Do we need to notify the NDIS Commission of a new key person?

• Joining or leaving? (joining, leaving)
• Which position? (board member, CEO or executive, clinical lead, person with significant influence)
• Aged care residential or nursing and transition care: does the board composition change?

Each has not sure: a line resting on it stays, as a question.

A date, a label of your own (a site, a role, a service, never a person's name), the date you became aware, and often a status or an owner. Paste it as it is: the type column reads words such as “key personnel”, “key person”, “responsible person”, “board”, “board member” and “director”. The answers go in one cell as key=value pairs.

Aged Care Quality Standards

• ACQS Rules s 15-15(4): The governing body stays accountable and maintains oversight through the change.
  evidence to keepBoard minute recording the change and who holds oversight duties.
• ACQS Rules s 15-30(2): Clinical governance sits inside corporate governance; a change of clinical lead changes who carries it. (when: the clinical lead)
  evidence to keepClinical governance chart naming who holds the clinical lead duties from the change date.

Aged Care Act 2024

• Aged Care Act s 167 and Rules 167-5 to 167-70: A change of responsible persons is a prescribed change in circumstances.
  evidence to keepChange-of-circumstances entry for the key person: date aware, date lodged.
• Aged Care Act s 172 and Rules 172-10: Section 172 requires the suitability matters to be considered for each responsible person at least once every 12 months, with the outcome and reasons recorded. Considering an incoming person before they start is practice the clause does not itself set. (when: joining)
  evidence to keepSuitability assessment for the incoming the key person: matters considered, outcome, reasons, date.
• Aged Care Act s 169: A responsible person must tell the provider of suitability changes within 14 days; the incoming person should know the duty. (when: joining)
  evidence to keepSigned acknowledgement of the s 169 duty by the incoming the key person.
• Aged Care Act s 180: A responsible person with executive or significant influence owes due diligence. (when: joining)
  evidence to keepInduction record for the incoming the key person on the Act and the provider services.
• Aged Care Act s 152(1)(a) and (b): Responsible persons must meet the worker screening requirements. (when: joining)
  evidence to keepClearance or police certificate for the incoming the key person, with who verified it.
• Aged Care Act s 157: Section 157 binds a non-government provider in the nursing and transition care or residential care categories: a majority of independent non-executive members and at least one with clinical care experience, unless the board has fewer than five members and the provider serves fewer than 40 individuals, or a s 159 determination applies. (when: Aged care residential or nursing and transition care: does the board composition change)
  evidence to keepBoard register after the change, showing independence and clinical experience.
• Aged Care Act s 145 and Rules 14-5: A responsible person must comply with the Aged Care Code of Conduct. (when: joining)
  evidence to keepCode of Conduct acknowledgement signed by the incoming the key person.

NDIS Practice Standards

• NDIS Practice Standards Core 9.6: Management must be suitably qualified with defined responsibility and accountability.
  evidence to keepRole statement and qualifications for the key person.
• NDIS Practice Standards Core 9.7: A documented delegation covers the absence of the usual position holder. (when: leaving)
  evidence to keepDelegation record naming who acts in the key person from the leaving date.
• NDIS Practice Standards Core 9.3: Governing body skills are identified and gaps trained. (when: a board member)
  evidence to keepBoard skills matrix updated after the change.
• NDIS Practice Standards Core 9.8: Conflicts of interest of the incoming or changed person are identified and documented.
  evidence to keepConflict of interest declaration for the key person.
• NDIS Practice Standards Core 9.5: The governing body monitors management performance through the handover. (when: leaving)
  evidence to keepBoard minute on the handover and the interim arrangement.

NDIS Provider Registration Rules

• Registration Rules Rules s 13A: Rules s 13A covers a significant change in organisation or governance and events bearing on key personnel suitability. Whether this change of key personnel is one of those is your judgement; the held text ties the notice to the earlier of becoming aware and its occurring.
  evidence to keepNotification of changes and events entry for the key person: date, portal reference.
• Registration Rules Rules ss 9 and 10: Key personnel must be suitable and stay suitable. (when: joining)
  evidence to keepSuitability declaration and checks for the incoming the key person.
• Registration Rules s 73ZNA and s 73U(5A): The banning order list is checked before engaging key personnel. (when: joining)
  evidence to keepBanning order search result for the incoming the key person, dated.

NDIS Worker Screening Rules

• Worker Screening Rules s 13(a): Key personnel roles are risk assessed roles that need a current clearance. (when: joining)
  evidence to keepClearance number and expiry for the incoming the key person.

Check one changeSee the specimen registerThe one-page sample register