Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act:
"access request" has the meaning given by section 18.
"Advisory Council" means the Independent Advisory Council established by section 143.
"Agency" means the National Disability Insurance Agency referred to in subsection 117(1).
"Agency officer" means:
(a) a member of the staff of the Agency under section 169; or
(b) a person assisting the Agency under section 170.
"annual financial sustainability report" means a report prepared under subsection 180B(1).
"approved form" , in relation to a provision of this Act, means a form approved under section 9A for the purposes of that provision.
"approved quality auditor" means a person or body approved by the Commissioner under section 73U.
"banning order" means an order made under section 73ZN.
"behaviour support function" has the meaning given by section 181H.
"Board" means the Board of the National Disability Insurance Agency referred to in section 123.
"Board member" means a member of the Board (and includes the Chair).
"carer" means an individual who:
(a) provides personal care, support and assistance to another individual who needs it because that other individual is a person with disability; and
(b) does not provide the care, support and assistance:
(i) under a contract of service or a contract for the provision of services; or
(ii) in the course of doing voluntary work for a charitable, welfare or community organisation; or
(iii) as part of the requirements of a course of education or training.
"centrelink program" has the same meaning as in the Human Services (Centrelink) Act 1997 .
"CEO" means the Chief Executive Officer of the Agency.
"Chair" means the Chair of the Board.
"child" means a person who is under 18 years of age.
"civil penalty provision" has the same meaning as in the Regulatory Powers Act.
"Commission" means the NDIS Quality and Safeguards Commission established by section 181A.
"Commissioner" means the Commissioner of the NDIS Quality and Safeguards Commission referred to in section 181C.
"Commission officer" means:
(a) a member of the staff of the Commission under section 181U; or
(b) a person assisting the Commissioner under section 181W.
"Commonwealth Ombudsman" means the person for the time being holding office as Commonwealth Ombudsman under the Ombudsman Act 1976 .
"compensation" has the meaning given by section 11.
"complaints functions" has the meaning given by section 181G.
"compliance notice" means a notice given under section 73ZM.
"core functions" has the meaning given by section 181E.
"correspondence nominee" means a person who is appointed as the correspondence nominee of a participant under section 87.
"cover" , in relation to an enterprise agreement, has the same meaning as in the Fair Work Act 2009 .
"decision-maker" for a reviewable decision means:
(a) for a reviewable decision referred to in column 1 of the table in subsection 99(1)--the person referred to in column 3 of that table in relation to that decision; or
(b) for a reviewable decision specified in the National Disability Insurance Scheme rules for the purposes of subsection 99(2)--the person specified in the rules as the decision - maker for that decision.
"developmental delay" means a delay in the development of a child under 6 years of age that:
(a) is attributable to a mental or physical impairment or a combination of mental and physical impairments; and
(b) results in substantial reduction in functional capacity in one or more of the following areas of major life activity:
(i) self - care;
(ii) receptive and expressive language;
(iii) cognitive development;
(iv) motor development; and
(c) results in the need for a combination and sequence of special interdisciplinary or generic care, treatment or other services that are of extended duration and are individually planned and coordinated.
"Disability Minister" for a host jurisdiction means the Minister of the host jurisdiction who is a member of the Ministerial Council.
"disclose" , in relation to information in the NDIS worker screening database, includes provide electronic access to the information.
"enterprise agreement" has the same meaning as in the Fair Work Act 2009 .
"enters into an agreement to give up his or her right to compensation" : a participant or prospective participant enters into an agreement to give up his or her right to compensation if he or she:
(a) enters into an agreement to waive his or her right to compensation; or
(b) enters into an agreement to withdraw his or her claim for compensation.
"entity" means a partnership or an unincorporated association.
"entry" , in relation to a person and a residential care service, has the same meaning as in the Aged Care Act 1997 .
"Finance Minister" means the Minister administering the Public Governance, Performance and Accountability Act 2013 .
"financial institution" means a corporation that is an ADI for the purposes of the Banking Act 1959 .
"First Minister" for a host jurisdiction means:
(a) if the host jurisdiction is a State--the Premier of the State; or
(b) if the host jurisdiction is a Territory--the Chief Minister of the Territory.
