo;

the timing of such quality audits;

requirements relating to supports or services for which the provider is registered to provide, including circumstances in which supports or services for which the provider is registered can or cannot be provided.

is a registered NDIS provider; and

breaches a condition to which the registration of the person is subject.

the registration of a person as a registered NDIS provider will cease to be in force on a particular day; and

within 6 months before that day, the person makes an application under section 73C.

at any time, on the Commissioner’s own initiative; or

on application by the provider under section 73M.

impose, vary or revoke conditions to which the registration is subject under section 73G; or

reduce or extend the period for which the registration is in force; or

extend, modify or reduce the supports or services the provider is registered to provide.

be in writing; and

be in a form (if any) approved in writing by the Commissioner; and

include any information, and be accompanied by any documents, required by the Commissioner.

the Commissioner reasonably believes that the person has contravened, is contravening, or is proposing to contravene, this Act; or

the Commissioner reasonably believes that the application for registration by the person contained information that was false or misleading in a material particular; or

the person is an insolvent under administration; or

the Commissioner is satisfied that the person is no longer suitable to provide the supports or services to people with disability, having regard to any matters prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph; or

the Commissioner is no longer satisfied that the key personnel of the person (if any) are suitable to be involved in the provision of supports or services to people with disability, having regard to any matters prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph; or

a circumstance exists that is a circumstance prescribed by National Disability Insurance Scheme rules for the purposes of this paragraph.

the nature, significance and persistence of any contravention, or proposed contravention, of this Act;

action that can be taken to address any contravention, or proposed contravention, of this Act;

the extent (if any) to which the person is conducting its affairs as a registered NDIS provider in a way that may cause harm to, or jeopardise, public trust in the National Disability Insurance Scheme;

the health, safety or wellbeing of people with disability receiving supports or services from the person;

any other matter the Commissioner considers relevant.

the Commissioner reasonably believes that the person has contravened, is contravening, or is proposing to contravene, this Act; or

the application for registration by the person contained information that was false or misleading in a material particular; or

the person is an insolvent under administration; or

the Commissioner is satisfied that the person is no longer suitable to provide supports or services to people with disability, having regard to any matters prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph; or

the Commissioner is no longer satisfied that the key personnel of the person (if any) are suitable to be involved in the provision of supports or services for which the person is registered to provide, having regard to any matters prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph; or

a circumstance exists that is a circumstance prescribed by National Disability Insurance Scheme rules for the purposes of this paragraph.

the nature, significance and persistence of any contravention, or proposed contravention, of this Act;

action that can be taken to address any contravention, or proposed contravention, of this Act;

the extent (if any) to which the person is conducting its affairs as a registered NDIS provider in a way that may cause harm to, or jeopardise, public trust in the National Disability Insurance Scheme;

the health, safety or wellbeing of people with disability receiving supports or services from the person;

any other matter the Commissioner considers relevant.

include the Commissioner’s reasons for considering the revocation; and

invite the person to make submissions, in writing, to the Commissioner within 28 days after receiving the notice; and

inform the person that if no submissions are made within that period, any revocation may take effect as early as 7 days after the end of the period referred to in paragraph (b).

is subject to a requirement under this section; and

fails to comply the requirement.

standards to be complied with to become a registered NDIS provider;

standards to be complied with to remain a registered NDIS provider;

matters relating to assessing compliance with the standards;

matters relating to the screening of workers employed or otherwise engaged by registered NDIS providers.

NDIS providers;

persons employed or otherwise engaged by NDIS providers.

is subject to a requirement under the NDIS Code of Conduct; and

fails to comply with the requirement.

is appropriate for the size of the provider and for the classes of supports or services provided by the provider; and

acknowledges the role of advocates (including independent advocates) and other representatives of persons with disability; and

provides for cooperation with, and facilitates arrangements for, advocates (including independent advocates) and other representatives of persons with disability who are affected by the complaints process and who wish to be independently supported in that process by an advocate or other representative; and

complies with the requirements (if any) prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph.

how complaints may be made, managed and resolved, including methods to support the early resolution of complaints;

the roles, rights and responsibilities of people with disability, complainants, NDIS providers, advocates (including independent advocates) and other persons in relation to the management and resolution of complaints;

considerations relevant to making decisions under the National Disability Insurance Scheme rules in relation to complaints;

requirements relating to procedural fairness in relation to the management and resolution of complaints;

procedures for the review of decisions and processes;

actions that must or may be taken (including making requirements of NDIS providers) to address complaints;

authorising the provision of information relating to complaints to the Minister, the Agency or other specified bodies;

the matters in relation to which the Commissioner may authorise an inquiry, on his or her own initiative.

