Section 118 — National Disability Insurance Scheme Act 2013: Functions of the Agency

(1) The Agency has the following functions: (a) to deliver the National Disability Insurance Scheme so as to: (i) support the independence, and social and economic participation, of people with disability; and (ii) enable people with disability to exercise choice and control in the pursuit of their goals and the planning and delivery of their supports; and (iii) ensure that the decisions and preferences of people with disability are respected and given appropriate priority; and (iv) promote the provision of high quality and innovative supports that enable people with disability to maximise independent lifestyles and inclusion in the community; and (v) ensure that a reasonable balance is achieved between safety and the right of people with disability to choose to participate in activities involving risk; (b) to manage, and to advise and report on, the financial sustainability of the National Disability Insurance Scheme including by: (i) regularly making and assessing estimates of the current and future expenditure of the National Disability Insurance Scheme; and (ii) identifying and managing risks and issues relevant to the financial sustainability of the National Disability Insurance Scheme; and (iii) considering actuarial advice, including advice from the scheme actuary and the reviewing actuary; (ba) to prevent, detect, investigate and respond to misuse or abuse of, or criminal activity involving, the National Disability Insurance Scheme (whether systemic or otherwise) where this relates to: (i) claims for payment under the National Disability Insurance Scheme, the payment of NDIS amounts or the use of funding provided under the National Disability Insurance Scheme; or (ii) information provided to the Agency by or in relation to a participant or prospective participant, including in connection with access requests, a person’s continued status as a participant, the preparation, variation, reassessment or replacement of a participant’s plan or the management of the funding for supports under a participant’s plan; or (iii) the management of the funding for supports under a participant’s plan by, or the duties or obligations of, a nominee or person who may do a thing because of section 74, including the appointment, or the suspension or cancellation of the appointment, of a nominee or the making or revocation of a determination under paragraph 74(1)(b); (c) to develop and enhance the disability sector, including by facilitating innovation, research and contemporary best practice in the sector; (d) to build community awareness of disabilities and the social contributors to disabilities; (e) to collect, analyse and exchange data about disabilities and the supports (including early intervention supports) for people with disability; (f) to undertake research relating to disabilities, the supports (including early intervention supports) for people with disability and the social contributors to disabilities; (g) any other functions conferred on the Agency by or under this Act, the regulations or an instrument made under this Act; (h) to do anything incidental or conducive to the performance of the above functions. (2) In performing its functions, the Agency must use its best endeavours to: (a) act in accordance with any relevant intergovernmental agreements; and (b) act in a proper, efficient and effective manner; and (c) ensure the financial sustainability of the National Disability Insurance Scheme.