National Disability Insurance Scheme Act 2013

The Commissioner may register a person as a registered NDIS provider if:

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

A person may be registered in respect of one or more of the following:

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.

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.

Under subsection 73ZN(3), a banning order may be of general or limited application.

The Commissioner must:

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.

A certificate of registration must specify:

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 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).

A determination made under paragraph (5)(f) is not a legislative instrument.