Section 99 — National Disability Insurance Scheme Act 2013: Reviewable decisions and decision-makers
Text of the provision Official document
(1) The following table sets out: (a) the reviewable decisions under this Act; and (b) the decision-maker in respect of each of those decisions. Reviewable decisions and decision-makers Item Column 1 Reviewable decision Column 2 Provision under which the reviewable decision is made Column 3 Decision-maker 1 a decision that a person does not meet the access criteria paragraph 20(1)(a), subsection 21(3) or paragraph 26(2)(c) CEO 2 a decision not to specify a period paragraph 26(2)(b) CEO 3 a decision to revoke a person’s status as a participant subsection 30(1) or (5), paragraph 30A(1)(c) or subsection 30A(7) CEO 3A a decision to vary, or not to vary, a notice given under subsection 32BA(1) subsection 32BA(5) CEO 4 a decision to approve the statement of participant supports in a participant’s plan subsection 32D(2) or 33(2) CEO 4A a decision to suspend the preparation of a new framework plan for a participant subparagraph 36(3)(b)(i) CEO 5 a decision not to extend a grace period paragraph 40(2)(b) CEO 6 a decision to vary a participant’s plan subsection 47A(1) CEO 6A a decision not to vary a participant’s plan paragraph 47A(4)(b) or subsection 47A(5) CEO 6B a decision not to vary a participant’s plan subsection 47A(8) CEO 6C a decision not to conduct a reassessment of a participant’s plan paragraph 48(3)(c) or subsection 48(4) CEO 9 a decision to refuse to register a person as a registered NDIS provider section 73E Commissioner 10 a decision to impose conditions to which a person’s registration as a registered NDIS provider is subject section 73G Commissioner 11 a decision to vary, or refuse to vary, the registration of a registered NDIS provider section 73L Commissioner 12 a decision to suspend the registration of a registered NDIS provider section 73N Commissioner 13 a decision to revoke, or not to revoke, the registration of a person as a registered NDIS provider section 73P Commissioner 13A a decision to refuse to approve a person or body as an approved quality auditor paragraph 73U(3)(b) Commissioner 13B a decision to specify conditions in an approval given under subsection 73U(1) subsection 73U(5) Commissioner 13C a decision to vary an approval given under subsection 73U(1) subsection 73U(6) Commissioner 13D a decision to revoke an approval given under subsection 73U(1) subsection 73U(8) Commissioner 14 a decision to give a compliance notice to an NDIS provider section 73ZM Commissioner 14A a decision to vary or revoke a compliance notice subsection 73ZM(4) Commissioner 15 a decision to make a banning order section 73ZN Commissioner 16 a decision to vary, or to refuse to vary or revoke, a banning order section 73ZO Commissioner 16A a decision to make an anti-promotion order section 73ZOA Commissioner 16B a decision to vary, or to refuse to vary or revoke, an anti-promotion order section 73ZOC Commissioner 17 a decision to make, or not to make, a determination in relation to a person paragraph 74(1)(b) CEO 18 a decision not to make a determination that subsections 74(1) and (2) do not apply to a child paragraph 74(5)(c) CEO 19 a decision to make, or not to make, a determination that a person has parental responsibility for a child subsection 75(2) or (3) CEO 20 a decision to appoint a plan nominee section 86 CEO 21 a decision to appoint a correspondence nominee section 87 CEO 22 a decision to cancel or suspend, or not to cancel or suspend, the appointment of a nominee section 89, 90 or 91 CEO 23 a decision to give a notice to require a person to take reasonable action to claim or obtain compensation section 104 CEO 24 a decision to refuse to extend a period subsection 104(5A) CEO 25 a decision to take action to claim or obtain compensation paragraph 105(4)(a) CEO 26 a decision to take over the conduct of a claim paragraph 105(4)(b) CEO 27 a decision to give a notice that the CEO proposes to recover an amount section 111 CEO 28 a decision not to treat the whole or part of a compensation payment as not having been fixed by a judgment or settlement section 116 CEO 29 a decision not to write off a debt section 190 CEO 30 a decision that the CEO is not required to waive a debt section 192 CEO 31 a decision not to waive a debt section 193 CEO 32 a decision that the CEO is not required to waive a debt subsection 194(3) or (4) CEO 33 a decision not to waive a debt section 195 CEO (2) The National Disability Insurance Scheme rules may: (a) provide that a decision made under a specified provision of the rules is a reviewable decision; and (b) specify the decision-maker in respect of the reviewable decision.
Official source: Federal Register of Legislation
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