is appropriate for the size of the provider and for the classes of supports or services provided by the provider; and

complies with the requirements (if any) prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph.

the manner and period within which reportable incidents must be reported to the Commission;

action that must be taken in relation to reportable incidents;

authorising the provision of information relating to reportable incidents to the Minister, the Agency or other specified bodies;

the matters in which the Commissioner may authorise an inquiry in relation to a reportable incident, on his or her own initiative.

requiring a registered NDIS provider to provide people with disability with information regarding the use of an advocate (including an independent advocate) in relation to an investigation into the reportable incident; and

requiring a registered NDIS provider to arrange for, and cover the cost of, an independent investigation into the reportable incident within a specified period; and

providing a copy of any report of the independent investigation to the Commissioner.

the death of a person with disability; or

serious injury of a person with disability; or

abuse or neglect of a person with disability; or

unlawful sexual or physical contact with, or assault of, a person with disability; or

sexual misconduct committed against, or in the presence of, a person with disability, including grooming of the person for sexual activity; or

the use of a restrictive practice in relation to a person with disability, other than where the use is in accordance with an authorisation (however described) of a State or Territory in relation to the person.

(a) that a specified act, omission or event is a reportable incident;

(b) that a specified act, omission or event is not a reportable incident.

if the NDIS provider is a body corporate—an officer or employee of the body corporate, or a person who has a contract for the supply of goods or services to, or on behalf of, the body corporate;

if the NDIS provider is an unincorporated association—a member of the committee of management or an employee of the association, or a person who has a contract for the supply of goods or services to, or on behalf of, the association;

if the NDIS provider is a partnership—a partner in or an employee of the partnership, or a person who has a contract for the supply of goods or services to, or on behalf of, the partnership;

in any case—a person with disability who is receiving a support or service from the NDIS provider, or a nominee, family member, carer, independent advocate or significant other of that person.

the disclosure is made to one of the following:

the Commissioner;

the Agency;

if the NDIS provider is a body corporate—a member of the key personnel of the body corporate;

if the NDIS provider is an unincorporated association—a member of the key personnel of the association;

if the NDIS provider is a partnership—a partner; and

the discloser informs the person to whom the disclosure is made of the discloser’s name before making the disclosure; and

the discloser has reasonable grounds to suspect that the information indicates that an NDIS provider has, or may have, contravened a provision of this Act; and

the discloser makes the disclosure in good faith.

the person is not subject to any civil or criminal liability for making the disclosure; and

no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.

the person has qualified privilege (see subsection (3)) in respect of the disclosure; and

a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.

has qualified privilege in proceedings for defamation; and

is not, in the absence of malice on the person’s part, liable to an action for defamation at the suit of a person;

the first person engages in conduct; and

(b) the first person’s conduct causes any detriment to another person (the second person); and

the first person intends that his or her conduct cause detriment to the second person; and

the first person engages in his or her conduct because the second person or a third person made a disclosure that qualifies for protection under this Division.

(a) the first person makes to another person (the second person) a threat to cause any detriment to the second person or to a third person; and

the first person:

intends the second person to fear that the threat will be carried out; or

is reckless as to causing the second person to fear that the threat will be carried out; and

the first person makes the threat because a person:

makes a disclosure that qualifies for protection under this Part; or

may make a disclosure that would qualify for protection under this Division.

express or implied; or

conditional or unconditional.

a person contravenes subsection 73ZC(1) or (2); and

another person suffers damage because of the contravention;

an inspector is an authorised applicant; and

an inspector is an authorised person; and

a magistrate is an issuing officer; and

the Commissioner is the relevant chief executive; and

each of the following is a relevant court:

the Federal Court;

the Federal Circuit Court;

a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.

a civil penalty provision in this Part; or

(b) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Part.

an investigator is an authorised applicant; and

an investigator is an authorised person; and

a magistrate is an issuing officer; and

the Commissioner is the relevant chief executive; and

each of the following is a relevant court:

the Federal Court;

the Federal Circuit Court;

a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.

