National Disability Insurance Scheme Act 2013
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Short title
This Act may be cited as the National Disability Insurance Scheme Act 2013.
Section 2 — Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect…
Section 3 — Objects of Act
(1) The objects of this Act are to: (a) in conjunction with other laws, give effect to Australia’s obligations under the Convention on the Rights of Persons with Disabilities done at New York on 13…
Section 4 — General principles guiding actions under this Act
(1) People with disability have the same right as other members of Australian society to realise their potential for physical, social, emotional and intellectual development. (2) People with…
Section 5 — General principles guiding actions of people who may do acts or things on behalf of others
It is the intention of the Parliament that, if this Act requires or permits an act or thing to be done by or in relation to a person with disability by another person, the act or thing is to be done,…
Section 6 — Agency may provide support and assistance
To support people with disability to exercise choice and control in the pursuit of their goals, the Agency may provide support and assistance (including financial assistance) to prospective…
Section 7 — Provision of notice, approved form or information under this Act etc.
(1) The contents of any notice, approved form or information given under this Act, the regulations or the National Disability Insurance Scheme rules to a person with disability must be explained by…
Section 8 — Simplified outline
The following is a simplified outline of this Act: This Act provides for the National Disability Insurance Scheme. The National Disability Insurance Scheme comprises: (a) the provision of services or…
Section 9 — Definitions
In this Act: access request has the meaning given by section 18. Advisory Council means the Independent Advisory Council established by section 143. aged care clearance decision has the same meaning…
Section 9A — Approved forms
(1) The CEO may, in writing, approve a form for the purposes of a provision of this Act. (2) For each approved form, the CEO must publish the form, or a representation of the form, on the Agency’s…
Section 10 — Definition of NDIS support
Supports that are NDIS supports (1) Subject to subsections (4) and (9), a support is an NDIS support for a person who is a participant or prospective participant if the support is declared by…
Section 10B — Definition of NDIS worker screening law
(1) The Minister may, by legislative instrument, determine a law of a State or Territory for the purposes of the definition of NDIS worker screening law in section 9, with the agreement of that State…
Section 11 — Definitions relating to compensation
(1) In this Act: compensation means a payment (with or without admission of liability) in respect of: (a) compensation or damages in respect of personal injury; or (b) personal injury, under a scheme…
Section 11A — Definition of key personnel
(1) Each of the following is one of the key personnel of a person or entity: (a) a member of the group of persons who is responsible for the executive decisions of the person or entity; (b) any other…
Section 11B — Definition of serious contravention
(1) A contravention of a provision of this Act is a serious contravention if the conduct that contravenes the provision: (a) involves a significant failure; or (b) is part of a systematic pattern of…
Section 12 — Ministerial Council functions etc.
(1) The Ministerial Council is to: (a) consider policy matters that relate to the National Disability Insurance Scheme or arise under this Act; and (b) advise the Minister about such matters; and (c)…
Section 13 — Agency may provide coordination, strategic and referral services etc. to people with disability
(1) The Agency may provide general supports to, or in relation to, people with disability who are not participants. Note: Chapter 3 deals with the provision of general supports to, or in relation to,…
Section 14 — Agency may provide funding to persons or entities
(1) The Agency may provide assistance in the form of funding for persons or entities: (a) for the purposes of enabling those persons or entities to provide information in relation to disability and…
Section 15 — Agency may provide information
(1) The Agency may provide information about the following: (a) matters relevant to the National Disability Insurance Scheme; (b) the functions of the Agency. (2) The Agency must use its best…
Section 16 — Agency may assist in relation to doing things under Chapter
The Agency may provide support and assistance to people in relation to doing things under, or for the purposes of, this Chapter.
Section 17 — National Disability Insurance Scheme rules
The National Disability Insurance Scheme rules may prescribe matters for and in relation to this Chapter.
Section 17A — Principles relating to the participation of people with disability
(1A) In performing the CEO’s functions and exercising the CEO’s powers under this Chapter, the CEO must have regard to the principles in this section. (1) People with disability are assumed, so far…
Section 18 — Person may make a request to become a participant
A person may make a request (an access request) to the Agency to become a participant in the National Disability Insurance Scheme. Note: Once a person becomes a participant, the CEO must commence to…
Section 19 — Matters relating to access requests
(1) An access request 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) certify that it…
Section 20 — CEO must consider and decide access requests
(1) If a person (the prospective participant) makes an access request, the CEO must: (a) decide whether or not the prospective participant meets the access criteria; or (b) make one or more requests…
Section 21 — When a person meets the access criteria
(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…
Section 22 — Age requirements
A person meets the age requirements if the person was aged under 65 when the access request in relation to the person was made.
