Commonwealth Consolidated Acts Commonwealth Consolidated ActsParticipant's statement of goals and aspirations
(1) A participant's plan must include a statement (the participant's statement of goals and aspirations ) prepared by the participant that specifies:
(a) the goals, objectives and aspirations of the participant; and
(b) the environmental and personal context of the participant's living, including the participant's:
(i) living arrangements; and
(ii) informal community supports and other community supports; and
(iii) social and economic participation.
Statement of participant supports
(2) A participant's plan must include a statement (the statement of participant supports ), prepared with the participant and approved by the CEO, that specifies:
(a) the participant's reasonable and necessary budget in accordance with sections 32E to 32K; and
(b) the general supports (if any) that will be provided to, or in relation to, the participant; and
(c) having regard to the needs assessment report for the plan, whichever of the following applies:
(i) that the participant meets the disability requirements;
(ii) that the participant meets the early intervention requirements;
(iii) that the participant meets both the disability requirements and the early intervention requirements; and
(d) the plan's maximum period of effect, starting on the day the plan is approved; and
(e) any circumstances in which the Agency must reassess the plan under Division 4; and
(f) the management of the funding for supports under the plan (see also Division 3); and
(g) the management of other aspects of the plan.
How general supports may be specified in plan
(3) The general supports that will be provided under the National Disability Insurance Scheme may be specifically identified in the plan or described generally, whether by reference to a specified purpose or otherwise.
Time limits for approving statement of participant supports
(4) The CEO must decide whether or not to approve the statement of participant supports:
(a) within the period worked out in accordance with the National Disability Insurance Scheme rules prescribed for the purposes of this paragraph (which may take account of section 36 (information and reports) and subsection 32L(7) (replacement assessments under section 32L)); or
(b) if there are no such rules--as soon as reasonably practicable, including what is reasonably practicable having regard to section 36 (information and reports) and subsection 32L(7) (replacement assessments under section 32L).
(5) However, subsection (4) does not apply if the preparation of the participant's plan is suspended under subparagraph 36(3)(b)(i) (which deals with failure to provide information or reports for an assessment under section 32L).
Requirements for CEO in approving statement of participant supports
(6) In deciding whether or not to approve a statement of participant supports under subsection (2), the CEO must:
(a) have regard to the participant's statement of goals and aspirations; and
(b) for any general supports specified under paragraph (2)(b)--be satisfied:
(i) that the supports will be, or are likely to be, effective and beneficial for the participant, having regard to current good practice; and
(ii) of any other matters specified in the National Disability Insurance Scheme rules for the purposes of this subparagraph; and
(c) have regard to the principle that a participant should manage the participant's plan to the extent that the participant wishes to do so; and
(d) have regard to the operation and effectiveness of any previous plans of the participant; and
(e) have regard to whether section 46 (acquittal of NDIS amounts) was complied with in relation to any previous plan for the participant; and
(f) be satisfied of any matters specified in the National Disability Insurance Scheme rules for the purposes of this paragraph.
Agency - managed funding--supports to be provided only by a registered NDIS provider
(7) To the extent that the funding for supports under a participant's plan is managed by the Agency, the plan must provide that the supports are to be provided only by a registered NDIS provider.
Plan may deal with additional matters
(8) A participant's plan may include additional matters, including such additional matters as are prescribed by the National Disability Insurance Scheme rules.
Note: For example, a participant's plan may include arrangements for ongoing contact with the Agency.
Statement of goals and aspirations to be recorded in writing
(9) A participant's statement of goals and aspirations need not be prepared by the participant in writing, but if it is prepared other than in writing, the Agency must record it in writing.
Note: Section 38 requires a copy of a participant's plan to be provided to the participant.