(1) A registered NDIS provider must not engage, or continue to engage, a
person to carry out risk-assessed NDIS work unless the person holds an NDIS
clearance or interstate NDIS clearance.
Penalty—
Maximum penalty—
(a)
if an aggravating circumstance applies to the offence—200 penalty units or 2
years imprisonment; or
(b) otherwise—100 penalty units.
(2) It is an
"aggravating circumstance" for an offence against subsection (1) if the
registered NDIS provider has been given notice that—
(a) the person’s NDIS
clearance was cancelled on the person’s request under division 6 ; or
(b)
the person’s interstate NDIS clearance was cancelled on the person’s
request under a corresponding law.
(a) the person (a
"subcontractor" ) is engaged to carry out the risk-assessed NDIS work under a
contract for services between the provider and another person; and
(b) the
provider has complied with the NDIS (Worker Screening) Practice Standards in
relation to the subcontractor being engaged to carry out the
risk-assessed NDIS work for the provider.
