Part 1—Preliminary
1 Name
This instrument is the National Disability Insurance Scheme (Quality and Safeguards Commission and Other Measures) Transitional Rules 2018.
2 Commencement
(1) Each provision of this instrument 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. The whole of this instrument | 1 July 2018. | 1 July 2018 |
Note: This table relates only to the provisions of these Rules as originally made. It will not be amended to deal with any later amendments of these Rules.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under item 81 of Schedule 1 to the National Disability Insurance Scheme Amendment (Quality and Safeguards Commission and Other Measures) Act 2017.
4 Definitions
(1) In this instrument:
Act means the National Disability Insurance Scheme Act 2013.
transitioned provider: see subsection 7(4).
(2) Other expressions that are used in the Act have the same meaning, when used in this instrument, as in the Act.
Part 2—Transitioning applicants and providers in participating jurisdictions
5 Purpose of this Part
This Part is made for the purposes of item 81 of Schedule 1 to the National Disability Insurance Scheme Amendment (Quality and Safeguards Commission and Other Measures) Act 2017.
6 Applications for registration pending at transition time are taken to have been refused
(1) This section sets out what happens to an application to be a registered provider of supports under section 69 of the Act if:
(a) the host jurisdiction in which the supports will be provided, or the funding for supports will be managed, becomes a participating jurisdiction at a particular time (the transition time); and
(b) the application is pending at the transition time.
Note: For the meaning of host jurisdiction, see section 10 of the Act, and for the meaning of participating jurisdiction, see section 10A of the Act.
(2) To the extent that the application is for either or both of the following:
(a) managing the funding of supports under plans for participants in the participating jurisdiction;
(b) the provision of supports to participants in the participating jurisdiction;
the application is taken, immediately after the transition time, to have been refused by the CEO.
(3) To the extent that the application is not covered by subsection (2), the application may continue to be dealt with under the Act.
7 Transitioning registered providers of supports
Providers to whom this section applies
(1) This section applies to a person or entity if:
(a) at a particular time (the transition time), the person or entity is approved, as a registered provider of supports, to do either or both of the following:
(i) manage the funding for supports under a participant’s plan;
(ii) provide supports to a participant; and
(b) at the transition time, the host jurisdiction in which the participant lives becomes a participating jurisdiction.
Note: For the meaning of host jurisdiction, see section 10 of the Act, and for the meaning of participating jurisdiction, see section 10A of the Act.
Transition of registered providers of supports to registered NDIS providers
(2) Immediately after the transition time:
(a) the person or entity ceases to be a registered provider of supports to participants in the participating jurisdiction; and
(b) the Commissioner is taken to have decided to register the person or entity as a registered NDIS provider under section 73E of the Act in the participating jurisdiction in relation to:
(i) managing the funding for supports under plans that the person or entity was, immediately before the transition time, approved to manage; and
(ii) each class of supports in respect of which the person or entity was, immediately before the transition time, approved to provide; and
(iii) each class of persons in respect of which the approval, immediately before the transition time, applied.
Note: The Commissioner must give a certificate of registration to the provider (see paragraph 73E(4)(b) of the Act). The certificate must specify the period for which the registration is in force (see paragraph 73E(5)(e) of the Act).
(3) Subsection 73E(4) of the Act applies to the decision as if paragraph (a) of that subsection were omitted.
Note: This means that the Commissioner is not required to give written notice of the decision to register, nor to provide reasons for the decision.
(4) A person or entity who is a registered NDIS provider under the Act because of paragraph (2)(b) of this section is a transitioned provider.
(5) To avoid doubt, the person or entity ceases to be a transitioned provider if:
(a) the person or entity makes an application under section 73C of the Act and the Commissioner makes a decision under section 73E of the Act to register, or not to register, the person or entity as a registered NDIS provider; or
(b) the registration of the provider is revoked under section 73P of the Act; or
(c) unless section 73K of the Act applies—the period specified for the purposes of paragraph 73E(5)(e) of the Act expires.
Act applies to transitioned providers, subject to modifications
(6) The Act applies in relation to a transitioned provider, subject to the modifications in section 9.
Registration in other jurisdictions not affected
(7) To avoid doubt, this section does not affect the continuity, on and after the transition time, of the registration of a transitioned provider as a registered provider of supports to participants other than in a participating jurisdiction.
8 Modifications—matter that must be included in a participant’s plan
(1) This section applies if:
(a) at a particular time (the transition time), the funding for supports under a participant’s plan is managed by the Agency; and
(b) the participant is being provided with the supports in a participating jurisdiction at the transition time.
(2) For the purposes of subsection 33(6) of the Act, as inserted by item 17 of Schedule 1 to the National Disability Insurance Scheme Amendment (Quality and Safeguards Commission and Other Measures) Act 2017, the participant’s plan is taken, on and after the transition time, to provide that the supports are to be provided only by a registered NDIS provider.
9 Modifications—applications and review of decisions
(1) Paragraphs 73N(1)(b) and 73P(1)(b) of the Act, as inserted by item 48 of Schedule 1 to the National Disability Insurance Scheme Amendment (Quality and Safeguards Commission and Other Measures) Act 2017, have effect in relation to a transitioned provider as if the application made by the provider to the CEO under section 69 of the Act were an application made to the Commissioner under section 73C of the Act.
(2) The following decisions of the Commissioner are not reviewable decisions under the Act:
(a) a decision under section 73G of the Act to impose conditions on the registration of a transitioned provider;
(b) a decision under section 73L of the Act to vary, or refuse to vary, the registration of a transitioned provider.
10 NDIS Provider Register
If the Agency held information in relation to a provider at the time the provider became a transitioned provider, the Agency may disclose the information to the Commissioner for the purposes of establishing and maintaining the NDIS Provider Register.