both of the following apply:

it is significantly more practicable to do so having regard to the timeliness and cost of examining or processing the thing at another place and the availability of expert assistance;

the authorised person or a person assisting suspects on reasonable grounds that the thing contains or constitutes evidential material; or

the occupier of the premises consents in writing.

inform the occupier of the premises of the address of the place and the time at which the examination or processing will be carried out; and

allow the occupier or his or her representative to be present during the examination or processing.

endanger the safety of a person; or

prejudice an investigation or prosecution.

the equipment is suitable for the examination or processing; and

the examination or processing can be carried out without damage to the equipment or the thing.

the removal of the data from any device in the control of the Commission; and

the destruction of any other reproduction of the data in the control of the Commission.

seize the equipment and any disk, tape or other associated device; or

if the material can be put in documentary form—put the material in that form and seize the documents so produced.

it is not practicable to copy the data as mentioned in subsection (3) or to put the material in documentary form as mentioned in paragraph (5)(b); or

possession of the equipment by the occupier of the premises could constitute an offence.

access data held in, or accessible from, a computer or data storage device that:

is on the premises; or

has been moved under subsection 73ZG(3) and is at a place for examination or processing; or

has been seized under this Act or under the Regulatory Powers Act as it applies in relation to this Act;

copy data held in, or accessible from, a computer, or data storage device, described in paragraph (a) to another data storage device;

convert into documentary form or another form intelligible to an authorised person or person assisting:

data held in, or accessible from, a computer, or data storage device, described in paragraph (a); or

data held in a data storage device to which the data was copied as described in paragraph (b); or

data held in a data storage device removed from premises under the Regulatory Powers Act as it applies in relation to this Act.

there are reasonable grounds for suspecting that evidential material is held in, or is accessible from, the computer or data storage device; and

the specified person is:

reasonably suspected of having committed the offence or contravened the civil penalty provision stated in the relevant warrant; or

the owner or lessee of the computer or device; or

an employee of the owner or lessee of the computer or device; or

a person engaged under a contract for services by the owner or lessee of the computer or device; or

a person who uses or has used the computer or device; or

a person who is or was a system administrator for the system including the computer or device; and

the specified person has relevant knowledge of:

the computer or device or a computer network of which the computer or device forms or formed a part; or

measures applied to protect data held in, or accessible from, the computer or device.

the computer or data storage device that is the subject of the order is seized under this Act or under the Regulatory Powers Act as it applies in relation to this Act; and

the order was granted on the basis of an application made before the seizure;

specify the period within which the person must provide the information or assistance; and

specify the place at which the person must provide the information or assistance; and

specify the conditions (if any) determined by the issuing officer as the conditions to which the requirement on the person to provide the information or assistance is subject.

as a result of electronic equipment being operated as mentioned in section 73ZG or 73ZH:

damage is caused to the equipment; or

the data recorded on the equipment is damaged; or

programs associated with the use of the equipment, or with the use of the data, are damaged or corrupted; and

the damage or corruption occurs because:

insufficient care was exercised in selecting the person who was to operate the equipment; or

insufficient care was exercised by the person operating the equipment.

the Federal Court of Australia; or

the Federal Circuit Court of Australia; or

a court of a State or Territory that has jurisdiction in relation to the matter;

the Federal Court;

the Federal Circuit Court;

a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.

is satisfied that an NDIS provider is not complying with this Act; or

is aware of information that suggests that an NDIS provider may not be complying with this Act.

set out the name of the provider to which the notice is given; and

set out brief details of the non-compliance or possible non-compliance; and

specify action that the provider must take, or refrain from taking, in order to address the non-compliance or possible non-compliance; and

specify a reasonable period within which the provider must take, or refrain from taking, the specified action; and

if the Commissioner considers it appropriate—specify a reasonable period within which the provider must provide the Commissioner with evidence that the provider has taken, or refrained from taking, the specified action; and

state that a failure to comply with the notice is subject to a civil penalty; and

if the provider is a registered NDIS provider—state that a failure to comply with the notice may lead to the provider’s registration being suspended or revoked; and

set out any other matters specified in the National Disability Insurance Scheme rules for the purposes of this paragraph.

the Commissioner has revoked the registration of the person as a registered NDIS provider; or

the Commissioner reasonably believes that:

the person has contravened, is contravening, or is likely to contravene this Act; or

the person has been involved in, or is likely to become involved in, a contravention of this Act by another person; or

the person is not suitable to provide supports or services to people with disability; or

there is an immediate danger to the health, safety or wellbeing of a person with disability if the person continues to be an NDIS provider; or

the person is convicted of an offence involving fraud or dishonesty; or

the person becomes an insolvent under administration.

