Commonwealth Consolidated Acts

NATIONAL DISABILITY INSURANCE SCHEME ACT 2013

TABLE OF PROVISIONS

           Long Title

            

CHAPTER 1--Introduction
            

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  

   PART 2--OBJECTS--AND PRINCIPLES

   3.      Objects of Act  
   4.      General principles guiding actions under this Act  
   5.      General principles guiding actions of people who may do acts or things on behalf of others  
   6.      Agency may provide support and assistance  
   7.      Provision of notice, approved form or information under this Act etc.  

   PART 3--SIMPLIFIED--OUTLINE

   8.      Simplified outline  

   PART 4--DEFINITIONS

   9.      Definitions  
   9A.     Approved forms  
   10B.    Definition of NDIS worker screening law  
   11.     Definitions relating to compensation  
   11A.    Definition of key personnel  

   PART 5--MINISTERIAL--COUNCIL

   12.     Ministerial Council functions etc.  
            

CHAPTER 2--Assistance for people with disability and others
            

   13.     Agency may provide coordination, strategic and referral services etc. to people with disability  
   14.     Agency may provide funding to persons or entities  
   15.     Agency may provide information  
   16.     Agency may assist in relation to doing things under Chapter  
   17.     National Disability Insurance Scheme rules  
            

CHAPTER 3--Participants and their plans
            

   PART 1A--PRINCIPLES

   17A.    Principles relating to the participation of people with disability  

   PART 1--BECOMING--A PARTICIPANT

   18.     Person may make a request to become a participant  
   19.     Matters relating to access requests  
   20.     CEO must consider and decide access requests  
   21.     When a person meets the access criteria  
   22.     Age requirements  
   23.     Residence requirements  
   24.     Disability requirements  
   25.     Early intervention requirements  
   26.     Requests that the CEO may make  
   27.     National Disability Insurance Scheme rules relating to disability requirements and early intervention requirements  
   28.     When a person becomes a participant  
   29.     When a person ceases to be a participant  
   30.     Revocation of participant status  

   PART 2--PARTICIPANTS----PLANS

           Division 1--Principles relating to plans

   31.     Principles relating to plans  

           Division 2--Preparing participants' plans

   32.     CEO must facilitate preparation of participant's plan  
   33.     Matters that must be included in a participant's plan  
   34.     Reasonable and necessary supports  
   35.     National Disability Insurance Scheme rules for statement of participant supports  
   36.     Information and reports for the purposes of preparing and approving a participant's plan  
   37.     When plan is in effect  
   38.     Copy of plan to be provided  
   39.     Agency must comply with the statement of participant supports  
   40.     Effect of temporary absence on plans  
   41.     Suspension of plans  

           Division 3--Managing the funding for supports under participants' plans

   42.     Meaning of managing the funding for supports under a participant's plan  
   43.     Choice for the participant in relation to plan management  
   44.     Circumstances in which persons must not manage funding  
   45.     Payment of amounts payable under the National Disability Insurance Scheme  
   46.     Acquittal of NDIS amounts  
   46A.    Protection of NDIS amounts  
   46B.    Garnishee orders  

           Division 4--Varying and replacing participants' plans

   47.     Variation of participant's plan--change of participant's statement of goals and aspirations  
   47A.    Variation of participant's plan on request of participant or CEO's own initiative  
   48.     Reassessment of participant's plan on request of participant or CEO's own initiative  
   49.     Reassessment of participant's plan before plan's reassessment date  
   49A.    Reassessment of participant's plan in circumstances specified in plan  
   50.     Information and reports for the purposes of varying or reassessing a participant's plan  
            

CHAPTER 4--Administration
            

   PART 1--GENERAL--MATTERS

           Division 1--Participants and prospective participants

   50J.    CEO to comply with requirements in relation to prospective participants or participants  
   51.     Requirement to notify change of circumstances  
   52.     Requirements relating to notices  
   53.     Power to obtain information from participants and prospective participants to ensure the integrity of the National Disability Insurance Scheme  
   54.     Written notice of requirement  

           Division 2--Other persons

   55.     Power of CEO to obtain information from other persons to ensure the integrity of the National Disability Insurance Scheme  
   55A.    Power of Commissioner to obtain information from other persons to ensure the integrity of the National Disability Insurance Scheme etc.  
   56.     Written notice of requirement  
   57.     Offence--refusal or failure to comply with requirement  

           Division 3--Interaction with other laws

   58.     Obligations not affected by State or Territory laws  
   59.     Interaction with Commonwealth laws  

   PART 2--PRIVACY

           Division 1--Information held by the Agency

   60.     Protection of information held by the Agency etc.  
   62.     Offence--unauthorised use or disclosure of protected Agency information  
   63.     Offence--soliciting disclosure of protected Agency information  
   64.     Offence--offering to supply protected Agency information  
   66.     Disclosure of information by CEO  
   67.     National Disability Insurance Scheme rules for exercise of CEO's disclosure powers  

