Commonwealth Numbered Acts Commonwealth Numbered ActsStatutory funding conditions
(1) This section sets out the statutory funding conditions that apply to a person:
(a) to whom money may be payable under an arrangement made under section 13; or
(b) who receives a grant of financial assistance made under section 13.
First condition--code of conduct
(2) The first statutory funding condition is the condition that the person complies with the code of conduct.
Note: For the code of conduct, see section 20.
Second condition--certificate of compliance
(3) The second statutory funding condition is the condition that, if the arrangement or grant is in relation to an eligible activity that is a regulated activity, the person:
(a) holds a certificate of compliance for the regulated activity; or
(b) is covered by a determination, in force under subsection 9(2), for the regulated activity and the day specified in the determination has not occurred.
Note: For certificates of compliance, see sections 21 and 22.
Third condition--complaints management and resolution system
(4) The third statutory funding condition is the condition that the person implements and maintains a complaints management and resolution system that:
(a) is appropriate for the size of the person and for the kinds of eligible activities to which the arrangement or grant relates; and
(b) acknowledges the role of advocates (including independent advocates), and other representatives, of people with disability; and
(c) provides for cooperation with, and facilitates arrangements for, those advocates, and other representatives, to support people with disability who:
(i) are affected by the complaints process; and
(ii) wish to be independently supported in that process by an advocate or other representative; and
(d) complies with the requirements (if any) prescribed by the rules for the purposes of this paragraph.
Fourth condition--incident management system
(5) The fourth statutory funding condition is the condition that the person implements and maintains an incident management system that:
(a) is appropriate for the size of the person and for the kinds of eligible activities to which the arrangement or grant relates; and
(b) complies with the requirements (if any) prescribed by the rules for the purposes of this paragraph.
Fifth condition--banning orders
(6) The fifth statutory funding condition is the condition that:
(a) the person is not subject to a banning order that is in force under section 73ZN of the NDIS Act; and
(b) none of the members of the key personnel of the person is subject to a banning order that is in force under section 73ZN of the NDIS Act; and
(c) if another person (the employee ), who is employed or otherwise engaged by the person, is subject to a banning order that is in force under section 73ZN of the NDIS Act in relation to activities, supports or services:
(i) the employee does not breach the banning order in engaging in those activities or providing those supports or services for, or on behalf of, the person; and
(ii) if the employee became subject to the banning order on or after the day the arrangement or grant is made--the person notifies the Secretary, in writing, of the banning order as soon as practicable after the banning order is made; and
(iii) if the employee became subject to the banning order before the day the arrangement or grant is made--the person notifies the Secretary, in writing, of the banning order as soon as practicable after the day the arrangement or grant is made.