National Disability Insurance Scheme (NDIS Behaviour Support Practitioner Application) Amendment (Publication of Suitability) Guidelines 2022
I, Tracy Mackey, Commissioner of the NDIS Quality and Safeguards Commission, make the following amendment guidelines.
Dated 21 December 2022
Tracy Mackey
Commissioner of the NDIS Quality and Safeguards Commission
Contents
1 Name
2 Commencement
3 Authority
4 Schedules
Schedule 1—Amendments 2
National Disability Insurance Scheme (NDIS Behaviour Support Practitioner Application) Guidelines 2022 2
1 Name
This instrument is the National Disability Insurance Scheme (NDIS Behaviour Support Practitioner Application) Amendment (Publication of Suitability) Guidelines 2022.
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 | The day after this instrument is registered. | |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(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 subsection 181D(2) of the National Disability Insurance Scheme Act 2013.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
National Disability Insurance Scheme (NDIS Behaviour Support Practitioner Application) Guidelines 2020
1 Clause 9 – Publication of suitability
Repeal this clause.
Overview
The National Disability Insurance Scheme (NDIS Behaviour Support Practitioner Application) Amendment (Publication of Suitability) Guidelines 2022, issued by Tracy Mackey, the Commissioner of the NDIS Quality and Safeguards Commission, were enacted to amend the previously established guidelines concerning the application process for behaviour support practitioners under the NDIS. This legislative instrument was introduced to address the need for a more streamlined and transparent process for determining the suitability of applicants. The guidelines were formulated under the authority of subsection 181D(2) of the National Disability Insurance Scheme Act 2013, with the overarching aim of enhancing the quality and safeguards within the NDIS by ensuring that practitioners meet the requisite standards. The guidelines specifically focus on the removal of the clause that previously mandated the publication of suitability, thereby aiming to improve the efficiency and privacy of the application process.
Scope and Application
The National Disability Insurance Scheme (NDIS Behaviour Support Practitioner Application) Amendment (Publication of Suitability) Guidelines 2022 amends the 2020 guidelines to refine the process for assessing and communicating the suitability of applicants for registration as NDIS Behaviour Support Practitioners. These guidelines apply to individuals who seek to become NDIS Behaviour Support Practitioners and the entities responsible for the application process. The amendment specifically concerns the removal of the requirement to publish the suitability status of applicants, thereby affecting the transparency and public disclosure aspects of the practitioner application process. This legislative instrument operates within the Commonwealth jurisdiction, aligning with the overarching framework established by the National Disability Insurance Scheme Act 2013. The amendments made by this instrument directly affect the processes and criteria for suitability assessments as outlined in the original 2020 guidelines, without introducing any new exclusions, exemptions, or thresholds. The application of these guidelines is further shaped by any subordinate instruments that may be issued under the authority of the NDIS Act, potentially extending or restricting the scope of their application.
Key Provisions
The National Disability Insurance Scheme (NDIS Behaviour Support Practitioner Application) Amendment (Publication of Suitability) Guidelines 2022, issued under the authority of the National Disability Insurance Scheme Act 2013, aim to amend the existing guidelines regarding the application process for NDIS behaviour support practitioners. Specifically, these guidelines repeal Clause 9, which pertained to the publication of practitioner suitability (Schedule 1, item 1). This repeal effectively removes the requirement for the publication of practitioner suitability as part of the application process.
These guidelines impose obligations on entities and individuals involved in the application process for NDIS behaviour support practitioners. The repeal of Clause 9 means that applicants are no longer required to have their suitability publicly disclosed as part of the application process. This change may simplify the application procedure by removing a potentially burdensome step.
In terms of legal consequences, the Act does not explicitly mention specific offences, penalties, or consequences for non-compliance with these amended guidelines. However, non-compliance with NDIS regulations could potentially result in broader administrative or legal repercussions, as per the overarching provisions of the National Disability Insurance Scheme Act 2013. These could include actions taken by the NDIS Quality and Safeguards Commission to ensure compliance, although specific penalties are not detailed in these guidelines.
The guidelines underscore a shift in policy direction, reflecting perhaps a reassessment of the necessity and practicality of public disclosure in the application process for NDIS behaviour support practitioners. This amendment streamlines the application process, potentially facilitating a smoother pathway for practitioners to obtain the necessary approvals and commence their roles within the NDIS framework.