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DISABILITY SERVICES ACT 2006 - SECT 54 Carrying out risk-assessed NDIS work without NDIS clearance or interstate NDIS clearance prohibited

DISABILITY SERVICES ACT 2006 - SECT 54

Carrying out risk-assessed NDIS work without NDIS clearance or interstate NDIS clearance prohibited

54 Carrying out risk-assessed NDIS work without NDIS clearance or interstate NDIS clearance prohibited

(1) A person must not start, or continue, an engagement to carry out risk-assessed NDIS work for a registered NDIS provider unless the person holds an NDIS clearance or interstate NDIS clearance.
Penalty—
Maximum penalty—
(a) if an aggravating circumstance applies to the offence—500 penalty units or 5 years imprisonment; or
(b) otherwise—100 penalty units.
(2) A person who is a registered NDIS provider must not carry out risk-assessed NDIS work as an NDIS sole trader unless the person holds an NDIS clearance or interstate NDIS clearance.
Penalty—
Maximum penalty—500 penalty units or 5 years imprisonment.
(3) It is an
"aggravating circumstance" for an offence against subsection (1) if the person—
(a) held an NDIS clearance that was cancelled on the person’s request under division 6 ; or
(b) held an interstate NDIS clearance that was cancelled on the person’s request under a corresponding law; or
(c) is a disqualified person; or
(d) holds a negative notice under the Working with Children Act ; or
(e) is subject to—
(i) offender reporting obligations; or
(ii) an offender prohibition order; or
(iii) an offender prohibition disqualification order; or
(iv) a sexual offender order; or
(f) is the respondent to an application for an offender prohibition order.