NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 (NO. 20, 2013) - SECT 9 Definitions
NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 (NO. 20, 2013) - SECT 9
DefinitionsIn this Act:
"access request" has the meaning given by section 18.
"Advisory Council" means the Independent Advisory Council established by section 143.
"Agency" means the National Disability Insurance Scheme Launch Transition Agency established by section 117.
"annual financial sustainability report" means a report prepared under subsection 180B(1).
"Board" means the Board of the Agency established by section 123.
"Board member" means a member of the Board (and includes the Chair).
"CAC Act" means the Commonwealth Authorities and Companies Act 1997 .
"carer" means an individual who:
(a) provides personal care, support and assistance to another individual who needs it because that other individual is a person with disability; and
(b) does not provide the care, support and assistance:
(i) under a contract of service or a contract for the provision of services; or
(ii) in the course of doing voluntary work for a charitable, welfare or community organisation; or
(iii) as part of the requirements of a course of education or training.
"centrelink program" has the same meaning as in the Human Services (Centrelink) Act 1997 .
"CEO" means the Chief Executive Officer of the Agency.
"Chair" means the Chair of the Board.
"child" means a person who is under 18 years of age.
"COAG" means the Council of Australian Governments.
"community care" has the same meaning as in the Aged Care Act 1997 .
"compensation" has the meaning given by section 11.
"correspondence nominee" means a person who is appointed as the correspondence nominee of a participant under section 87.
"cover" , in relation to an enterprise agreement, has the same meaning as in the Fair Work Act 2009 .
"developmental delay" means a delay in the development of a child under 6 years of age that:
(a) is attributable to a mental or physical impairment or a combination of mental and physical impairments; and
(b) results in substantial reduction in functional capacity in one or more of the following areas of major life activity:
(i) self-care;
(ii) receptive and expressive language;
(iii) cognitive development;
(iv) motor development; and
(c) results in the need for a combination and sequence of special interdisciplinary or generic care, treatment or other services that are of extended duration and are individually planned and coordinated.
"early intervention supports" means supports that are identified in the National Disability Insurance Scheme rules as early intervention supports.
"enterprise agreement" has the same meaning as in the Fair Work Act 2009 .
"enters into an agreement to give up his or her right to compensation" : a participant or prospective participant enters into an agreement to give up his or her right to compensation if he or she:
(a) enters into an agreement to waive his or her right to compensation; or
(b) enters into an agreement to withdraw his or her claim for compensation.
"entity" means a partnership or an unincorporated association.
"entry" , in relation to a person and a residential care service, has the same meaning as in the Aged Care Act 1997 .
"FaHCSIA agreement" means the enterprise agreement known as the Department of Families, Housing, Community Services and Indigenous Affairs Enterprise Agreement 2012-2014 approved on 24 April 2012 in decision [2012] FWAA 3549.
"Finance Minister" means the Minister administering the Financial Management and Accountability Act 1997 .
"financial institution" means a corporation that is an ADI for the purposes of the Banking Act 1959 .
"general supports" has the meaning given by subsection 13(2).
"grace period" has the meaning given by subsection 40(2).
"holder" , in relation to a visa, has the same meaning as in the Migration Act 1958 .
"host jurisdiction" has the meaning given by section 10.
"managing the funding for supports " under a participant's plan has the meaning given by section 42.
"medicare program" has the same meaning as in the Human Services (Medicare) Act 1973 .
"meets the access criteria" has the meaning given by section 21.
"meets the age requirements" has the meaning given by section 22.
"meets the disability requirements" has the meaning given by section 24.
"meets the early intervention requirements" has the meaning given by section 25.
"meets the residence requirements" has the meaning given by section 23.
"Ministerial Council" means a body:
(a) that consists of Ministers of the Commonwealth, States and Territories; and
(b) that has been designated by COAG as having responsibilities relating to the National Disability Insurance Scheme.
"National Disability Insurance Scheme" means:
(a) the arrangements set out in Chapter 2; and
(b) the arrangements set out in Chapter 3 in relation to people who meet the residence requirements because of their residence in a prescribed area and meet the age requirements (if any) in relation to a prescribed area; and
(c) the arrangements referred to in paragraph (b) as they apply when those arrangements are not limited on the basis of residence in a prescribed area.
"National Disability Insurance Scheme launch" means:
(a) the arrangements set out in Chapter 2; and
(b) the arrangements set out in Chapter 3 in relation to people who meet the residence requirements because of their residence in a prescribed area and meet the age requirements (if any) in relation to the prescribed area.
"National Disability Insurance Scheme rules" means the rules mentioned in section 209.
"NDIS amount" means an amount paid under the National Disability Insurance Scheme in respect of reasonable and necessary supports funded under a participant's plan.
"nominee" means the correspondence nominee of a participant or the plan nominee of a participant .
(a) a member of the staff of the Agency under section 169; or
(b) a person assisting the Agency under section 170.
"parent" : without limiting who is a parent of anyone for the purposes of this Act, a person is the parent of another person if the other person is a child of the person within the meaning of the Family Law Act 1975 .
"parental responsibility" has the meaning given by section 75.
"participant" means a person who is a participant in the National Disability Insurance Scheme launch (see sections 28, 29 and 30).
"participant's impairment" means an impairment in relation to which the participant meets the disability requirements, or the early intervention requirements, to any extent.
"participant's statement of goals and aspirations" has the meaning given by subsection 33(1).
"permanent visa" has the same meaning as in the Migration Act 1958 .
"plan" , for a participant, means the participant's plan that is in effect under section 37.
"plan management request" has the meaning given by subsection 43(1).
"plan nominee" means a person who is appointed as the plan nominee of a participant under section 86.
"prescribed area" means an area prescribed by the National Disability Insurance Scheme rules for the purposes of paragraph 22(2)(a) or subsection 23(3).
"Principal Member" means the Principal Member of the Advisory Council.
"prospective participant" means a person in relation to whom an access request has been made but not yet decided.
"prospective participant's impairment" means an impairment in relation to which the prospective participant claims to meet the disability requirements, or the early intervention requirements, to any extent.
"protected information" means:
(a) information about a person that is or was held in the records of the Agency; or
(b) information to the effect that there is no information about a person held in the records of the Agency.
"protected SCV holder" : a person is a protected SCV holder if:
(a) the person was in Australia on 26 February 2001, and was a special category visa holder on that day; or
(b) the person had been in Australia for a period of, or for periods totalling, 12 months during the 2 years immediately before 26 February 2001, and returned to Australia after that day.
"recoverable amount" has the meaning given by sections 106 and 107.
"registered plan management provider" means a registered provider of supports who is approved in relation to managing the funding for supports under plans as mentioned in paragraph 70(1)(a).
"registered provider of supports" means a person approved under section 70 as a registered provider of supports.
"residential care service" has the same meaning as in the Aged Care Act 1997 .
"reviewable decision" has the meaning given by section 99.
"review date" of a participant's plan means the date specified in the plan under paragraph 33(2)(c).
"reviewer" has the meaning given by subsection 100(5).
"reviewing actuary" means the actuary who is nominated under section 180D.
"scheme actuary" means the actuary who is nominated under section 180A.
"special category visa" has the same meaning as in the Migration Act 1958.
"statement of participant supports" has the meaning given by subsection 33(2).
"supports" includes general supports.