16.QUESTIONS ADDED 22/8/2016 16.1Can a potential Applicant applying to provide LAC Services de-register as a Registered Provider of Supports? If so, and the Applicant does this before the Closing Date and Time (being, 2:00pm on 8 September 2016), will the Applicant be eligible to apply to provide LAC Services under the NDIS Partners in the Community Program?
A person or an entity is a Registered Provider of Supports if the person or entity has been an approved by the NDIA's Chief Executive Officer (or delegate) as a Registered Provider of Supports under section 70 of the National Disability Insurance Scheme Act 2013 (NDIS Act).
The NDIS Act does not set out a specific process to "de-register" a Registered Provider of Supports under the Act. Once registered, a person or entity only ceases to be a Registered Provider of Supports if the approval by the NDIA either:
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ceases to have effect, because the approval itself stated that the person or entity would cease to be a Registered Provider of Supports on a specific date; or
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is revoked by the NDIA under the relevant provisions of the NDIS Act.
The NDIA has a specific business process for revoking a person or entity's approval in circumstances where the person or entity no longer wishes to continue as a Registered Provider of Supports. This business process is available on the NDIS website. If you have any queries regarding this business process, please contact alexandra.gunning@ndis.gov.au.
To be eligible to apply for the NDIS Partners in the Community Program to deliver LAC Services, an entity must not be a Registered Provider of Supports as at the Closing Time and Date (2:00 pm (AEST) on Thursday 8 September 2016). Accordingly, an organisation that is an existing Registered Provider of Supports (Registered Provider) will not be eligible to apply unless the NDIA has made a decision revoking the entity's approval as a Registered Provider before the Closing Time and Date. Registered Providers should note that a revocation decision may take effect from a later date (eg one month after the revocation decision) to facilitate the transition of Participants to other Registered Providers. The fact that a revocation decision made by the NDIA before the Closing Time and Date takes effect at some later time (including possibly after the Closing Time and Date) will not affect an Applicant's eligibility to submit an Application under the NDIS Partners in the Community Program.
Where an organisation requests that the NDIA consider revoking its approval as a Registered Provider in accordance with the business process, the NDIA will deal with the request within the timeframes outlined in the business process. Registered Providers should note that the revocation process involves various steps, and it is important for them to complete each relevant step promptly. To assist the NDIA in managing the revocation process, the NDIA requests that any Registered Provider who is considering submitting an Application under the NDIS Partners in the Community Program brings this to the NDIA's attention at the time it requests that the NDIA consider revoking its approval as a Registered Provider in accordance with the business process.
Please note the Closing Date and Time have been amended to 2:00 pm (AEST) on Thursday 22 September 2016. Further information relevant to this question can be found in question 14.
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