Section 73B — National Disability Insurance Scheme Act 2013: Requirement to be a registered NDIS provider

Requirement to be a registered NDIS provider (1) The National Disability Insurance Scheme rules may require that specified classes of supports provided under participants’ plans are to be provided only by persons who are registered under section 73E to provide those classes of supports. Note: See also subsections 32D(7) and 33(6), which provide that, if the funding for supports under a plan is managed by the Agency, supports are to be provided only by a registered NDIS provider. Failing to comply with requirement to be registered (2) A person (the first person) contravenes this subsection if: (a) the first person provides a support to another person; and (b) the support is provided under a participant’s plan; and (c) the National Disability Insurance Scheme rules require the first person to be registered to provide the support under the plan; and (d) the first person is not so registered. Unregistered persons holding themselves out as being registered (3) A person contravenes this subsection if: (a) the person holds themselves out as being able to provide a support under a participant’s plan; and (b) the National Disability Insurance Scheme rules require the person to be registered to provide the support under the plan; and (c) the person is not so registered. Fault-based offence (4) A person commits an offence if the person contravenes subsection (2) or (3). Absolute liability applies to the physical elements in paragraphs (2)(c) and (3)(b). Penalty: Imprisonment for 2 years or 120 penalty units, or both. Strict liability offence (5) A person commits an offence of strict liability if the person contravenes subsection (2) or (3). Penalty: 60 penalty units. Civil penalty (6) A person is liable to a civil penalty if the person contravenes subsection (2) or (3). Civil penalty: (a) for a serious contravention by an NDIS provider—10,000 penalty units; or (b) in any other case—250 penalty units.