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NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 118

Functions of the Agency

  (1)   The Agency has the following functions:

  (a)   to deliver the National Disability Insurance Scheme so as to:

  (i)   support the independence, and social and economic participation, of people with disability; and

  (ii)   enable people with disability to exercise choice and control in the pursuit of their goals and the planning and delivery of their supports; and

  (iii)   ensure that the decisions and preferences of people with disability are respected and given appropriate priority; and

  (iv)   promote the provision of high quality and innovative supports that enable people with disability to maximise independent lifestyles and inclusion in the community; and

  (v)   ensure that a reasonable balance is achieved between safety and the right of people with disability to choose to participate in activities involving risk;

  (b)   to manage, and to advise and report on, the financial sustainability of the National Disability Insurance Scheme including by:

  (i)   regularly making and assessing estimates of the current and future expenditure of the National Disability Insurance Scheme; and

  (ii)   identifying and managing risks and issues relevant to the financial sustainability of the National Disability Insurance Scheme; and

  (iii)   considering actuarial advice, including advice from the scheme actuary and the reviewing actuary;

  (ba)   to prevent, detect, investigate and respond to misuse or abuse of, or criminal activity involving, the National Disability Insurance Scheme (whether systemic or otherwise) where this relates to:

  (i)   claims for payment under the National Disability Insurance Scheme, the payment of NDIS amounts or the use of funding provided under the National Disability Insurance Scheme; or

  (ii)   information provided to the Agency by or in relation to a participant or prospective participant, including in connection with access requests, a person's continued status as a participant, the preparation, variation, reassessment or replacement of a participant's plan or the management of the funding for supports under a participant's plan; or

  (iii)   the management of the funding for supports under a participant's plan by, or the duties or obligations of, a nominee or person who may do a thing because of section   74, including the appointment, or the suspension or cancellation of the appointment,   of a nominee or the making or revocation of a determination under paragraph   74(1)(b);

  (c)   to develop and enhance the disability sector, including by facilitating innovation, research and contemporary best practice in the sector;

  (d)   to build community awareness of disabilities and the social contributors to disabilities;

  (e)   to collect, analyse and exchange data about disabilities and the supports (including early intervention supports) for people with disability;

  (f)   to undertake research relating to disabilities, the supports (including early intervention supports) for people with disability and the social contributors to disabilities;

  (g)   any other functions conferred on the Agency by or under this Act, the regulations or an instrument made under this Act;

  (h)   to do anything incidental or conducive to the performance of the above functions.

  (2)   In performing its functions, the Agency must use its best endeavours to:

  (a)   act in accordance with any relevant intergovernmental agreements; and

  (b)   act in a proper, efficient and effective manner; and

  (c)   ensure the financial sustainability of the National Disability Insurance Scheme.



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