Commonwealth: National Disability Insurance Scheme Amendment (Quality and Safeguards Commission and Other Measures) Act 2017 (Cth)

National Disability Insurance Scheme Amendment (Quality and Safeguards Commission and Other Measures) Act 2017 No. 131, 2017 An Act to amend the National Disability Insurance Scheme Act 2013, and for related purposes Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—NDIS Quality and Safeguards Commission Part 1—Amendments National Disability Insurance Scheme Act 2013 Part 2—Transitional rules National Disability Insurance Scheme Amendment (Quality and Safeguards Commission and Other Measures) Act 2017 No. 131, 2017 An Act to amend the National Disability Insurance Scheme Act 2013, and for related purposes [Assented to 13 December 2017] The Parliament of Australia enacts: 1 Short title This Act is the National Disability Insurance Scheme Amendment (Quality and Safeguards Commission and Other Measures) Act 2017. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 13 December 2017 2. Schedule 1 1 July 2018. 1 July 2018 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—NDIS Quality and Safeguards Commission Part 1—Amendments National Disability Insurance Scheme Act 2013 1 After paragraph 3(1)(g) Insert: (ga) 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 2 At the end of subsection 3(2) Insert: ; and (c) establishing a national regulatory framework for persons and entities who provide supports and services to people with disability, including certain supports and services provided outside the National Disability Insurance Scheme. 3 Subsection 4(9) After "the Agency", insert "and the Commission". 4 Subsection 4(17) After "the CEO", insert ", the Commissioner". 5 Section 8 After: (e) provisions about the treatment of compensation. insert: This Act also provides for the regulation of persons and entities who provide supports and services to people with disability under the National Disability Insurance Scheme. It also regulates supports and services provided outside the National Disability Insurance Scheme in certain circumstances. Depending on where a person with disability lives, he or she may receive supports or services from registered providers of supports (Part 3 of Chapter 4) or from registered NDIS providers (Part 3A of Chapter 4). Supports and services may also be received from providers who are not registered. 6 Section 8 After: (d) provides for reporting and financial matters. insert: The NDIS Quality and Safeguards Commission and the office of the NDIS Quality and Safeguards Commissioner are also established by this Act (Chapter 6A). The functions of the Commissioner include: (a) functions relating to the quality and safety of services and supports provided to people with disability; and (b) registering and overseeing the operation of NDIS providers; and (c) managing and resolving complaints about NDIS providers; and (d) providing leadership in relation to behaviour supports. 7 Section 9 Insert: Agency officer means: (a) a member of the staff of the Agency under section 169; or (b) a person assisting the Agency under section 170. approved quality auditor means a person or body approved by the Commissioner under section 73U. banning order means an order made under section 73ZN. behaviour support function has the meaning given by section 181H. civil penalty provision has the same meaning as in the Regulatory Powers Act. Commission means the NDIS Quality and Safeguards Commission established by section 181A. Commissioner means the Commissioner of the NDIS Quality and Safeguards Commission referred to in section 181C. Commission officer means: (a) a member of the staff of the Commission under section 181U; or (b) a person assisting the Commissioner under section 181W. complaints functions has the meaning given by section 181G. compliance notice means a notice given under section 73ZM. core functions has the meaning given by section 181E. decision‑maker for a reviewable decision means: (a) 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 (b) 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. independent advocate, in relation to a person with disability, means a person who: (a) is independent of the Agency, the Commission and any NDIS providers providing supports or services to the person with disability; and (b) 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 (c) acts at the direction of the person with disability, reflecting the person with disability's expressed wishes, will, preferences and rights; and (d) is free of relevant conflicts of interest. key personnel has the meaning given by section 11A. NDIS Code of Conduct means the National Disability Insurance Scheme rules made for the purposes of section 73V. NDIS Practice Standards means the National Disability Insurance Scheme rules made for the purposes of section 73T. NDIS provider means: (a) a person (other than the Agency) who receives: (i) funding under the arrangements set out in Chapter 2; or (ii) NDIS amounts (other than as a participant); or (b) a person or entity: (i) who provides supports or services to people with disability other than under the National Disability Insurance Scheme; and (ii) who is prescribed by the National Disability Insurance Scheme rules for the purposes of this subparagraph. NDIS Provider Register means the register maintained under section 73ZS. 8 Section 9 (definition of officer) Repeal the definition. 9 Section 9 Insert: otherwise engaged includes engaged on a voluntary basis. paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise). participating jurisdiction has the meaning given by section 10A. protected Agency information means: (a) information about a person that is or was held in the records of the Agency; or (b) information to the effect that there is no information about a person held in the records of the Agency. protected Commission information means: (a) information about a person that is or was held in the records of the Commission; or (b) information to the effect that there is no information about a person held in the records of the Commission. 10 Section 9 (definition of protected information) Repeal the definition. 11 Section 9 Insert: registered means registered under section 73E. registered NDIS provider means a person or entity who is registered under section 73E. 12 Section 9 (definition of registered plan management provider) Repeal the definition, substitute: registered plan management provider means: (a) 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 (b) 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). 13 Section 9 Insert: registration and reportable incident functions has the meaning given by section 181F. Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014. reportable incident has the meaning given by subsections 73Z(4) and (5). restrictive practice means any practice or intervention that has the effect of restricting the rights or freedom of movement of a person with disability. 14 Section 9 (definition of reviewable decision) Repeal the definition, substitute: reviewable decision has the meaning given by subsections 99(1) and (2). 15 After section 10 Insert: 10A Definition of participating jurisdiction The Minister may, by legislative instrument, specify that a host jurisdiction is a participating jurisdiction, with the agreement of that host jurisdiction. Note: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument (see subsection 44(1) of that Act). 16 At the end of Part 4 of Chapter 1 Add: 11A Definition of key personnel (1) Each of the following is one of the key personnel of a person or entity: (a) a member of the group of persons who is responsible for the executive decisions of the person or entity; (b) any other person who has authority or responsibility for (or significant influence over) planning, directing or controlling the activities of the person or entity. (2) Without limiting paragraph (1)(a), a reference in that paragraph to a person who is responsible for the executive decisions of a person or entity includes: (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 (b) in any other case—a member of the person's or entity's governing body. 17 Subsection 33(6) Repeal the subsection, substitute: (6) To the extent that the funding for supports under a participant's plan is managed by the Agency, the plan must provide that the supports are to be provided only by: (a) for supports provided to a participant in a participating jurisdiction—a registered NDIS provider; or (b) otherwise—a registered provider of supports. 18 Section 49 (note 2) Omit "paragraph 99(d)", substitute "subsection 99(1)". 19 Paragraph 54(2)(d) Omit "officer", substitute "Agency officer". 20 Section 55 (heading) Repeal the heading, substitute: 55 Power of CEO to obtain information from other persons to ensure the integrity of the National Disability Insurance Scheme 21 After section 55 Insert: 55A Power of Commissioner to obtain information from other persons to ensure the integrity of the National Disability Insurance Scheme etc. (1) If the Commissioner reasonably believes that a person, other than a prospective participant or a person receiving supports or services from an NDIS provider, has information, or has custody or control of a document, that may be relevant to one or more of the matters mentioned in subsection (2), the Commissioner may require the person to give the information, or produce the document, to the Commissioner. (2) The matters are as follows: (a) whether an NDIS provider is contravening subsection 73B(2) (requirement to be a registered NDIS provider); (b) whether a person applying for registration under subsection 73E(1) satisfies the requirements mentioned in that subsection; (c) whether a registered NDIS provider is meeting the conditions of registration mentioned in subsection 73F(1); (d) 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; (e) 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; (f) the functions of the Commissioner. 22 Subsection 56(1) After "section 55", insert "or 55A". 23 Paragraph 56(2)(c) After "Agency", insert "or Commissioner". 24 Paragraph 56(2)(d) Repeal the paragraph, substitute: (d) 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 (da) 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 25 Subsections 56(4) and (5) Repeal the subsections, substitute: (4) If the notice is given by the CEO: (a) the notice may require the person to give the information by appearing before a specified Agency officer to answer questions; and (b) 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. (5) If the notice is given by the Commissioner: (a) the notice may require the person to give the information by appearing before a specified Commission officer to answer questions; and (b) 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. 26 Subsection 57(1) After "section 55", insert "or 55A". 27 Subsections 58(1) and (2) Omit "or an officer", substitute ", an Agency officer, the Commissioner or a Commission officer". 28 Before section 60 Insert: Division 1—Information held by the Agency 29 Paragraph 60(2)(a) Omit "protected information", substitute "protected Agency information". 30 Section 62 (heading) Repeal the heading, substitute: 62 Offence—unauthorised use or disclosure of protected Agency information 31 Paragraph 62(c) Omit "protected information", substitute "protected Agency information". 32 Section 63 (heading) Repeal the heading, substitute: 63 Offence—soliciting disclosure of protected Agency information 33 Paragraph 63(a) Omit "from an officer or another person, whether or not any protected information", substitute "from an Agency officer or another person, whether or not any protected Agency information". 34 Paragraph 63(c) Omit "protected information", substitute "protected Agency information". 35 Section 64 (heading) Repeal the heading, substitute: 64 Offence—offering to supply protected Agency information 36 Paragraphs 64(1)(b) and (2)(b) Omit "protected information", substitute "protected Agency information". 37 Subsection 64(3) Omit "an officer", substitute "a person". 38 Section 65 Repeal the section. 39 Subsection 66(1) Omit "and 65", substitute ", 64 and 67G". 40 Paragraph 66(1)(a) Omit "CEO certifies that it is necessary", substitute "CEO is satisfied on reasonable grounds that it is". 41 Subsection 66(2) Omit "certifying for the purposes of paragraph (1)(a) or disclosing information for the purposes of subparagraph", substitute "disclosing information for the purposes of paragraph (1)(a) or subparagraph". 42 Subsection 66(3) After "protected" (wherever occurring), insert "Agency". 43 Section 67 Repeal the section, substitute: 67 National Disability Insurance Scheme rules for exercise of CEO's disclosure powers The National Disability Insurance Scheme rules may make provision for and in relation to the exercise of the CEO's power to disclose information for the purposes of paragraph 66(1)(a) or subparagraph 66(1)(b)(i) or (v). 44 Section 68 Repeal the section. 