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NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 33

Matters that must be included in a participant's plan

             (1)  A participant's plan must include a statement (the participant's statement of goals and aspirations ) prepared by the participant that specifies:

                     (a)  the goals, objectives and aspirations of the participant; and

                     (b)  the environmental and personal context of the participant's living, including the participant's:

                              (i)  living arrangements; and

                             (ii)  informal community supports and other community supports; and

                            (iii)  social and economic participation.

             (2)  A participant's plan must include a statement (the statement of participant supports ), prepared with the participant and approved by the CEO, that specifies:

                     (a)  the general supports (if any) that will be provided to, or in relation to, the participant; and

                     (b)  the reasonable and necessary supports (if any) that will be funded under the National Disability Insurance Scheme; and

                     (c)  the date by which, or the circumstances in which, the Agency must reassess the plan under Division 4; and

                     (d)  the management of the funding for supports under the plan (see also Division 3); and

                     (e)  the management of other aspects of the plan.

             (3)  The supports that will be funded or provided under the National Disability Insurance Scheme may be specifically identified in the plan or described generally, whether by reference to a specified purpose or otherwise.

             (4)  The CEO must decide whether or not to approve the statement of participant supports:

                     (a)  within the period worked out in accordance with the National Disability Insurance Scheme rules prescribed for the purposes of this paragraph (which may take account of section 36 (information and reports)); or

                     (b)  if there are no such rules--as soon as reasonably practicable, including what is reasonably practicable having regard to section 36 (information and reports).

             (5)  In deciding whether or not to approve a statement of participant supports under subsection (2), the CEO must:

                     (a)  have regard to the participant's statement of goals and aspirations; and

                     (b)  have regard to relevant assessments conducted in relation to the participant; and

                     (c)  be satisfied as mentioned in section 34 in relation to the reasonable and necessary supports that will be funded and the general supports that will be provided; and

                     (d)  apply the National Disability Insurance Scheme rules (if any) made for the purposes of section 35; and

                     (e)  have regard to the principle that a participant should manage his or her plan to the extent that he or she wishes to do so; and

                      (f)  have regard to the operation and effectiveness of any previous plans of the participant.

             (6)  To the extent that the funding for supports under a participant's plan is managed by the Agency, the plan must provide that the supports are to be provided only by a registered NDIS provider.

             (7)  A participant's plan may include additional matters, including such additional matters as are prescribed by the National Disability Insurance Scheme rules.

Note:          For example, a participant's plan may include arrangements for ongoing contact with the Agency.

             (8)  A participant's statement of goals and aspirations need not be prepared by the participant in writing, but if it is prepared other than in writing, the Agency must record it in writing.

Note:          Section 38 requires a copy of a participant's plan to be provided to him or her.



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