NATIONAL DISABILITY INSURANCE SCHEME ACT 2013
Table of Provisions
CHAPTER 1--Introduction
PART 1--PRELIMINARY
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
- 9A Approved forms
- 10B Definition of
- 11 Definitions relating to compensation
- 11A Definition of
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
- 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 ofunder a participant's plan
- 43 Choice for the participant in relation to plan management
- 44 Circumstances in which persons must not manage funding
- 45 Payment of amounts payable under the National Disability Insurance Scheme
- 46 Acquittal of NDIS amounts
- 46A Protection of NDIS amounts
- 46B Garnishee orders DIVISION 4--Varying and replacing participants' plans
- 47 Variation of participant's plan--change of participant's statement of goals and aspirations
- 47A Variation of participant's plan on request of participant or CEO's own initiative
- 48 Reassessment of participant's plan on request of participant or CEO's own initiative
- 49 Reassessment of participant's plan before plan's reassessment date
- 49A Reassessment of participant's plan in circumstances specified in plan
- 50 Information and reports for the purposes of varying or reassessing a participant's plan
CHAPTER 4--Administration
PART 1--GENERAL--MATTERS
DIVISION 1--Participants and prospective participants- 50J CEO to comply with requirements in relation to prospective participants or 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 of CEO to obtain information from other persons to ensure the integrity of the National Disability Insurance Scheme
- 55A Power of Commissioner to obtain information from other persons to ensure the integrity of the National Disability Insurance Scheme etc.
- 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
DIVISION 1--Information held by the Agency- 60 Protection of information held by the Agency etc.
- 62 Offence--unauthorised use or disclosure of protected Agency information
- 63 Offence--soliciting disclosure of protected Agency information
- 64 Offence--offering to supply protected Agency information
- 66 Disclosure of information by CEO
- 67 National Disability Insurance Scheme rules for exercise of CEO's disclosure powers DIVISION 2--Information held by the Commission
- 67A Protection of information held by the Commission etc.
- 67B Offence--unauthorised use or disclosure of protected Commission information
- 67C Offence--soliciting disclosure of protected Commission information
- 67D Offence--offering to supply protected Commission information
- 67E Disclosure of information by Commissioner
- 67F National Disability Insurance Scheme rules for exercise of Commissioner's disclosure powers DIVISION 3--Information generally
- 67G Protection of certain documents etc. from production to court etc.
- 67H Part does not affect the operation of the
PART 3A--NDIS--PROVIDERS
DIVISION 2--Registered NDIS providers- 73B Requirement to be a registered NDIS provider
- 73C Application to be a registered NDIS provider
- 73D False or misleading information or documents in application
- 73E Registration as a registered NDIS provider
- 73F Registration is subject to conditions
- 73G Conditions specified in certificate of registration
- 73H Conditions determined by NDIS rules
- 73J Registered NDIS providers must comply with conditions of registration
- 73K Extension of period for which registration is in force
- 73L Variation of registration
- 73M Application for variation of registration
- 73N Suspension of registration
- 73P Revocation of registration
- 73Q Record keeping by registered NDIS providers
- 73R Record keeping by former registered NDIS providers
- 73S Grants of financial assistance in relation to registration DIVISION 3--Quality assurance
- 73T NDIS Practice Standards
- 73U Approved quality auditors DIVISION 4--NDIS Code of Conduct
- 73V NDIS Code of Conduct DIVISION 5--Complaints management and resolution
- 73W Complaints management and resolution system--registered NDIS providers
- 73X Arrangements relating to the management and resolution of complaints DIVISION 6--Incident management--registered NDIS providers
- 73Y Incident management system
- 73Z Reportable incidents DIVISION 7--Protection of disclosers
- 73ZA Disclosures qualifying for protection
- 73ZB Disclosure that qualifies for protection not actionable etc.
- 73ZC Victimisation prohibited
- 73ZD Right to compensation DIVISION 8--Compliance and enforcement
- 73ZE Monitoring powers
- 73ZF Investigation powers
- 73ZG Use of equipment to examine or process things
- 73ZH Use of electronic equipment at other place
- 73ZI Person with knowledge of a computer or a computer system to assist access etc.
- 73ZJ Compensation for damage to electronic equipment
- 73ZK Civil penalty provisions
- 73ZL Infringement notices
- 73ZM Compliance notices
- 73ZN Banning orders
- 73ZO Variation or revocation of banning orders
- 73ZP Enforceable undertakings
- 73ZQ Injunctions
- 73ZR Appointment of inspectors and investigators DIVISION 9--NDIS Provider Register
- 73ZS NDIS Provider Register
PART 4--CHILDREN
- 74 Children
- 75 Definition of
- 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 Duties of nominees to participant etc.
- 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 and decision-makers
- 100 Review of reviewable decisions
- 101 Effect of later decisions 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 Agency
PART 1--NATIONAL--DISABILITY INSURANCE AGENCY
- 117 National Disability Insurance Agency
- 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 Board of the National Disability Insurance Agency
- 124 Functions of the Board
- 125 Minister may give the Board a statement setting out strategic guidance for the Agency
- 125A Matters to be considered in performing functions
- 125B Rules about management of risk and performance of Board's functions 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
PART 5--REPORTING--AND PLANNING
DIVISION 1--Reporting- 172 Annual report
- 173 Giving certain information to the Ministerial Council
- 174 Quarterly report to the Ministerial Council
- 175 Giving information requested by Commonwealth, State or Territory Ministers
- 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 6A--NDIS Quality and Safeguards Commission
PART 1--COMMISSION--ESTABLISHMENT AND FUNCTIONS
- 181A Establishment of the Commission
- 181B Commission's functions
PART 2--NDIS--QUALITY AND SAFEGUARDS COMMISSIONER
- 181C Commissioner
- 181D Commissioner's functions and powers
- 181E Commissioner's core functions
- 181F Commissioner's registration and reportable incident functions
- 181G Commissioner's complaints functions
- 181H Commissioner's behaviour support function
- 181J Charging of fees by Commissioner
- 181K Minister may give directions to the Commissioner
- 181L Appointment of the Commissioner
- 181M Acting appointments
- 181N Remuneration and allowances
- 181P Leave of absence
- 181Q Outside employment
- 181R Other terms and conditions
- 181S Resignation
- 181T Termination of appointment
PART 3--STAFF--ETC. OF THE COMMISSION
- 181U Staff of the Commission
- 181V Consultants
- 181W Persons assisting the Commissioner
CHAPTER 6B--NDIS worker screening database
- 181X Simplified outline of this Chapter
- 181Y NDIS worker screening database
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
- 197A Method of notification by Commissioner
- 197B Commissioner 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 to the CEO
- 201A Delegation by the Minister to the Commissioner
- 202 Delegation by the CEO
- 202A Delegation by the Commissioner
- 202B Delegation of regulatory powers
- 203 Application of Act to unincorporated bodies
- 204 Time frames for decision making by persons other than the CEO
- 204A Report by Commonwealth Ombudsman
PART 3--CONSTITUTIONAL--MATTERS
- 205 Act binds Crown
- 206 Alternative constitutional basis
- 207 Concurrent operation of State laws
- 207A State or Territory agreement required in relation to certain delegations under this Act
PART 5--LEGISLATIVE--INSTRUMENTS
- 209 The National Disability Insurance Scheme rules
- 210 Regulations