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NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 3

Objects of Act

  (1)   The objects of this Act are to:

  (a)   in conjunction with other laws, give effect to Australia's obligations under the Convention on the Rights of Persons with Disabilities done at New York on 13   December 2006 ([2008] ATS 12); and

  (b)   provide for the National Disability Insurance Scheme in Australia; and

  (c)   support the independence and social and economic participation of people with disability; and

  (d)   provide reasonable and necessary supports, including early intervention supports, for participants in the National Disability Insurance Scheme; and

  (e)   enable people with disability to exercise choice and control in the pursuit of their goals and the planning and delivery of their supports; and

  (f)   facilitate the development of a nationally consistent approach to the access to, and the planning and funding of, supports for people with disability; and

  (g)   promote the provision of high quality and innovative supports that enable people with disability to maximise independent lifestyles and full inclusion in the community; and

  (ga)   protect and prevent people with disability from experiencing harm arising from poor quality or unsafe supports or services provided under the National Disability Insurance Scheme; and

  (h)   raise community awareness of the issues that affect the social and economic participation of people with disability, and facilitate greater community inclusion of people with disability; and

  (i)   in conjunction with other laws, give effect to certain obligations that Australia has as a party to:

  (i)   the International Covenant on Civil and Political Rights done at New York on 16   December 1966 ([1980] ATS 23); and

  (ii)   the International Covenant on Economic, Social and Cultural Rights done at New York on 16   December 1966 ([1976] ATS 5); and

  (iii)   the Convention on the Rights of the Child done at New York on 20   November 1989 ([1991] ATS 4); and

  (iv)   the Convention on the Elimination of All Forms of Discrimination Against Women done at New York on 18   December 1979 ([1983] ATS 9); and

  (v)   the International Convention on the Elimination of All Forms of Racial Discrimination done at New York on 21   December 1965 ([1975] ATS 40).

Note:   In 2013, the text of a Convention or Covenant in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

  (2)   These objects are to be achieved by:

  (a)   providing the foundation for governments to work together to develop and implement the National Disability Insurance Scheme; and

  (b)   adopting an insurance - based approach, informed by actuarial analysis, to the provision and funding of supports for people with disability; and

  (c)   establishing a national regulatory framework for persons and entities who provide supports and services to people with disability, including certain supports and services provided outside the National Disability Insurance Scheme.

  (3)   In giving effect to the objects of the Act, regard is to be had to:

  (b)   the need to ensure the financial sustainability of the National Disability Insurance Scheme; and

  (c)   the broad context of disability reform provided for in:

  (i)   the National Disability Strategy 2010 - 2020 as endorsed by COAG on 13   February 2011; and

  (ii)   the Carer Recognition Act 2010 ; and

  (d)   the provision of services by other agencies, Departments or organisations and the need for interaction between the provision of mainstream services and the provision of supports under the National Disability Insurance Scheme.


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