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NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 73N

Suspension of registration

Suspension on Commissioner's own initiative

             (1)  The Commissioner may, in writing, suspend the registration of a person as a registered NDIS provider for a specified period if:

                     (a)  the Commissioner reasonably believes that the person has contravened, is contravening, or is proposing to contravene, this Act; or

                     (b)  the Commissioner reasonably believes that the application for registration by the person contained information that was false or misleading in a material particular; or

                     (c)  the person is an insolvent under administration; or

                     (d)  the Commissioner is satisfied that the person is no longer suitable to provide the 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; or

                     (e)  the Commissioner is no longer satisfied that the key personnel of the person (if any) are suitable to be involved in the provision of 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; or

                      (f)  a circumstance exists that is a circumstance prescribed by National Disability Insurance Scheme rules for the purposes of this paragraph.

             (2)  The period specified under subsection (1) must not be longer than 30 days.

             (3)  To avoid doubt, subsection (2) does not prevent the Commissioner suspending the registration of a person as a registered provider more than once.

             (4)  In deciding whether to suspend the registration of a person under subsection (1), the Commissioner must have regard to the following matters:

                     (a)  the nature, significance and persistence of any contravention, or proposed contravention, of this Act;

                     (b)  action that can be taken to address any contravention, or proposed contravention, of this Act;

                     (c)  the extent (if any) to which the person is conducting its affairs as a registered NDIS provider in a way that may cause harm to, or jeopardise, public trust in the National Disability Insurance Scheme;

                     (d)  the health, safety or wellbeing of people with disability receiving supports or services from the person;

                     (e)  any other matter the Commissioner considers relevant.

             (5)  If the registration of a person is suspended under subsection (1), the Commissioner must give the person written notice of the suspension and the reasons for the suspension.

Suspension at the request of registered NDIS provider

             (6)  The Commissioner may, in writing, suspend the registration of a person as a registered NDIS provider for a specified period if the person requests the Commissioner, in writing, to suspend the registration.

Effect of suspension

             (7)  If the registration of a person is suspended under this section, the registration ceases to have effect until the suspension ceases to be in force.



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