           Division 2--Information held by the Commission

   67A.    Protection of information held by the Commission etc.  
   67B.    Offence--unauthorised use or disclosure of protected Commission information  
   67C.    Offence--soliciting disclosure of protected Commission information  
   67D.    Offence--offering to supply protected Commission information  
   67E.    Disclosure of information by Commissioner  
   67F.    National Disability Insurance Scheme rules for exercise of Commissioner's disclosure powers  

           Division 3--Information generally

   67G.    Protection of certain documents etc. from production to court etc.  
   67H.    Part does not affect the operation of the Freedom of Information Act 1982  

   PART 3A--NDIS--PROVIDERS

           Division 2--Registered NDIS providers

   73B.    Requirement to be a registered NDIS provider  
   73C.    Application to be a registered NDIS provider  
   73D.    False or misleading information or documents in application  
   73E.    Registration as a registered NDIS provider  
   73F.    Registration is subject to conditions  
   73G.    Conditions specified in certificate of registration  
   73H.    Conditions determined by NDIS rules  
   73J.     Registered NDIS providers must comply with conditions of registration  
   73K.    Extension of period for which registration is in force  
   73L.    Variation of registration  
   73M.    Application for variation of registration  
   73N.    Suspension of registration  
   73P.    Revocation of registration  
   73Q.    Record keeping by registered NDIS providers  
   73R.    Record keeping by former registered NDIS providers  
   73S.    Grants of financial assistance in relation to registration  

           Division 3--Quality assurance

   73T.    NDIS Practice Standards  
   73U.    Approved quality auditors  

           Division 4--NDIS Code of Conduct

   73V.    NDIS Code of Conduct  

           Division 5--Complaints management and resolution

   73W.    Complaints management and resolution system--registered NDIS providers  
   73X.    Arrangements relating to the management and resolution of complaints  

           Division 6--Incident management--registered NDIS providers

   73Y.    Incident management system  
   73Z.    Reportable incidents  

           Division 7--Protection of disclosers

   73ZA.   Disclosures qualifying for protection  
   73ZB.   Disclosure that qualifies for protection not actionable etc.  
   73ZC.   Victimisation prohibited  
   73ZD.   Right to compensation  

           Division 8--Compliance and enforcement

   73ZE.   Monitoring powers  
   73ZF.   Investigation powers  
   73ZG.   Use of equipment to examine or process things  
   73ZH.   Use of electronic equipment at other place  
   73ZI.   Person with knowledge of a computer or a computer system to assist access etc.  
   73ZJ.   Compensation for damage to electronic equipment  
   73ZK.   Civil penalty provisions  
   73ZL.   Infringement notices  
   73ZM.   Compliance notices  
   73ZN.   Banning orders  
   73ZO.   Variation or revocation of banning orders  
   73ZP.   Enforceable undertakings  
   73ZQ.   Injunctions  
   73ZR.   Appointment of inspectors and investigators  

           Division 9--NDIS Provider Register

   73ZS.   NDIS Provider Register  

   PART 4--CHILDREN

   74.     Children  
   75.     Definition of parental responsibility  
   76.     Duty to children  
   77.     Revocation of determinations under section 74  

   PART 5--NOMINEES

           Division 1--Functions and responsibilities of nominees

   78.     Actions of plan nominee on behalf of participant  
   79.     Actions of correspondence nominee on behalf of participant  
   80.     Duties of nominees to participant etc.  
   81.     Giving of notices to correspondence nominee  
   82.     Compliance by correspondence nominee  
   83.     Nominee to inform Agency of matters affecting ability to act as nominee  
   84.     Statement by plan nominee regarding disposal of money  
   85.     Right of nominee to attend with participant  

           Division 2--Appointment and cancellation or suspension of appointment

   86.     Appointment of plan nominee  
   87.     Appointment of correspondence nominee  
   88.     Provisions relating to appointments  
   89.     Circumstances in which the CEO must cancel appointment of nominees  
   90.     General circumstances in which CEO may cancel or suspend appointment of nominees  
   91.     Suspension etc. of appointment of nominees in cases of physical, mental or financial harm  
   92.     Other matters relating to cancellation or suspension of appointment  
   93.     National Disability Insurance Scheme rules may prescribe requirements etc.  
   94.     CEO's powers of revocation  

           Division 3--Other matters relating to nominees

   95.     CEO's powers to give notices to participant  
   96.     Notification of nominee where notice is given to participant  
   97.     Protection of participant against liability for actions of nominee  
   98.     Protection of nominee against criminal liability  

