Commonwealth Consolidated Acts

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NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 125

Minister may give the Board a statement setting out strategic guidance for the Agency

             (1)  The Minister may give the Board a written statement setting out strategic guidance for the Agency.

             (2)  A statement given under subsection (1):

                     (a)  must be of a general nature only; and

                     (b)  must not relate to a particular individual; and

                     (c)  must not be inconsistent with:

                              (i)  this Act, the regulations or an instrument made under this Act; or

                             (ii)  the Public Governance, Performance and Accountability Act 2013 , or any instrument made under that Act.

             (3)  The Minister must not give a statement under subsection (1) unless the Commonwealth and each host jurisdiction agree to the giving of the statement.

Process for seeking agreement

          (3A)  The Minister must:

                     (a)  give a notice (the original notice ) in writing to one host jurisdiction Minister for each host jurisdiction seeking the agreement of that host jurisdiction to the giving of the statement and requesting the agreement be given before the end of 28 days beginning on the day the notice is given; and

                     (b)  provide a copy of the proposed statement to that host jurisdiction Minister.

          (3B)  If, immediately before the end of that 28-day period:

                     (a)  no host jurisdiction Minister for a host jurisdiction has informed the Minister whether that host jurisdiction agrees to the giving of the statement; and

                     (b)  no host jurisdiction Minister for that host jurisdiction has made a request under subsection (3C);

then, at the end of that period, that host jurisdiction is taken to have agreed to the giving of the statement.

          (3C)  If, before the end of that 28-day period, a host jurisdiction Minister for a host jurisdiction gives a notice in writing to the Minister requesting a longer period within which that host jurisdiction may agree to the giving of the statement:

                     (a)  that host jurisdiction may give that agreement before the end of 90 days beginning on the day the original notice was given; and

                     (b)  if, immediately before the end of that 90-day period, no host jurisdiction Minister for that host jurisdiction has informed the Minister whether that host jurisdiction agrees to the giving of the statement, then, at the end of that period, that host jurisdiction is taken to have so agreed.

Board must have regard to statement

             (4)  In performing its functions, the Board must have regard to a statement given under subsection (1).

Statement not a legislative instrument

             (5)  A statement given under subsection (1) is not a legislative instrument.



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