Section 23 — Residence requirements
(1) A person meets the residence requirements if the person: (a) resides in Australia; and (b) is one of the following: (i) an Australian citizen; (ii) the holder of a permanent visa; (iii) a special…
Section 24 — Disability requirements
(1) A person meets the disability requirements if: (a) the person has a disability that is attributable to one or more intellectual, cognitive, neurological, sensory or physical impairments or the…
Section 25 — Early intervention requirements
(1) A person meets the early intervention requirements if: (a) the person: (i) has one or more identified intellectual, cognitive, neurological, sensory or physical impairments that are, or are…
Section 26 — Requests that the CEO may make
(1) The requests the CEO may make under this subsection after a prospective participant has made an access request (see paragraph 20(1)(b)) are as follows: (a) that the prospective participant, or…
Section 27 — National Disability Insurance Scheme rules relating to disability requirements and early intervention requirements
(1) The National Disability Insurance Scheme rules may make provision for determining any matter for the purposes of section 24 (disability requirements) or 25 (early intervention requirements). (2)…
Section 28 — When a person becomes a participant
(1) A person becomes a participant in the National Disability Insurance Scheme on the day the CEO decides that the person meets the access criteria. (2) The CEO must give written notice of the…
Section 29 — When a person ceases to be a participant
(1) A person ceases to be a participant in the National Disability Insurance Scheme when: (a) the person dies; or (b) the person commences accessing ongoing funded aged care services on a permanent…
Section 29A — Withdrawing as a participant
(1) A person may make a request to the CEO to no longer be a participant, in any manner approved by the CEO in writing. (2) As soon as practicable after receiving the request, the CEO must notify the…
Section 30 — Revocation of participant status
Circumstances in which participant status may be revoked (1) The CEO may revoke a person’s status as a participant in the National Disability Insurance Scheme if: (a) the CEO is satisfied that the…
Section 30A — Requirement to consider status of certain participants
Circumstances in which CEO must consider participant’s status (1) If a circumstance prescribed by the National Disability Insurance Scheme rules for the purposes of this subsection applies in…
Section 31 — Principles relating to plans
The preparation, variation, reassessment and replacement of a participant’s plan, and the management of the funding for supports under a participant’s plan, should so far as reasonably practicable:…
Section 32 — CEO must facilitate preparation of participant’s plan
Initial plan (1) If a person becomes a participant, the CEO must facilitate the preparation of the participant’s plan. (2) The CEO must commence facilitating the preparation of the participant’s plan…
Section 32A — Kinds of plans
(1) A new framework plan is a plan prepared in accordance with Subdivision B. (2) An old framework plan is a plan prepared in accordance with Subdivision C.
Section 32BA — 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)…
Section 32B — Participants that are to have new framework plans
(1) The National Disability Insurance Scheme rules may specify: (a) classes of participants that are to have new framework plans; and (b) for each class so specified—the period within which the CEO…
Section 32C — Application of this Subdivision
This Subdivision applies in relation to a plan for a participant if: (a) a new framework plan has at any time come into effect for the participant; or (b) the participant has been given a notice…
Section 32D — Matters that must be included in a participant’s plan
Participant’s statement of goals and aspirations (1) A participant’s plan must include a statement (the participant’s statement of goals and aspirations) prepared by the participant that specifies:…
Section 32E — Reasonable and necessary budget—entitlement to flexible funding or stated supports
(1) A participant’s reasonable and necessary budget must provide that funding will be provided under the plan to or in relation to the participant in accordance with subsections (2) and (3), so far…
Section 32F — Reasonable and necessary budget—flexible funding
(1) This section applies if a participant’s reasonable and necessary budget provides that flexible funding is to be provided under the plan. Funding periods for flexible funding (2) The reasonable…
Section 32G — Reasonable and necessary budget—stated supports
(1) This section applies if a participant’s reasonable and necessary budget provides that funding will be provided under the plan for a particular stated support or a particular class of stated…
Section 32H — Reasonable and necessary budget—requirements relating to acquisition or provision of supports
(1) A participant’s reasonable and necessary budget may provide that flexible funding, or funding for stated supports, will be provided under the plan for particular supports specified in the plan…
Section 32J — Reasonable and necessary budget—National Disability Insurance Scheme rules
The National Disability Insurance Scheme rules may make provision for determining any matter for the purposes of section 32F, 32G or 32H, including but not limited to: (a) requirements with which the…
Section 32K — Reasonable and necessary budget—working out total funding amounts
(1) The following amounts specified in the reasonable and necessary budget must be worked out by applying the information in the needs assessment report for the plan, in so far as the report relates…