Commonwealth Consolidated Acts Commonwealth Consolidated ActsCircumstances in which participant status may be revoked
(1) The CEO may revoke a person's status as a participant in the National Disability Insurance Scheme if:
(a) the CEO is satisfied that the person does not meet the residence requirements (see section 23); or
(b) the CEO is satisfied that the person does not meet at least one of the following:
(i) the disability requirements (see section 24);
(ii) the early intervention requirements (see section 25).
Requesting information and reports
(2) If the CEO is considering revoking a participant's status as a participant in the National Disability Insurance Scheme under subsection (1), the CEO may make one or more requests under subsection (3) for the purposes of deciding whether or not to do so.
(3) The requests the CEO may make under this subsection are as follows:
(a) that the participant, or another person, provide information that is reasonably necessary for deciding whether or not to revoke the participant's status as a participant in the National Disability Insurance Scheme;
(b) subject to subsection (3A), that the participant do either or both of the following:
(i) undergo an assessment and provide to the CEO the report, in the approved form, of the person who conducts the assessment;
(ii) undergo, whether or not at a particular place, a medical, psychiatric, psychological or other examination, conducted by an appropriately qualified person, and provide to the CEO the report, in the approved form, of the person who conducts the examination.
(3AA) A request under subsection (3) must be made in writing.
Note: A request may be rescinded or varied under subsection 33(3) of the Acts Interpretation Act 1901 .
(3A) The CEO must not request that the participant undergo an assessment under subparagraph (3)(b)(i) or an examination under subparagraph (3)(b)(ii) unless the CEO is satisfied that the report of the assessment or examination would provide information that the CEO cannot otherwise reasonably obtain.
(4) If:
(a) information or one or more reports are requested under subsection (3); and
(b) the information and each such report are received by the CEO within 90 days, or such longer period as is specified in the request, after that information or report is requested;
the CEO must:
(c) decide whether or not to revoke the participant's status as a participant in the National Disability Insurance Scheme; or
(d) make a further request under subsection (3).
(5) If:
(a) information or one or more reports are requested under subsection (3); and
(b) the information and each such report are not received by the CEO within 90 days, or such longer period as is specified in the request, after that information or report is requested;
the CEO may revoke the participant's status as a participant in the National Disability Insurance Scheme.
(6) However, the CEO must not revoke the participant's status as a participant in the National Disability Insurance Scheme under subsection (5) if the CEO is satisfied that it was reasonable for the participant, or the other person mentioned in paragraph (3)(a), not to have complied with the request made by the CEO within that period.
(6A) In deciding for the purposes of subsection (6) whether or not it was reasonable for a participant or other person not to have complied with a request within a particular period, the CEO must have regard to the following matters:
(a) the length of that period;
(b) any previous failures by the participant to comply with a request for information made under this Act;
(c) any previous failures by the other person to comply with a request for information made under this Act in relation to the participant;
(d) the length of time since the CEO was last provided with information relevant to the decision whether or not to revoke the participant's status as a participant;
(e) whether the failure to comply with the request was beyond the control of the participant or other person because of a delay in the provision of information to the participant or other person;
(f) any matters prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph;
(g) any other matters the CEO considers relevant.
Notice of decisions
(7) The CEO must give the participant written notice of a revocation under subsection (1) or (5), stating the date on which the revocation takes effect.
Section 30A does not limit this section
(8) Section 30A does not limit this section.