   PART 6--REVIEW--OF DECISIONS

   99.     Reviewable decisions and decision - makers  
   100.    Review of reviewable decisions  
   101.    Effect of later decisions before review completed  
   102.    Withdrawal of request for review  
   103.    Applications to the Administrative Appeals Tribunal  
            

CHAPTER 5--Compensation payments
            

   PART 1--REQUIREMENT--TO TAKE ACTION TO OBTAIN COMPENSATION

   104.    CEO may require person to take action to obtain compensation  
   105.    Consequences of failure to comply with a requirement to take action to obtain compensation  
   105A.   Matters relating to claims etc. by CEO  
   105B.   Recovery of amounts relating to claims etc. by CEO  

   PART 2--AGENCY--MAY RECOVER COMPENSATION FIXED AFTER NDIS AMOUNTS HAVE BEEN PAID

   106.    Recovering past NDIS amounts from certain judgements  
   107.    Recovering past NDIS amounts from consent judgements and settlements  
   108.    Debts resulting from section 106 or 107  

   PART 3--RECOVERY--FROM COMPENSATION PAYERS AND INSURERS

   109.    CEO may send preliminary notice to potential compensation payer or insurer  
   110.    Offence--potential compensation payer or insurer  
   111.    CEO may send recovery notice to compensation payer or insurer  
   112.    Preliminary notice or recovery notice suspends liability to pay compensation  
   113.    Compensation payer's or insurer's payment to Agency discharges liability to participant  
   114.    Offence--making compensation payment after receiving preliminary notice or recovery notice  
   115.    Liability to pay the Agency if there is a contravention of section 114  

   PART 4--CEO--MAY DISREGARD CERTAIN PAYMENTS

   116.    CEO may disregard certain payments  
            

CHAPTER 6--National Disability Insurance Agency
            

   PART 1--NATIONAL--DISABILITY INSURANCE AGENCY

   117.    National Disability Insurance Agency  
   118.    Functions of the Agency  
   119.    Powers of the Agency  
   120.    Charging of fees  
   121.    Minister may give directions to the Agency  
   122.    Agency does not have privileges and immunities of the Crown  

   PART 2--BOARD--OF THE AGENCY

           Division 1--Establishment and functions

   123.    Board of the National Disability Insurance Agency  
   124.    Functions of the Board  
   125.    Minister may give the Board a statement setting out strategic guidance for the Agency  
   125A.   Matters to be considered in performing functions  
   125B.   Rules about management of risk and performance of Board's functions  

           Division 2--Members of the Board

   126.    Membership  
   127.    Appointment of Board members  
   128.    Term of appointment  
   129.    Acting appointments  
   130.    Remuneration and allowances  
   131.    Leave of absence  
   132.    Outside employment  
   133.    Resignation of Board members  
   134.    Termination of appointment of Board members  
   135.    Other terms and conditions of Board members  

           Division 3--Meetings of the Board

   136.    Convening meetings  
   137.    Presiding at meetings  
   138.    Quorum  
   139.    Voting at meetings  
   140.    Conduct of meetings  
   141.    Minutes  
   142.    Decisions without meetings  

   PART 3--INDEPENDENT--ADVISORY COUNCIL

           Division 1--Establishment and function

   143.    Establishment  
   144.    Function of the Advisory Council  
   145.    Advice of the Advisory Council  

           Division 2--Members of the Advisory Council

   146.    Membership  
   147.    Appointment of members of the Advisory Council  
   148.    Term of appointment  
   149.    Acting appointments  
   150.    Remuneration and allowances  
   151.    Leave of absence  
   152.    Disclosure of interests to the Minister  
   153.    Disclosure of interests to the Advisory Council  
   154.    Resignation of members of the Advisory Council  
   155.    Termination of appointment of members of the Advisory Council  
   156.    Other terms and conditions of members of the Advisory Council  

           Division 3--Procedures of the Advisory Council

   157.    Procedures of the Advisory Council  

   PART 4--CHIEF--EXECUTIVE OFFICER AND STAFF ETC.

           Division 1--Chief Executive Officer

   158.    Establishment  
   159.    Functions of the CEO  
   160.    Appointment of the CEO  
   161.    Acting appointments  
   162.    Remuneration and allowances  
   163.    Leave of absence  
   164.    Outside employment  
   165.    Disclosure of interests  
   166.    Resignation of the CEO  
   167.    Termination of appointment of the CEO  
   168.    Other terms and conditions of the CEO  

           Division 2--Staff etc.