45 At the end of Part 2 of Chapter 4 Add: Division 2—Information held by the Commission 67A Protection of information held by the Commission etc. (1) A person may: (a) make a record of protected Commission information; or (b) disclose such information to any person; or (c) otherwise use such information; if: (d) the making of the record, or the disclosure or use of the information, by the person is made: (i) for the purposes of this Act; or (ii) for the purpose for which the information was disclosed to the person under section 67E; or (iii) with the express or implied consent of the person to whom the information relates; or (e) 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. (2) Without limiting subsection (1), the recording, disclosure or use of information by a person is taken to be for the purposes of this Act if the Commissioner reasonably believes that it is reasonably necessary for one or more of the following purposes: (a) research into matters relevant to the National Disability Insurance Scheme; (b) policy development. 67B Offence—unauthorised use or disclosure of protected Commission information A person commits an offence if: (a) the person: (i) makes a record of information; or (ii) discloses information to any other person; or (iii) otherwise makes use of information; and (b) 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 (c) the information is protected Commission information. Penalty: Imprisonment for 2 years or 120 penalty units, or both. Note: If a body corporate is convicted of an offence against this section, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of up to 5 times the pecuniary penalty stated above. 67C Offence—soliciting disclosure of protected Commission information A person (the first person) commits an offence if: (a) 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 (b) the disclosure would be in contravention of this Part; and (c) the information is protected Commission information. Penalty: Imprisonment for 2 years or 120 penalty units, or both. Note: If a body corporate is convicted of an offence against this section, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of up to 5 times the pecuniary penalty stated above. 67D Offence—offering to supply protected Commission information (1) A person commits an offence if: (a) the person offers to supply (whether to a particular person or otherwise) information about another person; and (b) the person knows the information is protected Commission information. Penalty: Imprisonment for 2 years or 120 penalty units, or both. Note: If a body corporate is convicted of an offence against this subsection, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of up to 5 times the pecuniary penalty stated above. (2) A person commits an offence if: (a) the person holds himself or herself out as being able to supply (whether to a particular person or otherwise) information about another person; and (b) the person knows the information is protected Commission information. Penalty: Imprisonment for 2 years or 120 penalty units, or both. Note: If a body corporate is convicted of an offence against this subsection, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of up to 5 times the pecuniary penalty stated above. (3) Subsections (1) and (2) do not apply to a person acting in the performance or exercise of his or her duties, functions or powers under this Act. 67E Disclosure of information by Commissioner (1) Despite sections 67B, 67D and 67G, the Commissioner may: (a) 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 (b) disclose any such information: (i) 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 (ii) to a person who has the express or implied consent of the person to whom the information relates to collect it; or (iii) 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 (iv) 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. (2) In disclosing information for the purposes of paragraph (1)(a) or subparagraph (1)(b)(i), (iii) or (iv), the Commissioner must act in accordance with the National Disability Insurance Scheme rules made for the purposes of section 67F. (3) Despite any other provision of this Part, the Commissioner may disclose protected Commission information to a participant's nominee if the protected Commission information: (a) relates to the participant; and (b) is or was held in the records of the Commission. 67F National Disability Insurance Scheme rules for exercise of Commissioner's disclosure powers The National Disability Insurance Scheme rules may make provision for and in relation to the exercise of the Commissioner's power to disclose information for the purposes of paragraph 67E(1)(a) or subparagraph 67E(1)(b)(i), (iii) or (iv). Division 3—Information generally 67G Protection of certain documents etc. from production to court etc. A person must not, except for the purposes of this Act, be required: (a) 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 (b) 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; to a court, tribunal, authority or person that has power to require the production of documents or the answering of questions. 67H Part does not affect the operation of the Freedom of Information Act 1982 The provisions of this Part that relate to the disclosure of information do not affect the operation of the Freedom of Information Act 1982. 46 After Part 3 of Chapter 4 (heading) Insert: Note: A person or entity can only provide supports, as a registered provider of supports, to participants that are not in a participating jurisdiction (see paragraph 70(1)(ca)). 47 After paragraph 70(1)(c) Insert: (ca) 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 48 After Part 3 of Chapter 4 Insert: Part 3A—NDIS providers Division 1—Application of Part 73A Application of Part This Part applies in relation to: (a) persons or entities applying for registration to provide supports or services to people with disability in participating jurisdictions; and (b) registered NDIS providers providing supports or services to people with disability in participating jurisdictions; and (c) NDIS providers providing supports or services to people with disability in participating jurisdictions. Division 2—Registered NDIS providers 73B Requirement to be a registered NDIS provider (1) The National Disability Insurance Scheme rules may require that specified classes of supports provided under participants' plans are to be provided only by NDIS providers who are registered under section 73E to provide those classes of supports. Note: See also subsection 33(6), which provides that, if the funding for supports under a plan is managed by the Agency, supports are to be provided only by a registered NDIS provider. (2) A person must not provide a support under a participant's plan if: (a) the National Disability Insurance Scheme rules require the person to be registered to provide the support under the plan; and (b) the person is not so registered. Civil penalty: 250 penalty units. 