NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 121 Minister may give directions to the Agency

NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 121

  (1)   The Minister may, by legislative instrument, give directions to the Agency about the performance of its functions.

Note:   Section   42 (disallowance) and Part   4 of Chapter   3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).

  (2)   A direction given under subsection   (1):

  (a)   must not relate to a particular individual; and

  (b)   must not be inconsistent with:

  (i)   this Act, the regulations or an instrument made under this Act; or

  (ii)   the Public Governance, Performance and Accountability Act 2013 , or any instrument made under that Act.

  (3)   The Minister must not give a direction under subsection   (1) unless the Commonwealth and each host jurisdiction agree to the giving of the direction.

Process for seeking agreement

  (3A)   The Minister must:

  (a)   give a notice (the original notice ) in writing to one host jurisdiction Minister for each host jurisdiction seeking the agreement of that host jurisdiction to the giving of the direction and requesting the agreement be given before the end of 28 days beginning on the day the notice is given; and

  (b)   provide a copy of the proposed direction to that host jurisdiction Minister.

  (3B)   If, immediately before the end of that 28 - day period:

  (a)   no host jurisdiction Minister for a host jurisdiction has informed the Minister whether that host jurisdiction agrees to the giving of the direction; and

  (b)   no host jurisdiction Minister for that host jurisdiction has made a request under subsection   (3C);

then, at the end of that period, that host jurisdiction is taken to have agreed to the giving of the direction.

  (3C)   If, before the end of that 28 - day period, a host jurisdiction Minister for a host jurisdiction gives a notice in writing to the Minister requesting a longer period within which that host jurisdiction may agree to the giving of the direction:

  (a)   that host jurisdiction may give that agreement before the end of 90 days beginning on the day the original notice was given; and

  (b)   if, immediately before the end of that 90 - day period, no host jurisdiction Minister for that host jurisdiction has informed the Minister whether that host jurisdiction agrees to the giving of the direction, then, at the end of that period, that host jurisdiction is taken to have so agreed.

Agency must comply with direction

  (4)   The Agency must comply with a direction given under subsection   (1).