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StatuteNational Disability Insurance Scheme Act 2013

Section 21 — National Disability Insurance Scheme Act 2013: When a person meets the access criteria

Text of the provision Official document

(1) A person meets the access criteria if: (a) the CEO is satisfied that the person meets the age requirements (see section 22); and (b) the CEO is satisfied that, at the time of considering the request, the person meets the residence requirements (see section 23); and (c) the CEO is satisfied that, at the time of considering the request: (i) the person meets the disability requirements (see section 24); or (ii) the person meets the early intervention requirements (see section 25). (2) For the purposes of paragraph (1)(c), the CEO must separately consider and decide: (a) whether or not the prospective participant meets the disability requirements; and (b) whether or not the prospective participant meets the early intervention requirements. (3) The CEO is taken to have decided that the prospective participant does not meet the access criteria if: (a) the CEO does not do a thing referred to in paragraph 20(1)(a) or (b) within the period applicable under section 20; or (b) if subsection 26(2) applies—the CEO does not do one of the things referred to in that subsection within the 14-day period referred to in that subsection. Note: Notice of a decision that the CEO is taken to have made must be given because of subsection 100(1) and will be automatically reviewed because of subsection 100(5).

Official source: Federal Register of Legislation

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Statutory text from an official public source. Informational content — does not replace advice from a qualified legal practitioner.