Commonwealth Consolidated Acts

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NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 8

Simplified outline

    The following is a simplified outline of this Act:

This Act provides for the National Disability Insurance Scheme.

The National Disability Insurance Scheme comprises:

  (a)   the provision of services or activities that are in the nature of coordination, strategic or referral services or activities (Chapters   2 and 3); and

  (b)   funding for persons or entities to enable them to assist people with disability to participate in economic and social life (Chapter   2); and

  (c)   individual plans under which certain supports (called NDIS supports) will be funded for certain people (called participants) (Chapter   3).

This Act includes administrative provisions supporting the operation of the National Disability Insurance Scheme (Chapters   4 and 5), such as:

  (a)   provisions to ensure the National Disability Insurance Scheme's integrity, including limited powers to obtain information, and requirements relating to protection of information; and

  (b)   provisions relating to children; and

  (c)   provisions for nominees; and

  (d)   provisions for review of decisions; and

  (e)   provisions about the treatment of compensation.

This Act also provides for the regulation of persons and entities who provide supports and services to people with disability under the National Disability Insurance Scheme. It also regulates supports and services provided outside the National Disability Insurance Scheme in certain circumstances.

A person with disability may receive supports or services from registered NDIS providers (Part   3A of Chapter   4). Supports and services may also be received from providers who are not registered.

This Act also creates the National Disability Insurance Agency (Chapter   6).

The functions of the Agency include delivering the National Disability Insurance Scheme.

The Agency also has more general functions, such as:

  (a)   developing and enhancing the disability sector, including by facilitating innovation, research and contemporary best practice in the sector; and

  (b)   building community awareness of disabilities and the social contributors to disabilities.

Chapter   6 also:

  (a)   establishes the Board of the Agency; and

  (b)   establishes an Independent Advisory Council; and

  (c)   provides for the Chief Executive Officer and staff of the Agency; and

  (d)   provides for reporting and financial matters.

The NDIS Quality and Safeguards Commission and the office of the NDIS Quality and Safeguards Commissioner are also established by this Act (Chapter   6A).

The functions of the Commissioner include:

  (a)   functions relating to the quality and safety of services and supports provided to people with disability; and

  (b)   registering and overseeing the operation of NDIS providers; and

  (c)   managing and resolving complaints about NDIS providers; and

  (d)   providing leadership in relation to behaviour supports; and

  (e)   establishing, operating and maintaining the NDIS worker screening database (Chapter   6B).

Chapter   7 includes provisions relating to general matters, such as:

  (a)   debts; and

  (c)   legislative instruments.

 



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