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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
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