the Commissioner reasonably believes that:

the person has contravened, is contravening, or is likely to contravene this Act; or

the person has been involved in, or is likely to become involved in, a contravention of this Act by another person; or

the person is not suitable to be involved in the provision of supports or services to people with disability; or

there is an immediate danger to the health, safety or wellbeing of a person with disability if the person continues to engage in the specified activities; or

the person is convicted of an offence involving fraud or dishonesty; or

the person becomes an insolvent under administration.

apply generally or may be of limited application; and

be permanent or for a specified period.

that there is an immediate danger to the health, safety or wellbeing of a person with disability;

that the Commissioner has revoked the registration of the person as a registered NDIS provider.

give the banning order to the person against whom the order is made; and

include in the banning order a statement of reasons for the order; and

if the banning order is against a person who is employed or otherwise engaged by an NDIS provider—notify the NDIS provider of the order as soon as possible.

the person engages in conduct; and

the conduct breaches a banning order that has been made against the person.

on his or her own initiative; or

on application by the person against whom the order was made.

be in writing; and

be in a form (if any) approved in writing by the Commissioner; and

include any information, and be accompanied by any documents, required by the Commissioner.

include in the written notice a statement of reasons for the variation or revocation of the order; and

if the variation or revocation relates to a person who is employed or otherwise engaged by an NDIS provider—notify the NDIS provider of the variation or revocation as soon as possible.

the Federal Court;

the Federal Circuit Court;

a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.

a written undertaking given by a person that the person will, in order to provide compensation for loss or damage suffered as a result of a contravention or alleged contravention by the person of a provision mentioned in subsection (1), pay another person an amount worked out in accordance with the undertaking;

a written undertaking given by a person in connection with a matter relating to a contravention or alleged contravention by the person of a provision mentioned in subsection (1).

the Federal Court;

the Federal Circuit Court;

a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.

(a) a member of the staff of the Commission under section 181U;

a person assisting the Commissioner under section 181W;

a person performing services for the Commonwealth under a contract with the Commonwealth.

the person has suitable training or experience to properly exercise the powers for which the person will be authorised to use; and

the person is otherwise an appropriate person to be appointed as an inspector, investigator or both (as the case requires).

the name of the person;

the person’s ABN (if any);

the period for which the registration of the person is in force;

the address of the principal place of business of the person;

the classes of supports or services the person is registered to provide;

if the registration is in respect of a class of persons—the class;

any conditions to which the registration of the person is subject under section 73G;

if the registration of the person is suspended—information about the suspension;

if the person is subject to a banning order—information about the banning order;

if a compliance notice is in force in relation to the person—information about the compliance notice;

if the person has given an enforceable undertaking under section 73ZP—information about the undertaking;

any other matter prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph.

the name of the person;

the person’s ABN (if any);

the address of the principal place of business of the person;

the classes of supports or services the person provides;

if a banning order is, or was, in force in relation to the person—information about the banning order;

if the person is, or was, subject to a compliance notice—information about the compliance notice;

if the person has given an enforceable undertaking under section 73ZP—information about the undertaking;

any other matter prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph.

the name of the person;

the person’s ABN (if any);

the address of the person;

if the person is, or was, subject to a banning order—information in relation to the banning order;

if the person was a registered NDIS provider and the person’s registration was revoked—information about the revocation;

any other matter prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph.

the correction of entries in the NDIS Provider Register;

the publication of the NDIS Provider Register in whole or part, or of specified information entered on the NDIS Provider Register;

any other matter relating to the administration or operation of the NDIS Provider Register.

(a) the reviewable decisions under this Act; and

(b) the decision-maker in respect of each of those decisions.

