Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The CEO may make one or more requests under subsection (2) for any of the following purposes:
(a) the undertaking of an assessment under section 32L for a participant;
(b) preparing a statement of participant supports for a participant;
(c) deciding whether to approve a statement of participant supports for a participant.
(2) The requests the CEO may make are as follows:
(a) that the participant, or another person, provide information that is reasonably necessary for a purpose mentioned in paragraph (1)(a), (b) or (c);
(b) 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.
(2A) A request under subsection (2) must be made in writing.
Note: A request may be rescinded or varied under subsection 33(3) of the Acts Interpretation Act 1901 .
(3) If a request under subsection (2) is made for a purpose mentioned in paragraph (1)(a):
(a) the request must specify a period of at least 28 days for the information or reports to be received by the CEO; and
(b) if the CEO does not receive the information or reports within the period specified in the request--the CEO must:
(i) unless subparagraph (ii) applies--suspend the preparation of the new framework plan; or
(ii) if the CEO is satisfied that it was reasonable for the participant or the other person mentioned in paragraph (2)(a) not to have complied with the request within that period--make a further request under subsection (2).
Note: The period specified in the request may be varied (see subsection 33(3) of the Acts Interpretation Act 1901 ).
(3A) In deciding for the purposes of subparagraph (3)(b)(ii) 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 purpose mentioned in paragraph (1)(a), (b) or (c) for which the request was made;
(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.
(4) If the CEO suspends the preparation of a new framework plan for a participant under subparagraph (3)(b)(i):
(a) the CEO must give the participant written notice of the decision; and
(b) the statement of participant supports in any other plan that is in effect for the participant (whether an old framework plan or a new framework plan) is suspended from the day specified in the notice for the purposes of this paragraph until the day the CEO receives the information or reports requested; and
(c) the CEO must recommence the preparation of the new framework plan if the CEO subsequently receives the information or reports.
(5) If a request under subsection (2) is made for a purpose mentioned in paragraph (1)(b) or (c), the CEO:
(a) may prepare the statement of participant supports, or decide whether to approve a statement of participant supports, before all the information and reports requested are received by the CEO; but
(b) must give the participant or the other person mentioned in paragraph (2)(a) a reasonable opportunity to provide the information and reports.
Note: If information or reports requested for a purpose mentioned in paragraph (1)(b) or (c) are provided after the statement of participant supports is approved, the plan can be varied or can be reassessed and if necessary replaced.