Commonwealth Consolidated Acts

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NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 21

When a person meets the access criteria

  (1)   A person meets the access criteria if:

  (a)   the CEO is satisfied that the person meets the age requirements (see section   22); and

  (b)   the CEO is satisfied that, at the time of considering the request, the person meets the residence requirements (see section   23); and

  (c)   the CEO is satisfied that, at the time of considering the request:

  (i)   the person meets the disability requirements (see section   24); or

  (ii)   the person meets the early intervention requirements (see section   25).

  (2)   For the purposes of paragraph   (1)(c), the CEO must separately consider and decide:

  (a)   whether or not the prospective participant meets the disability requirements; and

  (b)   whether or not the prospective participant meets the early intervention requirements.

  (3)   The CEO is taken to have decided that the prospective participant does not meet the access criteria if:

  (a)   the CEO does not do a thing referred to in paragraph   20(1)(a) or (b) within the period applicable under section   20; or

  (b)   if subsection   26(2) applies--the CEO does not do one of the things referred to in that subsection within the 14 - day period referred to in that subsection.

Note:   Notice of a decision that the CEO is taken to have made must be given because of subsection   100(1) and will be automatically reviewed because of subsection   100(5).



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