"First Ministers' Council" means a body (however described) that consists only of, or that includes, the following:
(a) the Prime Minister;
(b) the Premiers of each State;
(c) the Chief Ministers of the Australian Capital Territory and Northern Territory.
"flexible funding" has the meaning given by paragraph 32E(2)(a).
"funding component amount" , for a group of reasonable and necessary supports funded under an old framework plan, has the meaning given by paragraph 33(2A)(c).
"funding period" :
(a) for flexible funding provided under a new framework plan--has the meaning given by paragraph 32F(2)(a); and
(b) for funding provided under a new framework plan for a stated support or class of stated supports--has the meaning given by paragraph 32G(3)(a); and
(c) for funding provided under an old framework plan for all reasonable and necessary supports, or a group of reasonable and necessary supports, funded under the plan--has the meaning given by paragraph 33(2A)(d).
"general supports" has the meaning given by subsection 13(2).
"grace period" has the meaning given by subsection 40(2).
"holder" , in relation to a visa, has the same meaning as in the Migration Act 1958 .
"home care" has the same meaning as in the Aged Care Act 1997 .
"host jurisdiction" means the following:
(a) each of the States;
(b) the Australian Capital Territory;
(c) the Northern Territory.
"host jurisdiction Minister" for a host jurisdiction means a Minister of the host jurisdiction who is:
(a) a member of the Ministerial Council; or
(b) if the host jurisdiction is a State--the Premier of the State; or
(c) if the host jurisdiction is a Territory--the Chief Minister of the Territory.
"independent advocate" , in relation to a person with disability, means a person who:
(a) is independent of the Agency, the Commission and any NDIS providers providing supports or services to the person with disability; and
(b) provides independent advocacy for the person with disability, to assist the person with disability to exercise choice and control and to have their voice heard in matters that affect them; and
(c) acts at the direction of the person with disability, reflecting the person with disability's expressed wishes, will, preferences and rights; and
(d) is free of relevant conflicts of interest.
"Indigenous person" means a person who is:
(a) a member of the Aboriginal race of Australia; or
(b) a descendant of an Indigenous inhabitant of the Torres Strait Islands.
"key personnel" has the meaning given by section 11A.
"managing the funding for supports" under a participant's plan has the meaning given by section 42.
"medicare program" has the same meaning as in the Human Services (Medicare) Act 1973 .
"meets the access criteria" has the meaning given by section 21.
"meets the age requirements" has the meaning given by section 22.
"meets the disability requirements" has the meaning given by section 24.
"meets the early intervention requirements" has the meaning given by section 25.
"meets the residence requirements" has the meaning given by section 23.
"Ministerial Council" means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to the National Disability Insurance Scheme.
"National Disability Insurance Scheme" means the arrangements set out in Chapters 2 and 3.
"National Disability Insurance Scheme rules" means the rules mentioned in section 209.
"NDIS amount" means an amount paid under the National Disability Insurance Scheme in respect of supports (other than general supports) funded under a participant's plan.
"NDIS Code of Conduct" means the National Disability Insurance Scheme rules made for the purposes of section 73V.
"NDIS Practice Standards" means the National Disability Insurance Scheme rules made for the purposes of section 73T.
"NDIS provider" means:
(a) a person (other than the Agency) who receives:
(i) funding under the arrangements set out in Chapter 2; or
(ii) NDIS amounts (other than as a participant); or
(b) a person or entity:
(i) who provides supports or services to people with disability other than under the National Disability Insurance Scheme; and
(ii) who is prescribed by the National Disability Insurance Scheme rules for the purposes of this subparagraph.
"NDIS Provider Register" means the register maintained under section 73ZS.
"NDIS support" , for a participant, has the meaning given by section 10.
"NDIS worker screening check" means an assessment, under an NDIS worker screening law, of whether a person who works, or seeks to work, with people with disability poses a risk to such people.
"NDIS worker screening database" means the database established under section 181Y.
"NDIS worker screening law" means a law of a State or Territory determined in an instrument under subsection 10B(1).
"needs assessment report" , for a new framework plan, means the report of an assessment undertaken in accordance with section 32L for the purposes of the plan.
"new framework plan" has the meaning given by subsection 32A(1).
