Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 74

Children

             (1)  If this Act requires or permits a thing to be done by or in relation to a child, the thing is to be done by or in relation to:

                     (a)   the person who has, or the persons who jointly have, parental responsibility for the child; or

                     (b)  if the CEO is satisfied that this is not appropriate--a person determined in writing by the CEO.

          (1A)  If:

                     (a)  a State or Territory Minister; or

                     (b)  the head (however described) of a Department of State of a State or Territory;

has parental responsibility for the child, the CEO must not make a determination under paragraph (1)(b) in relation to the child unless the Minister or the head of the Department, as the case may be, has agreed in writing to the making of the determination.

             (2)  If a person mentioned in subsection (1) makes a plan management request for a participant who is a child, the person may request:

                     (a)  that the person manage the plan wholly or to the extent specified in the request; or

                     (b)  that the plan be managed wholly, or to the extent specified in the request, by a registered plan management provider nominated by the person to manage the plan; or

                     (c)  that the plan be managed wholly, or to the extent specified in the request, by the Agency or a person specified by the Agency.

             (3)  The statement of participant supports in the plan must give effect to the plan management request, except as mentioned in subsections (4) and (5).

             (4)  The statement of participant supports in a participant's plan must not provide that the person referred to in paragraph (2)(a) is to manage the funding for supports under the participant's plan:

                     (a)  to any extent, if the person is an insolvent under administration; or

                     (b)  to a particular extent, if the CEO is satisfied that management of the plan to that extent would:

                              (i)  present an unreasonable risk to the participant; or

                             (ii)  permit the person to manage matters that are prescribed by the National Disability Insurance Scheme rules as being matters that must not be managed by the person.

             (5)  Subsections (1) and (2) of this section do not have effect in relation to a participant who is a child if:

                     (a)  the CEO is satisfied that the child is capable of making decisions for himself or herself; and

                     (b)  the CEO is satisfied that it is appropriate in the circumstances for those subsections not to apply to the child; and

                     (c)  the CEO makes a determination that those subsections do not apply to the child.

             (6)  The National Disability Insurance Scheme rules may prescribe requirements with which the CEO must comply, criteria that the CEO is to apply or matters to which the CEO is to have regard in deciding the following:

                     (a)  whether to make a determination under paragraph (1)(b);

                     (b)  whether a person managing the funding for supports under a participant's plan would present an unreasonable risk to the participant as mentioned in paragraph (4)(b);

                     (c)  whether a child is capable of making decisions for himself or herself as mentioned in paragraph (5)(a);

                     (d)  whether it is appropriate for subsections (1) and (2) not to apply to a child as mentioned in paragraph (5)(b).

             (7)  A determination made under paragraph (5)(c) is not a legislative instrument.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback