Commonwealth Consolidated Acts

NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 48

  (1)   The CEO may conduct a reassessment of a participant's plan at any time.

Reassessment on request of participant or CEO's own initiative

  (2)   The CEO may do so on request of the participant or on the CEO's own initiative.

Decision on request

  (3)   If the participant requests a reassessment of the participant's plan, the CEO must before the end of the period of 21 days beginning on the day the CEO receives the request:

  (a)   make a decision that the plan needs to be varied under subsection   47A(1); or

  (b)   make a decision that the plan needs to be reassessed; or

  (c)   make a decision not to conduct a reassessment of the plan.

Note:   If the CEO decides the plan needs to be reassessed, see subsection   (8) for the period for completing the reassessment.

  (4)   If the CEO does not make a decision under paragraph   (3)(a), (b) or (c) within that 21 - day period, the CEO is taken to have decided not to conduct a reassessment of the plan.

Matters to which the CEO must have regard

  (5)   The National Disability Insurance Scheme rules may set out matters to which the CEO must have regard:

  (a)   in deciding whether to conduct a reassessment of a participant's plan on the CEO's own initiative; or

  (b)   in making a decision under paragraph   (3)(a), (b) or (c).

Notification of decision

  (6)   The CEO must notify the participant of the following:

  (a)   a decision of the CEO to conduct a reassessment of the participant's plan on the CEO's own initiative;

  (b)   a decision of the CEO under paragraph   (3)(a) or (b).

Note:   For notification of a decision under paragraph   (3)(c), see subsection   100(1).

Outcome of reassessment

  (7)   If the CEO conducts a reassessment under subsection   (1) of a participant's plan, the CEO must:

  (a)   complete the reassessment; and

  (b)   either:

  (i)   vary, under subsection   47A(1), the participant's plan as a result of that reassessment; or

  (ii)   prepare a new plan with the participant in accordance with Division   2 and approve, under subsection   33(2), the statement of participant supports in the new plan.

Time for completing reassessment

  (8)   The CEO must do the things under paragraphs   (7)(a) and (b):

  (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   50 (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   50 (information and reports).