Commonwealth Numbered Acts

NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 (NO. 20, 2013)

TABLE OF PROVISIONS

           Long Title

            

CHAPTER 1--Introduction
            

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  

   PART 2--OBJECTS AND PRINCIPLES

   3.      Objects of Act  
   4.      General principles guiding actions under this Act  
   5.      General principles guiding actions of people who may do acts or things on behalf of others  
   6.      Agency may provide support and assistance  
   7.      Provision of notice, approved form or information under this Act etc.  

   PART 3--SIMPLIFIED OUTLINE

   8.      Simplified outline  

   PART 4--DEFINITIONS

   9.      Definitions  
   10.     Definition of host jurisdiction  
   11.     Definitions relating to compensation  

   PART 5--MINISTERIAL COUNCIL

   12.     Ministerial Council functions etc.  
            

CHAPTER 2--Assistance for people with disability and others
            

   13.     Agency may provide coordination, strategic and referral services etc. to people with disability  
   14.     Agency may provide funding to persons or entities  
   15.     Agency may provide information  
   16.     Agency may assist in relation to doing things under Chapter  
   17.     National Disability Insurance Scheme rules  
            

CHAPTER 3--Participants and their plans
            

   PART 1A--PRINCIPLES

   17A.    Principles relating to the participation of people with disability  

   PART 1--BECOMING A PARTICIPANT

   18.     Person may make a request to become a participant  
   19.     Matters relating to access requests  
   20.     CEO must consider and decide access requests  
   21.     When a person meets the access criteria  
   22.     Age requirements  
   23.     Residence requirements  
   24.     Disability requirements  
   25.     Early intervention requirements  
   26.     Requests that the CEO may make  
   27.     National Disability Insurance Scheme rules relating to disability requirements and early intervention requirements  
   28.     When a person becomes a participant  
   29.     When a person ceases to be a participant  
   30.     Revocation of participant status  

   PART 2--PARTICIPANTS' PLANS

           Division 1--Principles relating to plans

   31.     Principles relating to plans  

           Division 2--Preparing participants' plans

   32.     CEO must facilitate preparation of participant's plan  
   32A.    Rules about preparation of plans  
   33.     Matters that must be included in a participant's plan  
   34.     Reasonable and necessary supports  
   35.     National Disability Insurance Scheme rules for statement of participant supports  
   36.     Information and reports for the purposes of preparing and approving a participant's plan  
   37.     When plan is in effect  
   38.     Copy of plan to be provided  
   39.     Agency must comply with the statement of participant supports  
   40.     Effect of temporary absence on plans  
   41.     Suspension of plans  

           Division 3--Managing the funding for supports under participants' plans

   42.     Meaning of managing the funding for supports under a participant's plan  
   43.     Choice for the participant in relation to plan management  
   44.     Circumstances in which participant must not manage plan to specified extent  
   45.     Payment of NDIS amounts  
   46.     Acquittal of NDIS amounts  

           Division 4--Reviewing and changing participants' plans

   47.     Participant may change participant's statement of goals and aspirations at any time  
   48.     Review of participant's plan  
   49.     Outcome of review  
   50.     Information and reports for the purposes of reviewing a participant's plan  
            

CHAPTER 4--Administration
            

   PART 1--GENERAL MATTERS

           Division 1--Participants and prospective participants

   51.     Requirement to notify change of circumstances  
   52.     Requirements relating to notices  
   53.     Power to obtain information from participants and prospective participants to ensure the integrity of the National Disability Insurance Scheme  
   54.     Written notice of requirement  

           Division 2--Other persons

   55.     Power to obtain information from other persons to ensure the integrity of the National Disability Insurance Scheme  
   56.     Written notice of requirement  
   57.     Offence--refusal or failure to comply with requirement  

           Division 3--Interaction with other laws

   58.     Obligations not affected by State or Territory laws  
   59.     Interaction with Commonwealth laws  

   PART 2--PRIVACY

   60.     Protection of information held by the Agency etc.  
   61.     Offence--unauthorised access to protected information  
   62.     Offence--unauthorised use or disclosure of protected information  
   63.     Offence--soliciting disclosure of protected information  
   64.     Offence--offering to supply protected information  
   65.     Protection of certain documents etc. from production to court etc.  
   66.     Disclosure of information by CEO  
   67.     National Disability Insurance Scheme rules for exercise of CEO's disclosure powers  
   68.     Part does not affect the operation of the Freedom of Information Act 1982  

   PART 3--REGISTERED PROVIDERS OF SUPPORTS

   69.     Application to be a registered provider of supports  
   70.     Registered providers of supports  
   71.     When a person or entity ceases to be a registered provider of supports  
   72.     Revocation of approval as a registered provider of supports  
   73.     National Disability Insurance Scheme rules for registered providers of supports  

