NATIONAL DISABILITY INSURANCE SCHEME ACT 2013

Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

NATIONAL DISABILITY INSURANCE SCHEME ACT 2013

TABLE OF PROVISIONS

Long Title

CHAPTER 1--Introduction

PART 1--PRELIMINARY

1. Short title
2. Commencement

PART 2--OBJECTS--AND PRINCIPLES

3. Objects of Act
4. General principles guiding actions under this Act
5. General principles guiding actions of people who may do acts or things on behalf of others
6. Agency may provide support and assistance
7. Provision of notice, approved form or information under this Act etc.

PART 3--SIMPLIFIED--OUTLINE

8. Simplified outline

PART 4--DEFINITIONS

9. Definitions
9A. Approved forms
10. Definition of NDIS support
10B. Definition of NDIS worker screening law
11. Definitions relating to compensation
11A. Definition of key personnel

PART 5--MINISTERIAL--COUNCIL

12. Ministerial Council functions etc.

CHAPTER 2--Assistance for people with disability and others

13. Agency may provide coordination, strategic and referral services etc. to people with disability
14. Agency may provide funding to persons or entities
15. Agency may provide information
16. Agency may assist in relation to doing things under Chapter
17. National Disability Insurance Scheme rules

CHAPTER 3--Participants and their plans

PART 1A--PRINCIPLES

17A. Principles relating to the participation of people with disability

PART 1--BECOMING--A PARTICIPANT

18. Person may make a request to become a participant
19. Matters relating to access requests
20. CEO must consider and decide access requests
21. When a person meets the access criteria
22. Age requirements
23. Residence requirements
24. Disability requirements
25. Early intervention requirements
26. Requests that the CEO may make
27. National Disability Insurance Scheme rules relating to disability requirements and early intervention requirements
28. When a person becomes a participant
29. When a person ceases to be a participant
30. Revocation of participant status
30A. Requirement to consider status of certain participants

PART 2--PARTICIPANTS----PLANS

Division 1--Principles relating to plans

31. Principles relating to plans

Division 2--Preparing participants' plans

Subdivision A--Facilitating preparation of participants' plans

32. CEO must facilitate preparation of participant's plan
32A. Kinds of plans
32B. Participants that are to have new framework plans
32BA. Notice of impairments

Subdivision B--Content of new framework plans

32C. Application of this Subdivision
32D. Matters that must be included in a participant's plan
32E. Reasonable and necessary budget--entitlement to flexible funding or stated supports
32F. Reasonable and necessary budget--flexible funding
32G. Reasonable and necessary budget--stated supports
32H. Reasonable and necessary budget--requirements relating to acquisition or provision of supports
32J. Reasonable and necessary budget--National Disability Insurance Scheme rules
32K. Reasonable and necessary budget--working out total funding amounts
32L. Assessment of participant's need for supports

Subdivision C--Content of old framework plans

32M. Application of this Subdivision
33. Matters that must be included in a participant's plan
34. Reasonable and necessary supports
35. National Disability Insurance Scheme rules for statement of participant supports

Subdivision D--Information and reports

36. Requesting information and reports

Subdivision E--When a plan is in effect etc.

37. When plan is in effect
38. Copy of plan to be provided
39. Agency must comply with the statement of participant supports
40. Effect of temporary absence on plans
41. Suspension of plans

Division 3--Managing the funding for supports under participants' plans

42. Meaning of managing the funding for supports under a participant's plan
43. Choice for the participant in relation to plan management
44. Circumstances in which persons must not manage funding
45. Payment of amounts payable under the National Disability Insurance Scheme--general
45A. Payment of amounts payable under the National Disability Insurance Scheme--need for a claim
46. Acquittal of NDIS amounts
46A. Protection of NDIS amounts
46B. Garnishee orders

Division 4--Varying and replacing participants' plans

47. Variation of participant's plan--change of participant's statement of goals and aspirations
47A. Variation of participant's plan on request of participant or CEO's own initiative
48. Reassessment of participant's plan on request of participant or CEO's own initiative
49. Reassessment of participant's plan before plan's reassessment date
49A. Reassessment of participant's plan in circumstances specified in plan
49B. No reassessment of old framework plan if participant to have new framework plans
50. Information and reports for the purposes of varying or reassessing a participant's plan

