One of the essential aspects of NDIS provider registration is understanding and complying with Section 11A of the National Disability Insurance Scheme Act 2013, which defines key personnel and outlines the responsibilities associated with them. In this blog, we will break down Section 11A and provide insights to help new NDIS providers navigate this critical aspect of the registration process.
Defining ‘Key Personnel’
Section 11A of the NDIS Act lays out the definition of key personnel of a person or entity that seeks to become an NDIS provider. Key personnel are individuals who play a significant role in the decision-making and operation of the organisation. Specifically, they are defined as:
Members of the Group Responsible for Executive Decisions
This category includes individuals who are part of the group responsible for making executive decisions within the organisation.Individuals with Authority or Responsibility
Key personnel can also be individuals who have authority, responsibility, or significant influence over planning, directing, or controlling the activities of the organisation.
It’s important to note that key personnel are not limited to specific roles but can encompass various positions within the organisation. This may include the CEO, executive staff members, managers, and all members of the board of directors. As a new NDIS provider, it is your responsibility to identify and inform the NDIS Commission about all individuals who qualify as key personnel when applying for registration or renewing your registration.
Registered NDIS Providers’ Responsibilities
Once you have successfully registered as an NDIS provider, your responsibilities related to key personnel continue. You are required to keep the NDIS Commission informed about your key personnel’s information and contact details, ensuring they are up-to-date at all times. This can be done through the NDIS Commission Portal, which offers helpful quick reference guides to assist you in accessing and navigating the portal efficiently.
In addition to maintaining accurate information, there are specific instances where you must inform the NDIS Commission:
Changes in Key Personnel
Any change in key personnel, such as appointments or departures, must be promptly reported to the NDIS Commission.Significant Organizational or Governance Changes
If your business undergoes significant changes in its structure or governance arrangements, it is vital to inform the NDIS Commission.Events Affecting Key Personnel Suitability
Should any event occur that raises concerns about the suitability of your key personnel, this must also be reported to the NDIS Commission.
Compliance with these reporting requirements is crucial to maintaining your NDIS provider registration and ensuring transparency and accountability in the NDIS ecosystem.
Stay informed, keep your key personnel information up-to-date, and promptly report any changes or concerns to the NDIS Commission to maintain your status as a registered NDIS provider.
