NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 (NO. 20, 2013) - SECT 32A Rules about preparation of plans
NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 (NO. 20, 2013) - SECT 32A
Rules about preparation of plans(1) Without limiting subsection 32(2), National Disability Insurance Scheme rules made for the purposes of that subsection may require the CEO to commence facilitating the preparation of the plan of a participant included in a class prescribed by the rules:
(a) within a period prescribed by the rules; or
(b) in circumstances prescribed by the rules.
(2) Without limiting the classes that may be prescribed as mentioned in subsection (1), a class may be prescribed by reference to one or more of the following:
(a) whether the participant's name is included on a prescribed waiting list;
(b) whether the participant is receiving support from a prescribed service provider or under a prescribed program;
(c) whether, when the participant first made an access request, he or she was not receiving supports other than informal supports in relation to his or her disability;
(d) the place of residence of the participant on a prescribed date or throughout a prescribed period;
(e) whether, when the participant first made an access request, he or she had left, or was reasonably likely to leave, school at a prescribed time or during a prescribed period;
(f) the participant's age;
(g) other matters.
(3) Despite subsection 32(2) and subsection (1) of this section, if the CEO is satisfied that, because of the urgency of the circumstances, it is appropriate to commence facilitating the preparation of a participant's plan at a particular time:
(a) the CEO may do so; and
(b) if doing so means that it is necessary not to commence facilitating the preparation of the plans of one or more other participants--the CEO may delay commencing such facilitation, so far as is reasonably necessary.
(4) The National Disability Insurance Scheme rules may prescribe matters to which the CEO is to have regard in deciding for the purposes of subsection (3) whether or not he or she is satisfied that, because of the urgency of the circumstances, it is appropriate to commence facilitating the preparation of a participant's plan.
(5) If the CEO commences or delays facilitating the preparation of a participant's plan in accordance with subsection (3), the CEO does not breach subsection 32(2), or National Disability Insurance Scheme rules made for the purposes of that subsection, in relation to the participants concerned.
(6) Without limiting subsection 32(2) of this section, National Disability Insurance Scheme rules made for the purposes of that subsection (including as mentioned in subsection (1) of this section) may do one or more of the following:
(a) prescribe a class by reference to a decision of the CEO about a matter prescribed by the rules;
(b) prescribe a period or circumstances by reference to a decision of the CEO;
(c) prescribe matters by reference to a decision of the CEO.
(7) The CEO does not have a duty to consider whether to exercise a discretion conferred upon the CEO by:
(a) subsection (3); or
(b) National Disability Insurance Scheme rules made for the purposes of subsection 32(2) (including as mentioned in subsection (1) of this section).