NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 (NO. 20, 2013)

Table of Provisions

• Long Title
 

CHAPTER 1--Introduction

PART 1--PRELIMINARY

• 1 Short title  
• 2 Commencement  

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  
• 10 Definition of host jurisdiction  
• 11 Definitions relating to compensation  

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  
• 32A Rules about preparation of plans  
• 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 of managing the funding for supports under a participant's plan  
• 43 Choice for the participant in relation to plan management  
• 44 Circumstances in which participant must not manage plan to specified extent  
• 45 Payment of NDIS amounts  
• 46 Acquittal of NDIS amounts  

Division 4--Reviewing and changing participants' plans

• 47 Participant may change participant's statement of goals and aspirations at any time  
• 48 Review of participant's plan  
• 49 Outcome of review  
• 50 Information and reports for the purposes of reviewing a participant's plan  
 

CHAPTER 4--Administration

PART 1--GENERAL MATTERS

Division 1--Participants and prospective 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 to obtain information from other persons to ensure the integrity of the National Disability Insurance Scheme  
• 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

• 60 Protection of information held by the Agency etc.  
• 61 Offence--unauthorised access to protected information  
• 62 Offence--unauthorised use or disclosure of protected information  
• 63 Offence--soliciting disclosure of protected information  
• 64 Offence--offering to supply protected information  
• 65 Protection of certain documents etc. from production to court etc.  
• 66 Disclosure of information by CEO  
• 67 National Disability Insurance Scheme rules for exercise of CEO's disclosure powers  
• 68 Part does not affect the operation of the Freedom of Information Act 1982  

PART 3--REGISTERED PROVIDERS OF SUPPORTS

• 69 Application to be a registered provider of supports  
• 70 Registered providers of supports  
• 71 When a person or entity ceases to be a registered provider of supports  
• 72 Revocation of approval as a registered provider of supports  
• 73 National Disability Insurance Scheme rules for registered providers of supports  

PART 4--CHILDREN

• 74 Children  
• 75 Definition of parental responsibility  
• 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 Duty of nominee to participant  
• 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  
• 100 Review of reviewable decisions  
• 101 Variation of reviewable decision 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 Scheme Launch Transition Agency

PART 1--NATIONAL DISABILITY INSURANCE SCHEME LAUNCH TRANSITION AGENCY

• 117 Establishment  
• 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 Establishment  
• 124 Functions of the Board  
• 125 Minister may give the Board a statement setting out strategic guidance for the Agency  
• 125A Functions to be performed having regard to actuarial analysis and advice  

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  
• 171A Transitional provisions for staff of the Agency  

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  
Subdivision B--Reporting by the Agency
• 175 Giving information requested by Commonwealth, State or Territory Ministers  
Subdivision C--Reporting by the Minister
• 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 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  
• 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  
• 202 Delegation by the CEO  
• 203 Application of Act to unincorporated bodies  
• 204 Time frames for decision making  

PART 3--CONSTITUTIONAL MATTERS

• 205 Act binds Crown  
• 206 Alternative constitutional basis  
• 207 Concurrent operation of State laws  

PART 4--REVIEW OF THE ACT

• 208 Review of operation of Act  

PART 5--LEGISLATIVE INSTRUMENTS

• 209 The National Disability Insurance Scheme rules  
• 210 Regulations  
• SCHEDULE 1 Transitional provisions for staff of the Agency