NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 201 Delegation by the Minister to the CEO

NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 201

  (1)   The Minister may, in writing, delegate to the CEO his or her powers under section   209.

  (2)   The Minister must not delegate to the CEO his or her powers under section   209 unless each host jurisdiction has agreed to the delegation.

Process for seeking agreement

  (2A)   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 delegation 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 instrument of delegation to that host jurisdiction Minister.

  (2B)   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 delegation; and

  (b)   no host jurisdiction Minister for that host jurisdiction has made a request under subsection   (2C);

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

  (2C)   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 delegation:

  (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 delegation, then, at the end of that period, that host jurisdiction is taken to have so agreed.

CEO must comply with Ministerial directions

  (3)   When exercising powers under a delegation, the CEO must comply with any directions of the Minister.

Limit on delegation

  (4)   Despite subsection   (1), the power to make National Disability Insurance Scheme rules for the purposes of the provisions listed in subsection   201A(1) may not be delegated to the CEO.