CHAPTER 4--Administration

PART 1--GENERAL--MATTERS

Division 1--Participants and prospective participants

50J. CEO to comply with requirements in relation to prospective participants or participants
51. Requirement to notify change of circumstances
52. Requirements relating to notices
53. Power to obtain information from participants and prospective participants to ensure the integrity of the National Disability Insurance Scheme
54. Written notice of requirement

Division 2--Other persons

55. Power of CEO to obtain information from other persons to ensure the integrity of the National Disability Insurance Scheme
55A. Power of Commissioner to obtain information from other persons to ensure the integrity of the National Disability Insurance Scheme etc.
56. Written notice of requirement
57. Offence--refusal or failure to comply with requirement

Division 3--Interaction with other laws

58. Obligations not affected by State or Territory laws
59. Interaction with Commonwealth laws

PART 2--PRIVACY

Division 1--Information held by the Agency

60. Protection of information held by the Agency etc.
62. Offence--unauthorised use or disclosure of protected Agency information
63. Offence--soliciting disclosure of protected Agency information
64. Offence--offering to supply protected Agency information
66. Disclosure of information by CEO
67. National Disability Insurance Scheme rules for exercise of CEO's disclosure powers

Division 2--Information held by the Commission

67A. Protection of information held by the Commission etc.
67B. Offence--unauthorised use or disclosure of protected Commission information
67C. Offence--soliciting disclosure of protected Commission information
67D. Offence--offering to supply protected Commission information
67E. Disclosure of information by Commissioner
67F. National Disability Insurance Scheme rules for exercise of Commissioner's disclosure powers

Division 3--Information generally

67G. Protection of certain documents etc. from production to court etc.
67H. Part does not affect the operation of the Freedom of Information Act 1982

PART 3A--NDIS--PROVIDERS

Division 2--Registered NDIS providers

73B. Requirement to be a registered NDIS provider
73C. Application to be a registered NDIS provider
73D. False or misleading information or documents in application
73E. Registration as a registered NDIS provider
73F. Registration is subject to conditions
73G. Conditions specified in certificate of registration
73H. Conditions determined by NDIS rules
73J. Registered NDIS providers must comply with conditions of registration
73K. Extension of period for which registration is in force
73L. Variation of registration
73M. Application for variation of registration
73N. Suspension of registration
73P. Revocation of registration
73Q. Record keeping by registered NDIS providers
73R. Record keeping by former registered NDIS providers
73S. Grants of financial assistance in relation to registration

Division 3--Quality assurance

73T. NDIS Practice Standards
73U. Approved quality auditors

Division 4--NDIS Code of Conduct

73V. NDIS Code of Conduct

Division 5--Complaints management and resolution

73W. Complaints management and resolution system--registered NDIS providers
73X. Arrangements relating to the management and resolution of complaints

Division 6--Incident management--registered NDIS providers

73Y. Incident management system
73Z. Reportable incidents

Division 7--Protection of disclosers

73ZA. Disclosures qualifying for protection
73ZB. Disclosure that qualifies for protection not actionable etc.
73ZC. Victimisation prohibited
73ZD. Right to compensation

Division 8--Compliance and enforcement

73ZE. Monitoring powers
73ZF. Investigation powers
73ZG. Use of equipment to examine or process things
73ZH. Use of electronic equipment at other place
73ZI. Person with knowledge of a computer or a computer system to assist access etc.
73ZJ. Compensation for damage to electronic equipment
73ZK. Civil penalty provisions
73ZL. Infringement notices
73ZM. Compliance notices
73ZN. Banning orders
73ZO. Variation or revocation of banning orders
73ZP. Enforceable undertakings
73ZQ. Injunctions
73ZR. Appointment of inspectors and investigators

Division 9--NDIS Provider Register

73ZS. NDIS Provider Register

PART 4--CHILDREN

74. Children
75. Definition of parental responsibility
76. Duty to children
77. Revocation of determinations under section 74

PART 5--NOMINEES

Division 1--Functions and responsibilities of nominees

78. Actions of plan nominee on behalf of participant
79. Actions of correspondence nominee on behalf of participant
80. Duties of nominees to participant etc.
81. Giving of notices to correspondence nominee
82. Compliance by correspondence nominee
83. Nominee to inform Agency of matters affecting ability to act as nominee
84. Statement by plan nominee regarding disposal of money
85. Right of nominee to attend with participant

