NDIS Provider Registration Rules
Becoming registered (Rules Part 3, Act ss 73C to 73E)
s9-10 9 and 10 Provider and key personnel suitability maintained
Clause and reference Rules ss 9 and 10 of the NDIS (Provider Registration and Practice Standards) Rules 2018 · our reference s9-10
The requirement
The Commissioner registers only an applicant who is suitable, and whose key personnel are suitable, having regard to prior registration, any banning order, convictions for indictable offences (subject to the spent convictions scheme), insolvency or Chapter 5 administration, adverse findings or enforcement action by government regulators (including disability, aged care and child regulators, ASIC, ACNC, ACCC, APRA, the Australian Crime Commission, AUSTRAC and WHS regulators), findings or pending proceedings about fraud, misrepresentation or dishonesty, and disqualification from managing corporations. Suitability must continue: loss of it is a ground to suspend or revoke (ss 73N(1)(d) and (e), 73P(1)(d) and (e)). The provider therefore screens its key personnel against these matters before appointment and keeps the declarations current.
Our wording of the requirement: our statement of what the clause asks, not the instrument verbatim. Source: NDIS Provider Registration Rules on the compliance desk.
The evidence to bring
- Key personnel register with suitability declarations covering each s 10(2) matter
- Checks of the NDIS banning order register, ASIC banned and disqualified register and insolvency index for each key person
- Board procedure for assessing suitability before a new key personnel appointment
What assessors commonly find
- New directors appointed without suitability checks
- Declarations collected once at initial registration and never refreshed
What evidence do I need?
For s9-10 9 and 10 Provider and key personnel suitability maintained, the evidence to bring is: Key personnel register with suitability declarations covering each s 10(2) matter; Checks of the NDIS banning order register, ASIC banned and disqualified register and insolvency index for each key person. Keep every record dated, signed and current, and name who owns it.
Answer the reviewer first
Show me key personnel register with suitability declarations covering each s 10(2) matter, and tell me who owns it and when it was last reviewed.
That is the question a quality assessor opens with for this requirement. Have the record on the desk and the date it was last reviewed to hand.
Read your own evidence against this clause
Paste your policy or evidence pack and the reading marks, line by line, whether a phrase from this requirement appears and quotes your own words when it does. It is a reading of your text, not a compliance result; a quality assessor decides whether a requirement is met. Read your pack, free See the paid reading