   169.    Staff  
   170.    Services of other persons to be made available to the Agency  
   171.    Consultants  

   PART 5--REPORTING--AND PLANNING

           Division 1--Reporting

              Subdivision A--Reporting by Board members

   172.    Annual report  
   173.    Giving certain information to the Ministerial Council  
   174.    Quarterly report to the Ministerial Council  

              Subdivision B--Reporting by the Agency

   175.    Giving information requested by Commonwealth, State or Territory Ministers  

              Subdivision C--Reporting by the Minister

   176.    Giving certain information to the Ministerial Council  

           Division 2--Planning

   177.    Corporate plan  

   PART 6--FINANCE

   178.    Payments to the Agency by the Commonwealth  
   179.    Payments to the Agency by the host jurisdictions  
   180.    Application of money by the Agency  

   PART 6A--ACTUARIAL--ASSESSMENT OF FINANCIAL SUSTAINABILITY

           Division 1--Scheme actuary and annual financial sustainability report

   180A.   Nomination of scheme actuary  
   180B.   Duties of scheme actuary  
   180C.   Rules for performance of scheme actuary's duties  

           Division 2--Reviewing actuary

   180D.   Nomination of reviewing actuary  
   180E.   Duties of reviewing actuary  

           Division 3--Assistance of scheme actuary and reviewing actuary

   180F.   Agency to assist scheme actuary and reviewing actuary  

   PART 7--MISCELLANEOUS

   181.    Taxation  
            

CHAPTER 6A--NDIS Quality and Safeguards Commission
            

   PART 1--COMMISSION--ESTABLISHMENT AND FUNCTIONS

   181A.   Establishment of the Commission  
   181B.   Commission's functions  

   PART 2--NDIS--QUALITY AND SAFEGUARDS COMMISSIONER

   181C.   Commissioner  
   181D.   Commissioner's functions and powers  
   181E.   Commissioner's core functions  
   181F.   Commissioner's registration and reportable incident functions  
   181G.   Commissioner's complaints functions  
   181H.   Commissioner's behaviour support function  
   181J.   Charging of fees by Commissioner  
   181K.   Minister may give directions to the Commissioner  
   181L.   Appointment of the Commissioner  
   181M.   Acting appointments  
   181N.   Remuneration and allowances  
   181P.   Leave of absence  
   181Q.   Outside employment  
   181R.   Other terms and conditions  
   181S.   Resignation  
   181T.   Termination of appointment  

   PART 3--STAFF--ETC. OF THE COMMISSION

   181U.   Staff of the Commission  
   181V.   Consultants  
   181W.   Persons assisting the Commissioner  
            

CHAPTER 6B--NDIS worker screening database
            

   181X.   Simplified outline of this Chapter  
   181Y.   NDIS worker screening database  
            

CHAPTER 7--Other matters
            

   PART 1--DEBT--RECOVERY

           Division 1--Debts

   182.    Debts due to the Agency  

           Division 2--Methods of recovery

   183.    Legal proceedings  
   184.    Arrangement for payment of debt  
   185.    Recovery of amounts from financial institutions  

           Division 3--Information relating to debts

   186.    Power to obtain information from a person who owes a debt to the Agency  
   187.    Power to obtain information about a person who owes a debt to the Agency  
   188.    Written notice of requirement  
   189.    Offence--refusal or failure to comply with requirement  

           Division 4--Non-recovery of debts

   190.    CEO may write off debt  
   191.    Power to waive Agency's right to recover debt  
   192.    Waiver of debt arising from error  
   193.    Waiver of small debt  
   194.    Waiver in relation to settlements  
   195.    Waiver in special circumstances  

   PART 2--GENERAL--MATTERS

   196.    Method of notification by CEO  
   197.    CEO not required to make a decision  
   197A.   Method of notification by Commissioner  
   197B.   Commissioner not required to make a decision  
   198.    Protection of participant against liability for actions of persons  
   199.    Protection against criminal liability  
   200.    Evidentiary effect of CEO's certificate  
   200A.   Legal assistance for review not funded  
   201.    Delegation by the Minister to the CEO  
   201A.   Delegation by the Minister to the Commissioner  
   202.    Delegation by the CEO  
   202A.   Delegation by the Commissioner  
   202B.   Delegation of regulatory powers  
   203.    Application of Act to unincorporated bodies  
   204.    Time frames for decision making by persons other than the CEO  
   204A.   Report by Commonwealth Ombudsman  

   PART 3--CONSTITUTIONAL--MATTERS

   205.    Act binds Crown  
   206.    Alternative constitutional basis  
   207.    Concurrent operation of State laws  
   207A.   State or Territory agreement required in relation to certain delegations under this Act  

   PART 5--LEGISLATIVE--INSTRUMENTS

   209.    The National Disability Insurance Scheme rules  
   210.    Regulations