"nominee" means the correspondence nominee of a participant or the plan nominee of a participant.
"old framework plan" has the meaning given by subsection 32A(2).
"otherwise engaged" includes engaged on a voluntary basis.
"paid work" means work for financial gain or reward (whether as an employee, a self - employed person or otherwise).
"parent" : without limiting who is a parent of anyone for the purposes of this Act, a person is the parent of another person if the other person is a child of the person within the meaning of the Family Law Act 1975 .
"parental responsibility" has the meaning given by section 75.
"participant" means a person who is a participant in the National Disability Insurance Scheme (see sections 28, 29, 30 and 30A).
"participant's impairment" means an impairment in relation to which the participant meets the disability requirements, or the early intervention requirements, to any extent.
"participant's statement of goals and aspirations" has the meaning given by subsections 32D(1) and 33(1).
"permanent visa" has the same meaning as in the Migration Act 1958 .
"plan" , for a participant, means the participant's plan that is in effect under section 37.
"plan management request" has the meaning given by subsection 43(1).
"plan nominee" means a person who is appointed as a plan nominee of a participant under section 86.
"Principal Member" means the Principal Member of the Advisory Council.
"prospective participant" means a person in relation to whom an access request has been made but not yet decided.
"prospective participant's impairment" means an impairment in relation to which the prospective participant claims to meet the disability requirements, or the early intervention requirements, to any extent.
"protected Agency information" means:
(a) information about a person that is or was held in the records of the Agency; or
(b) information to the effect that there is no information about a person held in the records of the Agency.
"protected Commission information" means information about a person (including a deceased person) that is or was held in the records of the Commission, but does not include the following:
(a) if there is publication of the NDIS Provider Register in whole or part as mentioned in paragraph 73ZS(7)(b)--information covered by that publication;
(b) if there is publication of specified information entered on that Register as mentioned in that paragraph--that information.
"protected SCV holder" : a person is a protected SCV holder if:
(a) the person was in Australia on 26 February 2001, and was a special category visa holder on that day; or
(b) the person had been in Australia for a period of, or for periods totalling, 12 months during the 2 years immediately before 26 February 2001, and returned to Australia after that day.
"reasonable and necessary budget" for a new framework plan means the reasonable and necessary budget specified in the plan under paragraph 32D(2)(a).
"reassessment date" of a participant's plan means:
(a) if the plan is a new framework plan--the day after the end of the maximum period of effect specified in the plan under paragraph 32D(2)(d); or
(b) if the plan is an old framework plan--the date specified in the plan under paragraph 33(2)(c).
"recoverable amount" has the meaning given by sections 106 and 107.
"registered" means registered under section 73E.
"registered NDIS provider" means a person or entity who is registered under section 73E.
"registered plan management provider" means an NDIS provider who is registered to manage the funding for supports under plans as mentioned in paragraph 73E(2)(a).
"registration and reportable incident functions" has the meaning given by section 181F.
"Regulatory Powers Act" means the Regulatory Powers (Standard Provisions) Act 2014 .
"reportable incident" has the meaning given by subsections 73Z(4) and (5).
"residential care service" has the same meaning as in the Aged Care Act 1997 .
"restrictive practice" means any practice or intervention that has the effect of restricting the rights or freedom of movement of a person with disability.
"reviewable decision" has the meaning given by subsections 99(1) and (2).
"reviewer" has the meaning given by subsection 100(5).
"reviewing actuary" means the actuary who is nominated under section 180D.
"scheme actuary" means the actuary who is nominated under section 180A.
"special category visa" has the same meaning as in the Migration Act 1958 .
"stated support" for a participant has the meaning given by subsection 32E(4).
"statement of participant supports" has the meaning given by subsections 32D(2) and 33(2).
"supports" includes general supports.
"total funding amount" :
(a) for flexible funding provided under a new framework plan--means the amount specified in the plan under paragraph 32E(2)(a); and
(b) for a stated support or class of stated supports funded under a new framework plan--means the amount specified in the plan for the stated support or class of stated supports under paragraph 32G(2)(a); and
(c) for reasonable and necessary supports funded under an old framework plan--means an amount specified in the plan under paragraph 33(2A)(a).