Section 32BA — National Disability Insurance Scheme Act 2013: Notice of impairments

Giving notice of impairments (1) The CEO must give a participant a notice in writing in accordance with subsection (2): (a) as soon as practicable after the participant becomes a participant; or (b) if a circumstance specified in the National Disability Insurance Scheme rules for the purposes of this paragraph applies in relation to the participant. (2) The notice must state: (a) if the participant meets the disability requirements—the categories of impairments under subsection (3) that cover the impairments in relation to which the participant meets those requirements; and (b) if the participant meets the early intervention requirements because of subparagraph 25(1)(a)(i) or (ii)—the categories of impairments under subsection (3) that cover the impairments in relation to which the participant meets those requirements; and (c) if the participant meets the early intervention requirements because of subparagraph 25(1)(a)(iii)—that the participant has developmental delay. (3) Each of the following is a category of impairments for the purposes of paragraphs (2)(a) and (b): (a) intellectual impairments; (b) cognitive impairments; (c) neurological impairments; (d) sensory impairments; (e) physical impairments; (f) impairments to which a psychosocial disability is attributable. (4) A notice given under paragraph (1)(b) replaces any previous notice given under paragraph (1)(a) or (b) to the participant. Varying notice of impairments (5) The CEO may vary a notice given under subsection (1) if: (a) either: (i) the participant applies for the variation in accordance with subsection (6); or (ii) circumstances specified in the National Disability Insurance Scheme rules for the purposes of this subparagraph exist; and (b) the CEO is satisfied that a statement in the notice is not, or is no longer, correct; and (c) any other conditions specified in the National Disability Insurance Scheme rules for the purposes of this paragraph are met. (6) An application under subparagraph (5)(a)(i) must: (a) be in the form (if any) approved by the CEO; and (b) include any information, and be accompanied by any documents, required by the CEO; and (c) be made in accordance with any other requirements specified in the National Disability Insurance Scheme rules for the purposes of this paragraph, which may include requirements as to the circumstances in which an application may, or may not, be made.