National Disability Insurance Scheme Act 2013
Sections and provisions with full text and the judgments that cite each one.
Section 32L — Assessment of participant’s need for supports
CEO to arrange assessment of participant’s need for supports (1) The CEO must arrange for an assessment of a participant’s disability support needs to be undertaken as soon as practicable after the…
Section 32M — Application of this Subdivision
This Subdivision applies in relation to a plan for a participant unless Subdivision B applies in relation to the plan. Note: For when Subdivision B applies in relation to a plan, see section 32C.
Section 33 — 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 34 — Reasonable and necessary supports
(1) For the purposes of specifying, in a statement of participant supports, the general supports that will be provided, and the reasonable and necessary supports that will be funded, the CEO must be…
Section 35 — National Disability Insurance Scheme rules for statement of participant supports
(1) The National Disability Insurance Scheme rules may make provision in connection with the funding or provision of reasonable and necessary supports or general supports, including but not limited…
Section 36 — Requesting information and reports
(1) The CEO may make one or more requests under subsection (2) for any of the following purposes: (a) the undertaking of an assessment under section 32L for a participant; (b) preparing a statement…
Section 37 — When plan is in effect
(1) A participant’s plan comes into effect when the CEO has: (a) received the participant’s statement of goals and aspirations from the participant; and (b) approved the statement of participant…
Section 38 — Copy of plan to be provided
The CEO must provide a copy of a participant’s plan to the participant within 7 days after the plan comes into effect.
Section 39 — Agency must comply with the statement of participant supports
The Agency must comply with the statement of participant supports in a participant’s plan.
Section 40 — Effect of temporary absence on plans
(1) A participant for whom a plan is in effect may be temporarily absent from Australia for the grace period for the absence without affecting the participant’s plan. (2) The grace period for a…
Section 41 — Suspension of plans
(1) A statement of participant supports in a participant’s plan is suspended: (aa) as mentioned in paragraph 36(4)(b) (which deals with failure to provide information or reports for an assessment…
Section 42 — Meaning of managing the funding for supports under a participant’s plan
(1) For the purposes of this Act, managing the funding for supports under a participant’s plan means doing one or more of the following: (a) purchasing the supports funded under the plan (including…
Section 43 — Choice for the participant in relation to plan management
(1) A participant for whom a plan is in effect or is being prepared may make a request (a plan management request): (a) that he or she manage the funding for supports under the plan wholly or to the…
Section 44 — Circumstances in which persons must not manage funding
Participant (1) For the purposes of paragraph 43(3)(b), this subsection applies in relation to a participant if: (a) the participant is an insolvent under administration; or (aa) the participant has…
Section 45 — Payment of amounts payable under the National Disability Insurance Scheme—general
(1) An amount payable under the National Disability Insurance Scheme in respect of a participant’s plan is to be paid: (a) to the person determined by the CEO; and (b) either: (i) in accordance with…
Section 45A — Payment of amounts payable under the National Disability Insurance Scheme—need for a claim
(1) An amount is not payable under the National Disability Insurance Scheme in respect of the acquisition or provision of a support under a participant’s plan unless the CEO is satisfied that a claim…
Section 46 — Acquittal of NDIS amounts
Requirement to spend money only on NDIS supports and in accordance with plan (1) A participant who receives an NDIS amount, or a person who receives an NDIS amount on behalf of a participant: (a) may…
Section 46A — Protection of NDIS amounts
(1) An NDIS amount is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise. (2) This section is subject to Part 1 of Chapter 7.
Section 46B — Garnishee orders
General rule (1) A court must not make an order in the nature of a garnishee order in respect of an account with a financial institution if: (a) one or more NDIS amounts for a particular participant…
Section 47 — Variation of participant’s plan—change of participant’s statement of goals and aspirations
(1) A participant may give the CEO a changed version of the participant’s statement of goals and aspirations at any time. Note 1: The participant may make a request under subsection 47A(2) for a…
Section 47A — Variation of participant’s plan on request of participant or CEO’s own initiative
(1) The CEO may, in writing, vary a participant’s plan (except the participant’s statement of goals and aspirations) if: (a) the variation: (i) is covered by subsection (1AA) (for a new framework…
Section 48 — Reassessment of participant’s plan on request of participant or CEO’s own initiative
(1) The CEO may conduct a reassessment of a participant’s plan at any time. Note: This section applies subject to section 49B (no reassessment of old framework plan if participant to have new…
Section 49 — Reassessment of participant’s plan before plan’s reassessment date
(1) The CEO must do the following before the reassessment date of a participant’s plan: (a) complete a reassessment of the plan; (b) either: (i) vary, under subsection 47A(1), the participant’s plan…
Section 49A — Reassessment of participant’s plan in circumstances specified in plan
The CEO must conduct a reassessment of a participant’s plan in the circumstances, if any, specified in the plan. Note: This section applies subject to section 49B (no reassessment of old framework…
Section 49B — No reassessment of old framework plan if participant to have new framework plans
Despite sections 48 to 49A, the CEO must not conduct a reassessment of an old framework plan if the participant has been given a notice under subsection 32B(2) that the participant is to have new…
Section 50 — Information and reports for the purposes of varying or reassessing a participant’s plan
(1) For the purposes of varying or reassessing a participant’s plan, the CEO may make one or more requests under subsection (2). (2) The requests the CEO may make are as follows: (a) that the…
Section 50J — CEO to comply with requirements in relation to prospective participants or participants
The National Disability Insurance Scheme rules may prescribe requirements with which the CEO must comply in relation to the following: (a) the preparation of plans for participants; (b) plans that…
Section 51 — Requirement to notify change of circumstances
(1) A participant or a prospective participant must notify the CEO if: (a) an event or change of circumstances happens that affects, or might affect, his or her access request, status as a…
Section 52 — Requirements relating to notices
(1) The CEO must approve a manner of notification that a participant or prospective participant is to use when notifying the CEO in relation to an event or change of circumstances under section 51.…
Section 53 — Power to obtain information from participants and prospective participants to ensure the integrity of the National Disability Insurance Scheme
(1) If the CEO has reasonable grounds to believe that a participant or a prospective participant has information, or has custody or control of a document, that may be relevant to one or more of the…
Section 54 — Written notice of requirement
(1) A requirement under section 53 must be made by written notice given to the person of whom the requirement is made. (2) The notice must specify: (a) the nature of the information or document that…
Section 55 — Power of CEO to obtain information from other persons to ensure the integrity of the National Disability Insurance Scheme
(1) If the CEO has reasonable grounds to believe that a person other than a participant or a prospective participant has information, or has custody or control of a document, that may be relevant to…
Section 55A — Power of Commissioner to obtain information from other persons to ensure the integrity of the National Disability Insurance Scheme etc.
