NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 210 Regulations
NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 210
Regulations(1) The Governor - General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) Before the Governor - General makes regulations under subsection (1), the Minister must:
(a) if the regulations are for the purposes of section 130, 150 or 162 (which relate to the remuneration and allowances of Board members, members of the Advisory Council and the CEO)--consult the host jurisdictions about the making of the regulations; or
(b) otherwise--be satisfied that the Commonwealth and each host jurisdiction have agreed to the making of the regulations.
Process for seeking agreement of host jurisdiction
(3) In seeking the agreement of a host jurisdiction to the making of regulations 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 regulations 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 regulations to that host jurisdiction Minister.
(4) 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 regulations; and
(b) no host jurisdiction Minister for that host jurisdiction has made a request under subsection (5);
then, at the end of that period, that host jurisdiction is taken to have agreed to the making of the regulations.
(5) 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 regulations:
(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 regulations, then, at the end of that period, that host jurisdiction is taken to have so agreed.
This Act provides for the National Disability Insurance Scheme.
The National Disability Insurance Scheme comprises:
(a) the provision of services or activities that are in the nature of coordination, strategic or referral services or activities (Chapters 2 and 3); and
(b) funding for persons or entities to enable them to assist people with disability to participate in economic and social life (Chapter 2); and
(c) individual plans under which reasonable and necessary supports will be funded for certain people, called participants (Chapter 3).
This Act includes administrative provisions supporting the operation of the National Disability Insurance Scheme (Chapters 4 and 5), such as:
(a) provisions to ensure the National Disability Insurance Scheme's integrity, including limited powers to obtain information, and requirements relating to protection of information; and
(b) provisions relating to children; and
(c) provisions for nominees; and
(d) provisions for review of decisions; and
(e) provisions about the treatment of compensation.
This Act also provides for the regulation of persons and entities who provide supports and services to people with disability under the National Disability Insurance Scheme. It also regulates supports and services provided outside the National Disability Insurance Scheme in certain circumstances.
A person with disability may receive supports or services from registered NDIS providers (Part 3A of Chapter 4). Supports and services may also be received from providers who are not registered.
This Act also creates the National Disability Insurance Agency (Chapter 6).
The functions of the Agency include delivering the National Disability Insurance Scheme.
The Agency also has more general functions, such as:
(a) developing and enhancing the disability sector, including by facilitating innovation, research and contemporary best practice in the sector; and
(b) building community awareness of disabilities and the social contributors to disabilities.
(a) establishes the Board of the Agency; and
(b) establishes an Independent Advisory Council; and
(c) provides for the Chief Executive Officer and staff of the Agency; and
(d) provides for reporting and financial matters.
The NDIS Quality and Safeguards Commission and the office of the NDIS Quality and Safeguards Commissioner are also established by this Act (Chapter 6A).
The functions of the Commissioner include:
(a) functions relating to the quality and safety of services and supports provided to people with disability; and
(b) registering and overseeing the operation of NDIS providers; and
(c) managing and resolving complaints about NDIS providers; and
(d) providing leadership in relation to behaviour supports; and
(e) establishing, operating and maintaining the NDIS worker screening database (Chapter 6B).
Chapter 7 includes provisions relating to general matters, such as:
(a) debts; and
(c) legislative instruments.
• The Commissioner must establish, operate and maintain the NDIS worker screening database.
• The database will keep a record of decisions made in relation to persons who have made an application for an assessment of whether they, in working, or seeking to work, with people with disability pose a risk to such people.
• One of the purposes of the database is to share information in
the database with persons or bodies (including employers and potential
employers) for the purposes of the National Disability Insurance Scheme.