Division 2--Appointment and cancellation or suspension of appointment

86. Appointment of plan nominee
87. Appointment of correspondence nominee
88. Provisions relating to appointments
89. Circumstances in which the CEO must cancel appointment of nominees
90. General circumstances in which CEO may cancel or suspend appointment of nominees
91. Suspension etc. of appointment of nominees in cases of physical, mental or financial harm
92. Other matters relating to cancellation or suspension of appointment
93. National Disability Insurance Scheme rules may prescribe requirements etc.
94. CEO's powers of revocation

Division 3--Other matters relating to nominees

95. CEO's powers to give notices to participant
96. Notification of nominee where notice is given to participant
97. Protection of participant against liability for actions of nominee
98. Protection of nominee against criminal liability

PART 6--REVIEW--OF DECISIONS

99. Reviewable decisions and decision - makers
100. Review of reviewable decisions
101. Effect of later decisions before review completed
102. Withdrawal of request for review
103. Applications to the Administrative Review Tribunal

CHAPTER 5--Compensation payments

PART 1--REQUIREMENT--TO TAKE ACTION TO OBTAIN COMPENSATION

104. CEO may require person to take action to obtain compensation
105. Consequences of failure to comply with a requirement to take action to obtain compensation
105A. Matters relating to claims etc. by CEO
105B. Recovery of amounts relating to claims etc. by CEO

PART 2--AGENCY--MAY RECOVER COMPENSATION FIXED AFTER NDIS AMOUNTS HAVE BEEN PAID

106. Recovering past NDIS amounts from certain judgements
107. Recovering past NDIS amounts from consent judgements and settlements
108. Debts resulting from section 106 or 107

PART 3--RECOVERY--FROM COMPENSATION PAYERS AND INSURERS

109. CEO may send preliminary notice to potential compensation payer or insurer
110. Offence--potential compensation payer or insurer
111. CEO may send recovery notice to compensation payer or insurer
112. Preliminary notice or recovery notice suspends liability to pay compensation
113. Compensation payer's or insurer's payment to Agency discharges liability to participant
114. Offence--making compensation payment after receiving preliminary notice or recovery notice
115. Liability to pay the Agency if there is a contravention of section 114

PART 4--CEO--MAY DISREGARD CERTAIN PAYMENTS

116. CEO may disregard certain payments

CHAPTER 6--National Disability Insurance Agency

PART 1--NATIONAL--DISABILITY INSURANCE AGENCY

117. National Disability Insurance Agency
118. Functions of the Agency
119. Powers of the Agency
120. Charging of fees
121. Minister may give directions to the Agency
122. Agency does not have privileges and immunities of the Crown

PART 2--BOARD--OF THE AGENCY

Division 1--Establishment and functions

123. Board of the National Disability Insurance Agency
124. Functions of the Board
125. Minister may give the Board a statement setting out strategic guidance for the Agency
125A. Matters to be considered in performing functions
125B. Rules about management of risk and performance of Board's functions

Division 2--Members of the Board

126. Membership
127. Appointment of Board members
128. Term of appointment
129. Acting appointments
130. Remuneration and allowances
131. Leave of absence
132. Outside employment
133. Resignation of Board members
134. Termination of appointment of Board members
135. Other terms and conditions of Board members

Division 3--Meetings of the Board

136. Convening meetings
137. Presiding at meetings
138. Quorum
139. Voting at meetings
140. Conduct of meetings
141. Minutes
142. Decisions without meetings

PART 3--INDEPENDENT--ADVISORY COUNCIL

Division 1--Establishment and function

143. Establishment
144. Function of the Advisory Council
145. Advice of the Advisory Council

Division 2--Members of the Advisory Council

146. Membership
147. Appointment of members of the Advisory Council
148. Term of appointment
149. Acting appointments
150. Remuneration and allowances
151. Leave of absence
152. Disclosure of interests to the Minister
153. Disclosure of interests to the Advisory Council
154. Resignation of members of the Advisory Council
155. Termination of appointment of members of the Advisory Council
156. Other terms and conditions of members of the Advisory Council

Division 3--Procedures of the Advisory Council

157. Procedures of the Advisory Council

PART 4--CHIEF--EXECUTIVE OFFICER AND STAFF ETC.

Division 1--Chief Executive Officer

158. Establishment
159. Functions of the CEO
160. Appointment of the CEO
161. Acting appointments
162. Remuneration and allowances
163. Leave of absence
164. Outside employment
165. Disclosure of interests
166. Resignation of the CEO
167. Termination of appointment of the CEO
168. Other terms and conditions of the CEO

Division 2--Staff etc.