73C Application to be a registered NDIS provider (1) A person may apply to the Commissioner to be a registered NDIS provider in relation to one or more of the following: (a) the provision of supports or services under the arrangements set out in Chapter 2; (b) managing the funding for supports under participants' plans; (c) the provision of supports under participants' plans. Note: An unincorporated association or a partnership may also apply for registration under this section (see section 203). (2) A person may also apply to the Commissioner to be a registered NDIS provider in relation to the provision of services or supports to people with disability other than under the National Disability Insurance Scheme if the person is included in a class of persons prescribed for the purposes of subparagraph (b)(ii) of the definition of NDIS provider. (3) The application must: (a) be in writing; and (b) be in a form (if any) approved in writing by the Commissioner; and (c) include any information, and be accompanied by any documents, required by the Commissioner. Note: The Commissioner is not required to make a decision on the application if this subsection is not complied with (see section 197B). (4) The Commissioner may, by written notice, require an applicant for registration to give the Commissioner such further information or documents in relation to the application as the Commissioner reasonably requires. Note: The Commissioner is not required to make a decision on the application if this subsection is not complied with (see section 197B). (5) A notice under subsection (4) may specify a period, which must not be less than 14 days, within which the information or documents must be given. 73D False or misleading information or documents in application A person contravenes this section if the person: (a) provides information or a document in, or in connection with, an application for registration; and (b) the person knows the information or document is false or misleading in a material particular. Civil penalty: 60 penalty units. Note: Part 7.4 of the Criminal Code provides offences in relation to false or misleading statements, information and documents. 73E Registration as a registered NDIS provider Registration (1) The Commissioner may register a person as a registered NDIS provider if: (a) the person (the applicant) makes an application under section 73C; and (b) the applicant will provide supports or services to people with disability in a participating jurisdiction; and (c) 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 (d) 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 (e) 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 (f) the applicant satisfies any other requirements prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph. (2) A person may be registered in respect of one or more of the following: (a) managing the funding of supports under participants' plans; (b) providing specified classes of supports under participants' plans; (c) providing specified classes of supports or services under the arrangements set out in Chapter 2; (d) providing specified classes of supports or services to people with disability other than under the National Disability Insurance Scheme. (3) Despite subsections (1) and (2), if a banning order is in force in relation to the applicant, the Commissioner must not register the applicant in a way that would be inconsistent with the banning order. Note: Under subsection 73ZN(3), a banning order may be of general or limited application. Notice of decision to register (4) The Commissioner must: (a) 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 (b) if the decision is to register the person—provide a certificate of registration, specifying the matters mentioned in subsection (5), to the person. Certificate of registration (5) A certificate of registration must specify: (a) which of the following the person is a registered NDIS provider in relation to: (i) managing the funding for supports under plans; (ii) the provision of supports under plans; (iii) the provision of supports or services under the arrangements set out in Chapter 2; (iv) the provision of services or supports to people with disability other than under the National Disability Insurance Scheme; and (b) the classes of supports or services the person is registered to provide; and (c) 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 (d) the conditions (if any) on the registration imposed by the Commissioner under section 73G; and (e) the period for which the registration is in force; and (f) any other matter determined in writing by the Commissioner for the purposes of this paragraph. Note: The registration of a person may be varied (see section 73L), suspended (see section 73N) or revoked (see section 73P) and the period for which the registration is in force may be extended (see section 73K) or varied (see section 73L). (6) A determination made under paragraph (5)(f) is not a legislative instrument. 73F Registration is subject to conditions (1) The registration of a person as a registered NDIS provider is subject to the following conditions: (a) the conditions set out in subsection (2); (b) the conditions (if any) imposed by the Commissioner under section 73G; (c) the conditions (if any) determined by the National Disability Insurance Scheme rules under section 73H. (2) The registration of a person as a registered NDIS provider is subject to the following conditions: (a) 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; (b) a condition that the person comply with all applicable requirements of the NDIS Code of Conduct; (c) a condition that the person comply with all applicable standards and other requirements of the NDIS Practice Standards; (d) 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; (e) a condition that the person implement and maintain the applicable complaints management and resolution system in accordance with section 73W; (f) 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; (g) a condition that the person implement and maintain the applicable incident management system in accordance with section 73Y; (h) 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; (i) 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). 73G Conditions specified in certificate of registration (1) The Commissioner may impose conditions to which the registration of a person as a registered NDIS provider is subject. (2) A condition may be imposed at the time of registration, or at a later time. Note: Conditions imposed under this section may also be varied or revoked (see section 73L). (3) The conditions may include, but are not limited to, conditions relating to the following matters: (a) the types of quality audits the provider must undergo; (b) the timing of such quality audits; (c) 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. 