NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 209 The National Disability Insurance Scheme rules
NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 209
The National Disability Insurance Scheme rules(1) The Minister may, by legislative instrument, make rules called the National Disability Insurance Scheme rules prescribing matters:
(a) required or permitted by this Act to be prescribed by the National Disability Insurance Scheme rules; or
(b) necessary or convenient to be prescribed in order to carry out or give effect to this Act.
(1A) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901 , rules made for the purposes of subsection (1) of this section:
(a) may be of general application or may be limited as provided in the rules; and
(b) may make different provision in relation to different kinds of providers, supports, services, circumstances or any other matter.
(2) Despite section 14 of the Legislation Act 2003 , National Disability Insurance Scheme rules may make provision for or in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.
(2A) The National Disability Insurance Scheme rules may provide for:
(a) the CEO to specify assessment tools; and
(b) the circumstances in which the CEO is to use the tools; and
(c) matters relating to how the Agency, the CEO and other specified persons are to engage with participants or prospective participants; and
(d) matters relating to how participants or prospective participants are to engage with the Agency, the CEO and other specified persons.
(3) When making National Disability Insurance Scheme rules, the Minister must have regard to:
(a) the objects and principles of this Act; and
(b) the need to ensure the financial sustainability of the National Disability Insurance Scheme.
(4) The Minister must not make Category A National Disability Insurance Scheme rules unless the Commonwealth and each host jurisdiction have agreed to the making of the rules.
(5) The Minister must not make Category B National Disability Insurance Scheme rules relating to an area, law or program of a host jurisdiction unless the host jurisdiction has agreed to the making of the rules.
(6) The Minister must not make Category C National Disability Insurance Scheme rules unless the Commonwealth and a majority of host jurisdictions have agreed to the making of the rules.
(7) The Minister must not make Category D National Disability Insurance Scheme rules unless each host jurisdiction has been consulted in relation to the making of the rules.
(8) The following table sets out the categories of National Disability Insurance Scheme rules for the purposes of this section.
Categories of National Disability Insurance Scheme rules | ||
Item | Category of rules | Description |
1 | Category A National Disability Insurance Scheme rules | Rules made for the purposes of any of the following provisions: (aa) subsection 14(3); (a) section 17; (ba) section 25; (c) section 27; (d) section 33, other than paragraph 33(4)(a); (e) section 35; (ea) section 44; (eb) paragraph 47A(1)(b) and subsection 47A(6); (f) subsection 48(5); (h) section 74; (i) section 75; (j) section 76; (k) section 80; (l) section 88; (m) section 93. All other rules, except Category B National Disability Insurance Scheme rules, Category C National Disability Insurance Scheme rules and Category D National Disability Insurance Scheme rules |
2 | Category B National Disability Insurance Scheme rules | Rules made for the purposes of any of the following provisions: (a) paragraphs 21(2)(b) and (d); (d) section 58; (e) section 73H, to the extent that the rules deal with conditions on classes of registration relating to behaviour support; (f) subsection 73T(1), to the extent that the NDIS Practice Standards deal with the screening of workers involved in the provision of supports or services to people with disability under the National Disability Insurance Scheme. |
3 | Category C National Disability Insurance Scheme rules | Rules made for the purposes of any of the following provisions: (a) paragraph 20(2)(b); (b) paragraph 33(4)(a); (c) paragraph 47A(8)(a); (d) paragraph 48(8)(a); (e) subsection 49(2); (f) section 50J; (g) paragraphs 89(1)(c) and (3)(c); (h) subparagraph 90(3)(a)(ii); (i) paragraph 100(6A)(a); (j) subsection 174(3); (k) section 204; (l) subsection 204A(1); (m) paragraphs (2A)(c) and (d) of this section. |
4 | Category D National Disability Insurance Scheme rules | Rules made for the purposes of any of the following provisions: (a) paragraph (b) of the definition of NDIS provider in section 9; (b) section 40; (ba) section 45; (c) section 46; (ca) section 67; (cb) paragraph 67A(1)(db); (d) section 67F; (e) subsection 73B(1); (f) paragraphs 73E(1)(d), (e) and (f); (g) section 73H, other than to the extent covered by table item 2; (h) paragraphs 73N(1)(d), (e) and (f); (i) paragraphs 73P(1)(d), (e) and (f); (j) section 73Q; (k) subsection 73T(1), other than to the extent covered by table item 2; (l) subsection 73V(1); (m) paragraph 73W(b); (n) subsection 73X(1); (o) paragraph 73Y(b); (p) subsections 73Z(1) and (5); (q) paragraph 73ZM(2)(h); (qa) subparagraphs 73ZN(1)(b)(iii) and (2)(a)(iii) and paragraph 73ZN(2A)(a); (r) paragraphs 73ZS(2A)(d), (2B)(d), (3)(l), (4)(h) and (5)(f); (s) subsection 73ZS(7); (t) subsection 99(2); (u) section 106; (v) section 107; (w) section 182; (x) section 194. |
(8A) In seeking the agreement of a host jurisdiction to the making of rules under this section, the Minister must:
(a) give a notice (the original notice ) in writing to one host jurisdiction Minister for that host jurisdiction seeking the agreement of that host jurisdiction to the making of the rules 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 rules to that host jurisdiction Minister.
(8B) 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 making of the rules; and
(b) no host jurisdiction Minister for that host jurisdiction has made a request under subsection (8C);
then, at the end of that period, that host jurisdiction is taken to have agreed to the making of the rules.
(8C) 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 making of the rules:
(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 making of the rules, then, at the end of that period, that host jurisdiction is taken to have so agreed.
(9) To avoid doubt, the National Disability Insurance Scheme rules may not do the following:
(a) create an offence or civil penalty;
(ii) entry, search or seizure;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) directly amend the text of this Act.
(10) National Disability Insurance Scheme rules that are
inconsistent with the regulations have no effect to the extent of the
inconsistency, but National Disability Insurance Scheme rules are taken to be
consistent with the regulations to the extent that the
National Disability Insurance Scheme rules are capable of operating
concurrently with the regulations.