   PART 4--CHILDREN

   74.     Children  
   75.     Definition of parental responsibility  
   76.     Duty to children  
   77.     Revocation of determinations under section 74  

   PART 5--NOMINEES

           Division 1--Functions and responsibilities of nominees

   78.     Actions of plan nominee on behalf of participant  
   79.     Actions of correspondence nominee on behalf of participant  
   80.     Duty of nominee to participant  
   81.     Giving of notices to correspondence nominee  
   82.     Compliance by correspondence nominee  
   83.     Nominee to inform Agency of matters affecting ability to act as nominee  
   84.     Statement by plan nominee regarding disposal of money  
   85.     Right of nominee to attend with participant  

           Division 2--Appointment and cancellation or suspension of appointment

   86.     Appointment of plan nominee  
   87.     Appointment of correspondence nominee  
   88.     Provisions relating to appointments  
   89.     Circumstances in which the CEO must cancel appointment of nominees  
   90.     General circumstances in which CEO may cancel or suspend appointment of nominees  
   91.     Suspension etc. of appointment of nominees in cases of physical, mental or financial harm  
   92.     Other matters relating to cancellation or suspension of appointment  
   93.     National Disability Insurance Scheme rules may prescribe requirements etc.  
   94.     CEO's powers of revocation  

           Division 3--Other matters relating to nominees

   95.     CEO's powers to give notices to participant  
   96.     Notification of nominee where notice is given to participant  
   97.     Protection of participant against liability for actions of nominee  
   98.     Protection of nominee against criminal liability  

   PART 6--REVIEW OF DECISIONS

   99.     Reviewable decisions  
   100.    Review of reviewable decisions  
   101.    Variation of reviewable decision before review completed  
   102.    Withdrawal of request for review  
   103.    Applications to the Administrative Appeals Tribunal  
            

CHAPTER 5--Compensation payments
            

   PART 1--REQUIREMENT TO TAKE ACTION TO OBTAIN COMPENSATION

   104.    CEO may require person to take action to obtain compensation  
   105.    Consequences of failure to comply with a requirement to take action to obtain compensation  
   105A.   Matters relating to claims etc. by CEO  
   105B.   Recovery of amounts relating to claims etc. by CEO  

   PART 2--AGENCY MAY RECOVER COMPENSATION FIXED AFTER NDIS AMOUNTS HAVE BEEN PAID

   106.    Recovering past NDIS amounts from certain judgements  
   107.    Recovering past NDIS amounts from consent judgements and settlements  
   108.    Debts resulting from section 106 or 107  

   PART 3--RECOVERY FROM COMPENSATION PAYERS AND INSURERS

   109.    CEO may send preliminary notice to potential compensation payer or insurer  
   110.    Offence--potential compensation payer or insurer  
   111.    CEO may send recovery notice to compensation payer or insurer  
   112.    Preliminary notice or recovery notice suspends liability to pay compensation  
   113.    Compensation payer's or insurer's payment to Agency discharges liability to participant  
   114.    Offence--making compensation payment after receiving preliminary notice or recovery notice  
   115.    Liability to pay the Agency if there is a contravention of section 114  

   PART 4--CEO--MAY DISREGARD CERTAIN PAYMENTS

   116.    CEO may disregard certain payments  
            

CHAPTER 6--National Disability Insurance Scheme Launch Transition Agency
            

   PART 1--NATIONAL DISABILITY INSURANCE SCHEME LAUNCH TRANSITION AGENCY

   117.    Establishment  
   118.    Functions of the Agency  
   119.    Powers of the Agency  
   120.    Charging of fees  
   121.    Minister may give directions to the Agency  
   122.    Agency does not have privileges and immunities of the Crown  

   PART 2--BOARD OF THE AGENCY

           Division 1--Establishment and functions

   123.    Establishment  
   124.    Functions of the Board  
   125.    Minister may give the Board a statement setting out strategic guidance for the Agency  
   125A.   Functions to be performed having regard to actuarial analysis and advice  

           Division 2--Members of the Board

   126.    Membership  
   127.    Appointment of Board members  
   128.    Term of appointment  
   129.    Acting appointments  
   130.    Remuneration and allowances  
   131.    Leave of absence  
   132.    Outside employment  
   133.    Resignation of Board members  
   134.    Termination of appointment of Board members  
   135.    Other terms and conditions of Board members  

           Division 3--Meetings of the Board

   136.    Convening meetings  
   137.    Presiding at meetings  
   138.    Quorum  
   139.    Voting at meetings  
   140.    Conduct of meetings  
   141.    Minutes  
   142.    Decisions without meetings  