73H Conditions determined by NDIS rules The National Disability Insurance Scheme rules may determine that each registration, or each registration included in a specified class of registration, is taken to include one or more specified conditions. 73J Registered NDIS providers must comply with conditions of registration A person contravenes this section if the person: (a) is a registered NDIS provider; and (b) breaches a condition to which the registration of the person is subject. Civil penalty: 250 penalty units. 73K Extension of period for which registration is in force (1) Subsection (2) applies if: (a) the registration of a person as a registered NDIS provider will cease to be in force on a particular day; and (b) within 6 months before that day, the person makes an application under section 73C. (2) Despite paragraph 73E(5)(e), the registration of the person continues in force until the Commissioner makes a decision on the application under subsection 73E(1). 73L Variation of registration (1) The Commissioner may vary the registration of a registered NDIS provider, by written notice given to the provider: (a) at any time, on the Commissioner's own initiative; or (b) on application by the provider under section 73M. (2) The Commissioner may vary the registration of a registered NDIS provider if the Commissioner considers it appropriate in all the circumstances to do so. (3) Without limiting subsection (1), the Commissioner may vary the registration of an NDIS provider to: (a) impose, vary or revoke conditions to which the registration is subject under section 73G; or (b) reduce or extend the period for which the registration is in force; or (c) extend, modify or reduce the supports or services the provider is registered to provide. (4) If the Commissioner decides to vary the registration of a registered NDIS provider, the Commissioner must give a certificate of registration as varied to the provider. (5) If, after receiving an application under section 73M, the Commissioner refuses to vary the registration of a registered NDIS provider, the Commissioner must give written notice of the refusal, including reasons for the refusal. (6) A variation of the registration of a registered NDIS provider takes effect on the day specified in the notice given under subsection (1). 73M Application for variation of registration (1) A registered NDIS provider may apply for a variation to the provider's registration. (2) The application must: (a) be in writing; and (b) be in a form (if any) approved in writing by the Commissioner; and (c) include any information, and be accompanied by any documents, required by the Commissioner. Note: The Commissioner is not required to make a decision on the application if this subsection is not complied with (see section 197B). (3) The Commissioner may, by written notice, require an applicant for a variation to give the Commissioner such further information or documents in relation to the application as the Commissioner reasonably requires. Note: The Commissioner is not required to make a decision on the application if this subsection is not complied with (see section 197B). (4) A notice under subsection (3) may specify a period, which must not be less than 14 days, within which the information or documents must be given. 73N Suspension of registration Suspension on Commissioner's own initiative (1) The Commissioner may, in writing, suspend the registration of a person as a registered NDIS provider for a specified period if: (a) the Commissioner reasonably believes that the person has contravened, is contravening, or is proposing to contravene, this Act; or (b) the Commissioner reasonably believes that the application for registration by the person contained information that was false or misleading in a material particular; or (c) the person is an insolvent under administration; or (d) 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 (e) 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 (f) a circumstance exists that is a circumstance prescribed by National Disability Insurance Scheme rules for the purposes of this paragraph. (2) The period specified under subsection (1) must not be longer than 30 days. (3) To avoid doubt, subsection (2) does not prevent the Commissioner suspending the registration of a person as a registered provider more than once. (4) In deciding whether to suspend the registration of a person under subsection (1), the Commissioner must have regard to the following matters: (a) the nature, significance and persistence of any contravention, or proposed contravention, of this Act; (b) action that can be taken to address any contravention, or proposed contravention, of this Act; (c) 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; (d) the health, safety or wellbeing of people with disability receiving supports or services from the person; (e) any other matter the Commissioner considers relevant. (5) If the registration of a person is suspended under subsection (1), the Commissioner must give the person written notice of the suspension and the reasons for the suspension. Suspension at the request of registered NDIS provider (6) The Commissioner may, in writing, suspend the registration of a person as a registered NDIS provider for a specified period if the person requests the Commissioner, in writing, to suspend the registration. Effect of suspension (7) If the registration of a person is suspended under this section, the registration ceases to have effect until the suspension ceases to be in force. 73P Revocation of registration (1) The Commissioner may, in writing, revoke the registration of a person as a registered NDIS provider if: (a) the Commissioner reasonably believes that the person has contravened, is contravening, or is proposing to contravene, this Act; or (b) the application for registration by the person contained information that was false or misleading in a material particular; or (c) the person is an insolvent under administration; or (d) 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 (e) 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 (f) a circumstance exists that is a circumstance prescribed by National Disability Insurance Scheme rules for the purposes of this paragraph. (2) In deciding whether to revoke the registration of a person under subsection (1), the Commissioner must have regard to the following matters: (a) the nature, significance and persistence of any contravention, or proposed contravention, of this Act; (b) action that can be taken to address any contravention, or