(1) If the Commissioner reasonably believes that a person, other than a prospective participant or a person receiving supports or services from an NDIS provider, has information, or has custody or…
Section 56 — Written notice of requirement
(1) A requirement under section 55 or 55A must be made by written notice given to the person of whom the requirement is made. (2) The notice must specify: (a) the nature of the information or…
Section 57 — Refusal or failure to comply with requirement
(1) A person must not refuse or fail to comply with a requirement under section 55 or 55A to give information or produce a document. Penalty: 30 penalty units. (1A) A person is liable to a civil…
Section 58 — Obligations not affected by State or Territory laws
(1) Subject to subsection (2), nothing in a law of a State or a Territory prevents a person from: (a) giving information; or (b) producing a document; or (c) giving evidence; that the person is…
Section 59 — Interaction with Commonwealth laws
This Part does not require a person to give information or produce a document to the extent that in doing so the person would contravene a law of the Commonwealth.
Section 59A — Providing false or misleading information or documents to the Commission
A person contravenes this section if: (a) the person provides information or a document to the Commissioner or a Commission officer for the purposes of this Act; and (b) the person knows the…
Section 60 — Protection of information held by the Agency etc.
(2) A person may: (a) make a record of protected Agency information; or (b) disclose such information to any person; or (c) otherwise use such information; if: (d) the making of the record, or the…
Section 62 — Offence—unauthorised use or disclosure of protected Agency information
A person commits an offence if: (a) the person: (i) makes a record of information; or (ii) discloses information to any other person; or (iii) otherwise makes use of information; and (b) the person…
Section 63 — Offence—soliciting disclosure of protected Agency information
A person (the first person) commits an offence if: (a) the first person solicits the disclosure of information from an Agency officer or another person, whether or not any protected Agency…
Section 64 — Offence—offering to supply protected Agency information
(1) A person commits an offence if: (a) the person offers to supply (whether to a particular person or otherwise) information about another person; and (b) the person knows the information is…
Section 66 — Disclosure of information by CEO
(1) Despite sections 62, 64 and 67G, the CEO may: (a) if the CEO is satisfied on reasonable grounds that it is in the public interest to do so in a particular case or class of cases—disclose…
Section 67 — National Disability Insurance Scheme rules for exercise of CEO’s disclosure powers
The National Disability Insurance Scheme rules may make provision for and in relation to the exercise of the CEO’s power to disclose information for the purposes of paragraph 66(1)(a) or subparagraph…
Section 67A — Protection of information held by the Commission etc.
(1) A person may: (a) make a record of protected Commission information; or (b) disclose such information to any person; or (c) otherwise use such information; if: (d) the making of the record, or…
Section 67B — Unauthorised use or disclosure of protected Commission information
Offence (1) A person commits an offence if: (a) the person: (i) makes a record of information; or (ii) discloses information to any other person; or (iii) otherwise makes use of information; and (b)…
Section 67C — Soliciting disclosure of protected Commission information
Offence (1) A person commits an offence if: (a) the person solicits the disclosure of information from a Commission officer or another person, whether or not any protected Commission information is…
Section 67D — Offering to supply protected Commission information etc.
Offering to supply protected Commission information—offence (1) A person commits an offence if: (a) the person offers to supply (whether to a particular person or otherwise) information about another…
Section 67E — Disclosure of information by Commissioner
(1) Despite sections 67B, 67D and 67G, the Commissioner may: (a) if the Commissioner is satisfied on reasonable grounds that it is in the public interest to do so in a particular case or class of…
Section 67F — National Disability Insurance Scheme rules for exercise of Commissioner’s disclosure powers
The National Disability Insurance Scheme rules may make provision for and in relation to the exercise of the Commissioner’s power to disclose information for the purposes of paragraph 67E(1)(a) or…