(a) provide that a decision made under a specified provision of the rules is a reviewable decision; and

(b) specify the decision-maker in respect of the reviewable decision.

that:

the person may request a review of the reviewable decision in accordance with this section; or

if the decision-maker is taken to have made the reviewable decision because of subsection 21(3) or 48(2)—the decision will be reviewed automatically; and

that the person may seek further review under section 103.

the registration of a person or entity as a registered NDIS provider, or the variation, suspension or revocation of that registration; or

the Commissioner; and

the staff of the Commission.

the Commission is a listed entity; and

the Commissioner is the accountable authority of the Commission; and

the following persons are officials of the Commission:

the Commissioner;

the staff referred to in section 181U;

persons assisting the Commissioner referred to in section 181W;

consultants engaged under section 181V; and

the purposes of the Commission include:

the functions of the Commission referred to in section 181B; and

the functions of the Commissioner referred to in section 181D.

the core functions;

the registration and reportable incident functions;

the complaints functions;

the behaviour support function;

such other functions that are conferred on the Commissioner by or under this Act or any other law of the Commonwealth;

to do anything incidental or conducive to the performance of any of the above functions.

consult and cooperate with other persons, organisations and governments on matters relating to those functions; and

consult and cooperate with other persons, organisations and governments on matters relating to the determination of the rights and interests of people receiving, or eligible to receive, supports or services under the National Disability Insurance Scheme; and

consult persons and groups with an interest in the supports or services provided under the National Disability Insurance Scheme; and

have regard to the interests and needs of persons receiving, or eligible to receive, supports or services under the National Disability Insurance Scheme.

provide opportunities for people with disability to participate in matters that relate to them and to take into consideration the wishes and views of people with disability in relation to those matters; and

conduct compliance and enforcement activities in a risk responsive and proportionate manner; and

support and maintain a diverse and sustainable NDIS market.

to uphold the rights of, and promote the health, safety and wellbeing of, people with disability receiving supports or services, including those received under the National Disability Insurance Scheme;

to develop a nationally consistent approach to managing quality and safeguards for people with disability receiving supports or services, including those received under the National Disability Insurance Scheme;

to promote the provision of advice, information, education and training to NDIS providers and people with disability;

to secure compliance with this Act through effective compliance and enforcement arrangements, including through the monitoring and investigation functions conferred on the Commissioner by Division 8 of Part 3A of Chapter 4;

to promote continuous improvement amongst NDIS providers and the delivery of progressively higher standards of supports and services to people with disability;

to develop and oversee the broad policy design for a nationally consistent framework relating to the screening of workers involved in the provision of supports and services to people with disability;

to provide advice or recommendations to the Agency or the Board in relation to the performance of the Agency’s functions;

to engage in, promote and coordinate the sharing of information to achieve the objects of this Act;

to provide NDIS market oversight, including:

by monitoring changes in the NDIS market which may indicate emerging risk; and

by monitoring and mitigating the risks of unplanned service withdrawal.

the functions conferred on the Commissioner by Division 2 of Part 3A of Chapter 4 (about registered NDIS providers);

the functions conferred on the Commissioner by section 73U (about approved quality auditors);

to monitor registered NDIS provider compliance with their conditions of registration, including in relation to the screening of workers in accordance with the NDIS Practice Standards;

to provide education, guidance and best practice information to NDIS providers in relation to compliance matters;

the functions relating to the notification and management of reportable incidents conferred on the Commissioner by the National Disability Insurance Scheme rules made for the purposes of section 73Z;

to support registered NDIS providers to develop and implement effective incident management systems and to build provider capability to prevent and manage incidents;

to collect, correlate, analyse and disseminate information relating to incidents, including reportable incidents, to identify trends or systemic issues.

the functions relating to the investigation, management, conciliation and resolution of complaints conferred on the Commissioner by the National Disability Insurance Scheme rules made for the purposes of section 73X;

to educate people about, and develop resources relating to, best practice in the handling of:

complaints arising out of, or in connection with, the provision of supports or services by NDIS providers; and

matters arising from such complaints;

to build the capability of people with disability to pursue complaints in relation to the provision of supports or services by NDIS providers;

to build NDIS provider capability to develop a culture of learning and innovation to deliver high quality supports and services, prevent incidents and respond to complaints;

to collect, correlate, analyse and disseminate information relating to complaints arising out of, or in connection with, the provision of supports or services by NDIS providers.

building capability in the development of behaviour support through:

developing and implementing a competency framework for registered NDIS providers whose registration includes the provision of behaviour support assessments and developing behaviour support plans; and

assessing the skills and experience of such providers against the competency framework; and

developing policy and guidance materials in relation to behaviour supports and the reduction and elimination of the use of restrictive practices by NDIS providers; and

providing education, training and advice on the use of behaviour supports and the reduction and elimination of the use of restrictive practices; and

overseeing the use of behaviour support and restrictive practices, including by:

monitoring registered NDIS provider compliance with the conditions of registration relating to behaviour support plans; and

collecting, analysing and disseminating data and other information relating to the use of behaviour supports and restrictive practices by NDIS providers; and

undertaking and publishing research to inform the development and evaluation of the use of behaviour supports and to develop strategies to encourage the reduction and elimination of restrictive practices by NDIS providers; and

assisting the States and Territories to develop a regulatory framework, including nationally consistent minimum standards, in relation to restrictive practices:

in line with the National Framework for Reducing and Eliminating the Use of Restrictive Practices in the Disability Service Sector; and

consistent with the Convention on the Rights of Persons with Disabilities done at New York on 13 December 2006.