proposed contravention, of this Act; (c) 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; (d) the health, safety or wellbeing of people with disability receiving supports or services from the person; (e) any other matter the Commissioner considers relevant. (3) The Commissioner may, in writing, revoke the registration of a person as a registered NDIS provider if the person requests the Commissioner, in writing, to revoke the registration. (4) Before deciding to revoke the registration of a person under subsection (1), the Commissioner must notify the person that revocation is being considered. The notice must be in writing and must: (a) include the Commissioner's reasons for considering the revocation; and (b) invite the person to make submissions, in writing, to the Commissioner within 28 days after receiving the notice; and (c) 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). (5) In deciding whether to revoke the registration, the Commissioner must consider any submissions given to the Commissioner within the period referred to in paragraph (4)(b). (6) The Commissioner must notify the person, in writing, of the decision. (7) The notice under subsection (6) must be given within 28 days after the end of the period for making submissions. If the notice is not given within this period, the Commissioner is taken to have decided not to revoke the registration. 73Q Record keeping by registered NDIS providers A registered NDIS provider must keep records of the kind, for the period and in the form prescribed by the National Disability Insurance Scheme rules. Note: Compliance with this section is a condition of registration (see paragraph 73F(2)(d)), breach of which is a civil penalty provision (see section 73J). 73R Record keeping by former registered NDIS providers (1) A person who has ceased to be a registered NDIS provider must keep records that the person was required to retain under section 73Q immediately before the person ceased to be a registered NDIS provider. (2) The records must be kept for 3 years commencing on the day that the person ceased to be a registered NDIS provider. (3) A person contravenes this section if the person: (a) is subject to a requirement under this section; and (b) fails to comply the requirement. Civil penalty: 60 penalty units. 73S Grants of financial assistance in relation to registration (1) The Commissioner may, on behalf of the Commonwealth, make a grant of financial assistance to a person or entity in relation to applications for registration, or variations to registration, as a registered NDIS provider under this Act. (2) The terms and conditions on which that financial assistance is granted are to be set out in a written agreement between the Commonwealth and the person or entity. (3) An agreement under subsection (2) may be entered into by the Commissioner on behalf of the Commonwealth. Division 3—Quality assurance 73T NDIS Practice Standards (1) The National Disability Insurance Scheme rules may make provision for or in relation to standards concerning the quality of supports or services to be provided by registered NDIS providers. Note: Non‑compliance with the NDIS Practice Standards by registered NDIS providers constitutes a breach of condition of registration (see paragraph 73F(2)(c) and section 73J). (2) Rules made for the purposes of subsection (1) are to be known as the NDIS Practice Standards. (3) Without limiting subsection (1), the NDIS Practice Standards may deal with the following: (a) standards to be complied with to become a registered NDIS provider; (b) standards to be complied with to remain a registered NDIS provider; (c) matters relating to assessing compliance with the standards; (d) matters relating to the screening of workers employed or otherwise engaged by registered NDIS providers. 73U Approved quality auditors (1) The Commissioner may, in writing, approve a person or body to be an approved quality auditor for the purposes of this Act. (2) An approval given under subsection (1) is not a legislative instrument. (3) The Commissioner may publish, on the Commission's website, a list of approved quality auditors. Division 4—NDIS Code of Conduct 73V NDIS Code of Conduct (1) The National Disability Insurance Scheme rules may make provision for or in relation to a code of conduct that applies to either or both of the following: (a) NDIS providers; (b) persons employed or otherwise engaged by NDIS providers. (2) Rules made for the purposes of subsection (1) are to be known as the NDIS Code of Conduct. (3) A person contravenes this section if the person: (a) is subject to a requirement under the NDIS Code of Conduct; and (b) fails to comply with the requirement. Civil penalty: 250 penalty units. Division 5—Complaints management and resolution 73W Complaints management and resolution system—registered NDIS providers A registered NDIS provider must implement and maintain a complaints management and resolution system that: (a) is appropriate for the size of the provider and for the classes of supports or services provided by the provider; and (aa) acknowledges the role of advocates (including independent advocates) and other representatives of persons with disability; and (ab) 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 (b) complies with the requirements (if any) prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph. Note: Non‑compliance with this section constitutes a breach of condition of registration (see paragraph 73F(2)(e) and section 73J). 73X Arrangements relating to the management and resolution of complaints (1) The National Disability Insurance Scheme rules may prescribe arrangements relating to the management and resolution of complaints arising out of, or in connection with, the provision of supports or services by NDIS providers. (2) Without limiting subsection (1), the National Disability Insurance Scheme rules may deal with the following matters: (a) how complaints may be made, managed and resolved, including methods to support the early resolution of complaints; (b) 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; (c) considerations relevant to making decisions under the National Disability Insurance Scheme rules in relation to complaints; (ca) requirements relating to procedural fairness in relation to the management and resolution of complaints; (d) procedures for the review of decisions and processes; (e) actions that must or may be taken (including making requirements of NDIS providers) to address complaints; (f) authorising the provision of information relating to complaints to the Minister, the Agency or other specified bodies; (g) the matters in relation to which the Commissioner may authorise an inquiry, on his or her own initiative. Division 6—Incident management—registered NDIS providers 73Y Incident management system A registered NDIS provider must implement and maintain an incident management system that: (a) is appropriate for the size of the provider and for the classes of supports or services provided by the provider; and (b) complies with the requirements (if any) prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph. Note: Non‑compliance with this section constitutes a breach of condition of registration (see paragraph 73F(2)(g) and section 73J). 