NRSCH process for review

1. A provider making an application for registration to the Registrar will have its constitution  reviewed as part of the registration process.
2. A regulatory staff member with appropriate delegation will review the constitution and make  recommendations as to the validity of the winding up provision, in accordance with section 15(2)(c) of the National Law.
   
3. The reviewing officer must have regard to the complete constitution to ensure that as a whole it is consistent with section 15(2)(c) of the National Law and there are no other clauses which undermine the validity of the winding up provision. Funding clauses must be reviewed to ensure that they do not unduly restrict funding sources. This is a problem with certain incorporated associations under the Associations Incorporations Act 2009 (NSW).
4. The final decision on the clause’s validity will be made by the Registrar.
   

A Registrar may choose to seek legal advice.