the things that the Commissioner does in the performance of his or her functions for which he or she may charge fees; and

the amount, or a method of working out the amount, of those fees.

must not relate to a particular individual or provider; and

must not be inconsistent with this Act, the regulations or an instrument made under this Act.

(a) the Public Service Act 1999;

(b) the Public Governance, Performance and Accountability Act 2013.

during a vacancy in the office of Commissioner (whether or not an appointment has previously been made to the office); or

during any period, or during all periods, when the Commissioner:

is absent from duty or from Australia; or

is, for any reason, unable to perform the duties of the office.

remuneration for the purposes of subsection (1); and

allowances for the purposes of subsection (2).

for misbehaviour; or

if the Commissioner is unable to perform the duties of his or her office because of physical or mental incapacity.

the Commissioner:

becomes bankrupt; or

applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

compounds with his or her creditors; or

makes an assignment of his or her remuneration for the benefit of his or her creditors; or

the Commissioner is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

the Commissioner engages, without the Minister’s approval, in paid work outside the duties of his or her office (see section 181Q).

the Commissioner and the staff of the Commission together constitute a Statutory Agency; and

the Commissioner is the Head of that Statutory Agency.

(a) by employees of Agencies (within the meaning of the Public Service Act 1999); or

by officers or employees of a State or Territory; or

by officers or employees of authorities of the Commonwealth, a State or a Territory;

by sending the notice by prepaid post addressed to the person at his or her postal address last known to the Commissioner; or

by giving the notice to the person personally; or

in any other way the Commissioner considers appropriate.

(a) paragraph (b) of the definition of NDIS provider in section 9;

section 67F (NDIS rules for exercise of Commissioner’s disclosure powers);

subsection 73B(1) (requirement to be a registered NDIS provider);

paragraphs 73E(1)(d), (e) and (f) (registration as a registered NDIS provider);

section 73H (conditions determined by NDIS rules);

paragraphs 73N(1)(d), (e) and (f) (suspension of registration);

paragraphs 73P(1)(d), (e) and (f) (revocation of registration);

section 73Q (record keeping by registered NDIS providers);

subsection 73T(1) (NDIS Practice Standards);

subsection 73V(1) (NDIS Code of Conduct);

paragraph 73W(b) (complaints management and resolution system);

subsection 73X(1) (complaints management and resolution);

paragraph 73Y(b) (incident management system);

subsections 73Z(1) and (5) (reportable incidents);

paragraph 73ZM(2)(h) (compliance notices);

paragraphs 73ZS(3)(l), (4)(h) and (5)(f) and subsection 73ZS(7) (NDIS Provider Register).

subsection 99(2) (reviewable decisions).

powers under the Regulatory Powers Act in relation to the provisions of this Act; and

powers and functions under the Regulatory Powers Act that are incidental to a power mentioned in paragraph (a).

is a registered provider of supports; or

wishes to apply for approval as a registered provider of supports; or

is a registered NDIS provider; or

wishes to apply for registration as a registered NDIS provider; or

is an NDIS provider;

Division 2 of Part 1 of Chapter 4; and

Part 2 of Chapter 4;

may be of general application or may be limited as provided in the rules; and

may make different provision in relation to different kinds of providers, supports, services, circumstances or any other matter.

subsection 73T(1), to the extent that the NDIS Practice Standards deal with the screening of workers involved in the provision of supports or services to people with disability under the National Disability Insurance Scheme.

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

directly amend the text of this Act.

the amendments or repeals made by this Schedule; or

the enactment of this Act.

a State or Territory becoming a participating jurisdiction;

the transition of a person or entity from a registered provider of supports to a registered NDIS provider;

(c) the transition from the application of provisions of laws of the States and the Territories to the application of provisions of the National Disability Insurance Scheme Act 2013, as in force immediately after the commencement of this item.

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

directly amend the text of this Act.