73Z Reportable incidents (1) The National Disability Insurance Scheme rules must prescribe arrangements relating to the notification and management of reportable incidents that occur, or are alleged to have occurred, in connection with the provision of supports or services by registered NDIS providers. (2) Without limiting subsection (1), the National Disability Insurance Scheme rules may deal with the following matters: (a) the manner and period within which reportable incidents must be reported to the Commission; (b) action that must be taken in relation to reportable incidents; (c) authorising the provision of information relating to reportable incidents to the Minister, the Agency or other specified bodies; (d) the matters in which the Commissioner may authorise an inquiry in relation to a reportable incident, on his or her own initiative. (3) Without limiting paragraph (2)(b), action may include: (aa) 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 (a) 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 (b) providing a copy of any report of the independent investigation to the Commissioner. (4) Reportable incident means: (a) the death of a person with disability; or (b) serious injury of a person with disability; or (c) abuse or neglect of a person with disability; or (d) unlawful sexual or physical contact with, or assault of, a person with disability; or (e) sexual misconduct committed against, or in the presence of, a person with disability, including grooming of the person for sexual activity; or (f) 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. (5) Despite subsection (4), the National Disability Insurance Scheme rules may provide as follows: (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. Division 7—Protection of disclosers 73ZA Disclosures qualifying for protection (1) This section applies to a disclosure of information by a person (the discloser) who is, in relation to an NDIS provider, any of the following: (a) 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; (b) 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; (c) 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; (d) 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. (2) The disclosure of the information by the discloser qualifies for protection under this Division if: (a) the disclosure is made to one of the following: (i) the Commissioner; (ii) the Agency; (iii) if the NDIS provider is a body corporate—a member of the key personnel of the body corporate; (iv) if the NDIS provider is an unincorporated association—a member of the key personnel of the association; (v) if the NDIS provider is a partnership—a partner; and (b) the discloser informs the person to whom the disclosure is made of the discloser's name before making the disclosure; and (c) 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 (d) the discloser makes the disclosure in good faith. (3) In this section, officer has the same meaning as it has in the Corporations Act 2001. 73ZB Disclosure that qualifies for protection not actionable etc. (1) If a person makes a disclosure that qualifies for protection under this Division: (a) the person is not subject to any civil or criminal liability for making the disclosure; and (b) 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. Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure. (2) Without limiting subsection (1): (a) the person has qualified privilege (see subsection (3)) in respect of the disclosure; and (b) 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. (3) For the purpose of paragraph (2)(a), qualified privilege, in respect of the disclosure, means that the person: (a) has qualified privilege in proceedings for defamation; and (b) is not, in the absence of malice on the person's part, liable to an action for defamation at the suit of a person; in respect of the disclosure. (4) For the purpose of paragraph (3)(b), malice includes ill will to the person concerned or any other improper motive. (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation. 73ZC Victimisation prohibited Actually causing detriment to another person (1) A person (the first person) contravenes this subsection if: (a) the first person engages in conduct; and (b) the first person's conduct causes any detriment to another person (the second person); and (c) the first person intends that his or her conduct cause detriment to the second person; and (d) 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. Civil penalty: 500 penalty units. Threatening to cause detriment to another person (2) A person (the first person) contravenes this subsection if: (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 (b) the first person: (i) intends the second person to fear that the threat will be carried out; or (ii) is reckless as to causing the second person to fear that the threat will be carried out; and (c) the first person makes the threat because a person: (i) makes a disclosure that qualifies for protection under this Part; or (ii) may make a disclosure that would qualify for protection under this Division. Civil penalty: 500 penalty units. Threats (3) For the purpose of subsection (2), a threat may be: (a) express or implied; or (b) conditional or unconditional. (4) In proceedings for a civil penalty order against a person for a contravention of subsection (2), it is not necessary to prove that the person threatened actually feared that the threat would be carried out. 73ZD Right to compensation If: (a) a person contravenes subsection 73ZC(1) or (2); and (b) another person suffers damage because of the contravention; the person in contravention is liable to compensate the other person for the damage. Division 8—Compliance and enforcement 73ZE Monitoring powers Provisions subject to monitoring (1) This Part is subject to monitoring under Part 2 of the Regulatory Powers Act. Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the provisions of this Part have been complied with. It includes powers of entry and inspection. Information subject to monitoring (2) Information given in compliance or purported compliance with a provision of this Part is subject to monitoring under Part 2 of the Regulatory Powers Act. Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection. Authorised applicant, authorised person, issuing officer, relevant chief executive and relevant court (3) For the purposes of Part 2 of the Regulatory Powers Act as it applies in relation to this Part: (a) an inspector is an authorised applicant; and (b) an inspector is an authorised person; and (c) a magistrate is an issuing officer; and (d) the Commissioner is the relevant chief executive; and (e) each of the following is a relevant court: (i) the Federal Court; (ii) the Federal Circuit Court; (iii) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act. Person assisting (4) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 2 of the Regulatory Powers Act in relation to this Part. 73ZF Investigation powers Provisions subject to investigation (1) A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is: (a) 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. Note: Part 3 of the Regulatory Powers Act creates a framework for investigating whether a provision has been contravened. It includes powers of entry, search and seizure. Authorised applicant, authorised person, issuing officer, relevant chief executive and relevant court (2) For the purposes of Part 3 of the Regulatory Powers Act, as it applies in relation to evidential material that relates to a provision mentioned in subsection (1): (a) an investigator is an authorised applicant; and (b) an investigator is an authorised person; and (c) a magistrate is an issuing officer; and (d) the Commissioner is the relevant chief executive; and (e) each of the following is a relevant court: (i) the Federal Court; (ii) the Federal Circuit Court; (iii) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act. Person assisting (3) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1). 73ZG Use of equipment to examine or process things (1) This section applies if an authorised person exercises investigation powers under Part 3 of the Regulatory Powers Act in relation to premises entered under an investigation warrant for the purposes of this Act. Equipment may be brought to premises (2) The authorised person or a person assisting may bring to the premises any equipment reasonably necessary for the examination or processing of a thing found at the premises in order to determine whether the thing may be seized. Thing may be moved for examination or processing (3) A thing found at the premises may be moved to another place for examination or processing in order to determine whether the thing may be seized if: (a) both of the following apply: (i) 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; (ii) the authorised person or a person assisting suspects on reasonable grounds that the thing contains or constitutes evidential material; or (b) the occupier of the premises consents in writing. Notification of examination or processing and right to be present (4) If the thing is moved to another place for the purpose of examination or processing under subsection (3), the authorised person must, if it is practicable to do so: (a) 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 (b) allow the occupier or his or her representative to be present during the examination or processing. (5) The authorised person need not comply with paragraph (4)(a) or (b) if he or she believes on reasonable grounds that to do so might: (a) endanger the safety of a person; or (b) prejudice an investigation or prosecution. Time limit on moving the thing (6) The thing may be moved to another place for examination or processing for no longer than 14 days. (7) An authorised person may apply to an issuing officer for one or more extensions of that time if the authorised person believes on reasonable grounds that the thing cannot be examined or processed within 14 days or that time as previously extended. (8) The authorised person must give notice of the application to the occupier of the premises, and that person is entitled to be heard in relation to the application. (9) A single extension cannot exceed 7 days. Equipment at premises may be operated (10) An authorised person or a person assisting may operate equipment already at the premises to carry out the examination or processing of a thing found at the premises in order to determine whether it is a thing that may be seized if the authorised person or person assisting believes on reasonable grounds that: (a) the equipment is suitable for the examination or processing; and (b) the examination or processing can be carried out without damage to the equipment or the thing. 73ZH Use of electronic equipment at other place (1) This section applies if an authorised person exercises investigation powers under Part 3 of the Regulatory Powers Act in relation to premises for the purposes of this Act. (2) If electronic equipment is moved from the premises to another place under subsection 73ZG(3), the authorised person or a person assisting may operate the equipment to access data (including data held at another place). (3) If the authorised person or the person assisting suspects on reasonable grounds that any data accessed by operating the electronic equipment constitutes evidential material, he or she may copy any or all of the data accessed by operating the electronic equipment to a disk, tape or other associated device. (4) If the Commissioner is satisfied that the data is not required (or is no longer required) for the purposes of this Act or for other judicial or administrative review proceedings, the Commissioner must arrange for: (a) the removal of the data from any device in the control of the Commission; and (b) the destruction of any other reproduction of the data in the control of the Commission. (5) If the authorised person or the person assisting, after operating the equipment, finds that evidential material is accessible by doing so, he or she may: (a) seize the equipment and any disk, tape or other associated device; or (b) if the material can be put in documentary form—put the material in that form and seize the documents so produced. (6) An authorised person or a person assisting may seize equipment under paragraph (5)(a) only if: (a) 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 (b) possession of the equipment by the occupier of the premises could constitute an offence. 73ZI Person with knowledge of a computer or a computer system to assist access etc. (1) This section applies if an authorised person exercises investigation powers under Part 3 of the Regulatory Powers Act in relation to premises for the purposes of this Act. (2) The a