   PART 3--INDEPENDENT ADVISORY COUNCIL

           Division 1--Establishment and function

   143.    Establishment  
   144.    Function of the Advisory Council  
   145.    Advice of the Advisory Council  

           Division 2--Members of the Advisory Council

   146.    Membership  
   147.    Appointment of members of the Advisory Council  
   148.    Term of appointment  
   149.    Acting appointments  
   150.    Remuneration and allowances  
   151.    Leave of absence  
   152.    Disclosure of interests to the Minister  
   153.    Disclosure of interests to the Advisory Council  
   154.    Resignation of members of the Advisory Council  
   155.    Termination of appointment of members of the Advisory Council  
   156.    Other terms and conditions of members of the Advisory Council  

           Division 3--Procedures of the Advisory Council

   157.    Procedures of the Advisory Council  

   PART 4--CHIEF EXECUTIVE OFFICER AND STAFF ETC.

           Division 1--Chief Executive Officer

   158.    Establishment  
   159.    Functions of the CEO  
   160.    Appointment of the CEO  
   161.    Acting appointments  
   162.    Remuneration and allowances  
   163.    Leave of absence  
   164.    Outside employment  
   165.    Disclosure of interests  
   166.    Resignation of the CEO  
   167.    Termination of appointment of the CEO  
   168.    Other terms and conditions of the CEO  

           Division 2--Staff etc

   169.    Staff  
   170.    Services of other persons to be made available to the Agency  
   171.    Consultants  
   171A.   Transitional provisions for staff of the Agency  

   PART 5--REPORTING AND PLANNING

           Division 1--Reporting

              Subdivision A--Reporting by Board members

   172.    Annual report  
   173.    Giving certain information to the Ministerial Council  
   174.    Quarterly report to the Ministerial Council  

              Subdivision B--Reporting by the Agency

   175.    Giving information requested by Commonwealth, State or Territory Ministers  

              Subdivision C--Reporting by the Minister

   176.    Giving certain information to the Ministerial Council  

           Division 2--Planning

   177.    Corporate plan  

   PART 6--FINANCE

   178.    Payments to the Agency by the Commonwealth  
   179.    Payments to the Agency by the host jurisdictions  
   180.    Application of money by the Agency  

   PART 6A--ACTUARIAL ASSESSMENT OF FINANCIAL SUSTAINABILITY

           Division 1--Scheme actuary and annual financial sustainability report

   180A.   Nomination of scheme actuary  
   180B.   Duties of scheme actuary  
   180C.   Rules for performance of scheme actuary's duties  

           Division 2--Reviewing actuary

   180D.   Nomination of reviewing actuary  
   180E.   Duties of reviewing actuary  

           Division 3--Assistance of scheme actuary and reviewing actuary

   180F.   Agency to assist scheme actuary and reviewing actuary  

   PART 7--MISCELLANEOUS

   181.    Taxation  
            

CHAPTER 7--Other matters
            

   PART 1--DEBT RECOVERY

           Division 1--Debts

   182.    Debts due to the Agency  

           Division 2--Methods of recovery

   183.    Legal proceedings  
   184.    Arrangement for payment of debt  
   185.    Recovery of amounts from financial institutions  

           Division 3--Information relating to debts

   186.    Power to obtain information from a person who owes a debt to the Agency  
   187.    Power to obtain information about a person who owes a debt to the Agency  
   188.    Written notice of requirement  
   189.    Offence--refusal or failure to comply with requirement  

           Division 4--Non-recovery of debts

   190.    CEO may write off debt  
   191.    Power to waive Agency's right to recover debt  
   192.    Waiver of debt arising from error  
   193.    Waiver of small debt  
   194.    Waiver in relation to settlements  
   195.    Waiver in special circumstances  

   PART 2--GENERAL MATTERS

   196.    Method of notification by CEO  
   197.    CEO not required to make a decision  
   198.    Protection of participant against liability for actions of persons  
   199.    Protection against criminal liability  
   200.    Evidentiary effect of CEO's certificate  
   200A.   Legal assistance for review not funded  
   201.    Delegation by the Minister  
   202.    Delegation by the CEO  
   203.    Application of Act to unincorporated bodies  
   204.    Time frames for decision making  

   PART 3--CONSTITUTIONAL MATTERS

   205.    Act binds Crown  
   206.    Alternative constitutional basis  
   207.    Concurrent operation of State laws  

   PART 4--REVIEW OF THE ACT

   208.    Review of operation of Act  

   PART 5--LEGISLATIVE INSTRUMENTS

   209.    The National Disability Insurance Scheme rules  
   210.    Regulations  
           SCHEDULE 1 Transitional provisions for staff of the Agency