169. Staff
170. Services of other persons to be made available to the Agency
171. Consultants

PART 5--REPORTING--AND PLANNING

Division 1--Reporting

Subdivision A--Reporting by Board members

172. Annual report
173. Giving certain information to the Ministerial Council
174. Quarterly report to the Ministerial Council

Subdivision B--Reporting by the Agency

175. Giving information requested by Commonwealth, State or Territory Ministers
175A. Monthly summary of statistics

Subdivision C--Reporting by the Minister

176. Giving certain information to the Ministerial Council

Division 2--Planning

177. Corporate plan

PART 6--FINANCE

178. Payments to the Agency by the Commonwealth
179. Payments to the Agency by the host jurisdictions
180. Application of money by the Agency

PART 6A--ACTUARIAL--ASSESSMENT OF FINANCIAL SUSTAINABILITY

Division 1--Scheme actuary and annual financial sustainability report

180A. Nomination of scheme actuary
180B. Duties of scheme actuary
180C. Rules for performance of scheme actuary's duties

Division 2--Reviewing actuary

180D. Nomination of reviewing actuary
180E. Duties of reviewing actuary

Division 3--Assistance of scheme actuary and reviewing actuary

180F. Agency to assist scheme actuary and reviewing actuary

PART 7--MISCELLANEOUS

181. Taxation

CHAPTER 6A--NDIS Quality and Safeguards Commission

PART 1--COMMISSION--ESTABLISHMENT AND FUNCTIONS

181A. Establishment of the Commission
181B. Commission's functions

PART 2--NDIS--QUALITY AND SAFEGUARDS COMMISSIONER

181C. Commissioner
181D. Commissioner's functions and powers
181E. Commissioner's core functions
181F. Commissioner's registration and reportable incident functions
181G. Commissioner's complaints functions
181H. Commissioner's behaviour support function
181J. Charging of fees by Commissioner
181K. Minister may give directions to the Commissioner
181L. Appointment of the Commissioner
181M. Acting appointments
181N. Remuneration and allowances
181P. Leave of absence
181Q. Outside employment
181R. Other terms and conditions
181S. Resignation
181T. Termination of appointment

PART 3--STAFF--ETC. OF THE COMMISSION

181U. Staff of the Commission
181V. Consultants
181W. Persons assisting the Commissioner

CHAPTER 6B--NDIS worker screening database

181X. Simplified outline of this Chapter
181Y. NDIS worker screening database

CHAPTER 7--Other matters

PART 1--DEBT--RECOVERY

Division 1--Debts

182. Debts due to the Agency

Division 2--Methods of recovery

183. Legal proceedings
184. Arrangement for payment of debt
185. Recovery of amounts from financial institutions

Division 3--Information relating to debts

186. Power to obtain information from a person who owes a debt to the Agency
187. Power to obtain information about a person who owes a debt to the Agency
188. Written notice of requirement
189. Offence--refusal or failure to comply with requirement

Division 4--Non-recovery of debts

190. CEO may write off debt
191. Power to waive Agency's right to recover debt
192. Waiver of debt arising from error
193. Waiver of small debt
194. Waiver in relation to settlements
195. Waiver in special circumstances

PART 2--GENERAL--MATTERS

196. Method of notification by CEO
197. CEO not required to make a decision
197A. Method of notification by Commissioner
197B. Commissioner not required to make a decision
198. Protection of participant against liability for actions of persons
199. Protection against criminal liability
200. Evidentiary effect of CEO's certificate
200A. Legal assistance for review not funded
201. Delegation by the Minister to the CEO
201A. Delegation by the Minister to the Commissioner
202. Delegation by the CEO
202A. Delegation by the Commissioner
202B. Delegation of regulatory powers
203. Application of Act to unincorporated bodies
204. Time frames for decision making by persons other than the CEO
204A. Report by Commonwealth Ombudsman

PART 3--CONSTITUTIONAL--MATTERS

205. Act binds Crown
206. Alternative constitutional basis
207. Concurrent operation of State laws
207A. State or Territory agreement required in relation to certain delegations under this Act

PART 5--LEGISLATIVE--INSTRUMENTS

209. The National Disability Insurance Scheme rules
209A. Process for seeking agreement to Category A rules--normal process
209B. Process for seeking agreement to certain Category A rules where no substantial financial or policy implications
209C. Dispute resolution process for Category A rules
209D. Process for seeking agreement to Category B rules and Category C rules
210. Regulations
211. Information about consultation to be included in explanatory statements

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback