National Disability Insurance Scheme Act 2013
Sections and provisions with full text and the judgments that cite each one.
Section 67G — Protection of certain documents etc. from production to court etc.
A person must not, except for the purposes of this Act or the Royal Commissions Act 1902, be required: (a) to produce any document in his or her possession because of the performance or exercise of…
Section 67H — Part does not affect the operation of the Freedom of Information Act 1982
The provisions of this Part that relate to the disclosure of information do not affect the operation of the Freedom of Information Act 1982.
Section 73ZA — Disclosures qualifying for protection
(1) This section applies to a disclosure of information by a person (the discloser) who is or was, in relation to an NDIS provider, any of the following: (a) if the NDIS provider is or was a body…
Section 73ZBA — Confidentiality of identity of disclosers
(1) A person (the first person) contravenes this subsection if: (a) another person (the discloser) makes a disclosure of information (the qualifying disclosure) that qualifies for protection under…
Section 73ZDA — NDIS Provider Register
NDIS Provider Register (1) The Commissioner must establish and maintain a register for the purposes of this Act, to be known as the NDIS Provider Register. (2) The NDIS Provider Register may be kept…
Section 73ZKA — Serious contraventions of civil penalty provisions
(1) If an authorised applicant is applying under the Regulatory Powers Act for a civil penalty order in relation to a serious contravention of a civil penalty provision of this Act, the application…
Section 73ZNA — Complying with banning orders
(1) A person contravenes this subsection if: (a) a banning order has been made against the person; and (b) the person engages in conduct; and (c) the conduct breaches the banning order (including a…
Section 73ZOA — Anti-promotion orders
Anti-promotion orders (1) The Commissioner may, by written notice, make an order (an anti-promotion order) prohibiting or restricting a person from engaging in regulated promotional conduct of a kind…
Section 73B — Requirement to be a registered NDIS provider
Requirement to be a registered NDIS provider (1) The National Disability Insurance Scheme rules may require that specified classes of supports provided under participants’ plans are to be provided…
Section 73ZB — Disclosure that qualifies for protection not actionable etc.
(1) If a person makes a disclosure that qualifies for protection under this Division: (a) the person is not subject to any civil or criminal liability for making the disclosure; and (b) no…
Section 73ZOB — Complying with anti-promotion orders
A person contravenes this section if: (a) an anti-promotion order has been made against the person; and (b) the person engages in conduct; and (c) the conduct breaches the anti-promotion order…
Section 73C — Application to be a registered NDIS provider
(1) A person may apply to the Commissioner to be a registered NDIS provider in relation to one or more of the following: (a) the provision of supports or services under the arrangements set out in…
Section 73ZC — Victimisation prohibited
Actually causing detriment to another person (1) A person (the first person) contravenes this subsection if: (a) the first person engages in conduct; and (b) the first person’s conduct causes any…
Section 73ZOC — Variation or revocation of anti-promotion orders
Variation or revocation of anti-promotion orders (1) The Commissioner may vary or revoke an anti-promotion order, by giving written notice to the person against whom the order was made, if the…
Section 73D — False or misleading information or documents in application
A person contravenes this section if the person: (a) provides information or a document in, or in connection with, an application for registration; and (b) knows the information or document is false…
Section 73ZD — Right to compensation
If: (a) a person contravenes subsection 73ZC(1) or (2); and (b) another person suffers damage because of the contravention; the person in contravention is liable to compensate the other person for…
Section 73E — Registration as a registered NDIS provider
Registration (1) The Commissioner may register a person as a registered NDIS provider if: (a) the person (the applicant) makes an application under section 73C; and (c) the applicant has been…
Section 73ZE — Monitoring powers
Provisions subject to monitoring (1) The following provisions are subject to monitoring under Part 2 of the Regulatory Powers Act: (a) Division 2 of Part 2 (privacy of information held by the…
Section 73F — Registration is subject to conditions
(1) The registration of a person as a registered NDIS provider is subject to the following conditions: (a) the conditions set out in subsection (2); (b) the conditions (if any) imposed by the…
Section 73ZF — Investigation powers
Provisions subject to investigation (1) A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is: (a) a civil penalty provision of this Act; or (b) an offence…
Section 73G — Conditions specified in certificate of registration
(1) The Commissioner may impose conditions to which the registration of a person as a registered NDIS provider is subject. (2) A condition may be imposed at the time of registration, or at a later…
Section 73ZG — Use of equipment to examine or process things
(1) This section applies if an authorised person exercises investigation powers under Part 3 of the Regulatory Powers Act in relation to premises entered under an investigation warrant for the…
Section 73H — Conditions determined by NDIS rules
The National Disability Insurance Scheme rules may determine that each registration, or each registration included in a specified class of registration, is taken to include one or more specified…
Section 73ZH — Use of electronic equipment at other place
(1) This section applies if an authorised person exercises investigation powers under Part 3 of the Regulatory Powers Act in relation to premises for the purposes of this Act. (2) If electronic…
Section 73ZI — Person with knowledge of a computer or a computer system to assist access etc.
(1) This section applies if an authorised person exercises investigation powers under Part 3 of the Regulatory Powers Act in relation to premises for the purposes of this Act. (2) The authorised…
Section 73J — Registered NDIS providers must comply with conditions of registration
A person contravenes this section if the person: (a) is a registered NDIS provider; and (b) breaches a condition to which the registration of the person is subject. Civil penalty: (a) for a serious…
Section 73ZJ — Compensation for damage to electronic equipment
(1) This section applies if: (a) as a result of electronic equipment being operated as mentioned in section 73ZG or 73ZH: (i) damage is caused to the equipment; or (ii) the data recorded on the…
Section 73K — Extension of period for which registration is in force
(1) Subsection (2) applies if: (a) the registration of a person as a registered NDIS provider will cease to be in force on a particular day; and (b) within 6 months before that day, the person makes…
Section 73ZK — Civil penalty provisions
Enforceable civil penalty provisions (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act. Note: Part 4 of the Regulatory Powers Act allows a civil…
Section 73L — Variation of registration
(1) The Commissioner may vary the registration of a registered NDIS provider, by written notice given to the provider: (a) at any time, on the Commissioner’s own initiative; or (b) on application by…
Section 73ZL — Infringement notices
Provisions subject to an infringement notice (1) A civil penalty provision of this Act, other than section 59A or 73D, is subject to an infringement notice under Part 5 of the Regulatory Powers Act.…
Section 73M — Application for variation of registration
(1) A registered NDIS provider may apply for a variation to the provider’s registration. (2) The application must: (a) be in writing; and (b) be in a form (if any) approved in writing by the…
Section 73ZM — Compliance notices
(1) The Commissioner may give to an NDIS provider a written notice (a compliance notice) if the Commissioner: (a) is satisfied that an NDIS provider is not complying with this Act; or (b) is aware of…
Section 73N — Suspension of registration
Suspension on Commissioner’s own initiative (1) The Commissioner may, in writing, suspend the registration of a person as a registered NDIS provider for a specified period if: (a) the Commissioner…
Section 73ZN — Banning orders
Banning orders—NDIS providers (1) The Commissioner may, by written notice, make an order (a banning order) prohibiting or restricting specified activities by an NDIS provider, or by a person who was…
Section 73ZO — Variation or revocation of banning orders
Variation or revocation of banning order (1) The Commissioner may vary or revoke a banning order, by giving written notice to the person against whom the order was made, if the Commissioner is…
Section 73P — Revocation of registration
(1) The Commissioner may, in writing, revoke the registration of a person as a registered NDIS provider if: (a) the Commissioner reasonably believes that the person has contravened, is contravening,…
Section 73ZP — Enforceable undertakings
Enforceable provisions (1) The following provisions are enforceable under Part 6 of the Regulatory Powers Act: (a) Division 2 of Part 2 (privacy of information held by the Commission) of this…
Section 73Q — Record keeping by registered NDIS providers
A registered NDIS provider must keep records of the kind, for the period and in the form prescribed by the National Disability Insurance Scheme rules. Note: Compliance with this section is a…
Section 73ZQ — Injunctions
Enforceable provisions (1) The following provisions are enforceable under Part 7 of the Regulatory Powers Act: (a) Division 2 of Part 2 (privacy of information held by the Commission) of this…
Section 73R — Record keeping by former registered NDIS providers
(1) A person who has ceased to be a registered NDIS provider must keep records that the person was required to retain under section 73Q immediately before the person ceased to be a registered NDIS…
Section 73ZR — Appointment of inspectors and investigators
(1) The Commissioner may, in writing, appoint a person who is one of the following as an inspector, an investigator, or both, for the purposes of this Part: (a) a member of the staff of the…
Section 73S — Grants of financial assistance in relation to registration
(1) The Commissioner may, on behalf of the Commonwealth, make a grant of financial assistance to a person or entity in relation to applications for registration, or variations to registration, as a…
Section 73T — NDIS Practice Standards
(1) The National Disability Insurance Scheme rules may make provision for or in relation to standards concerning the quality of supports or services to be provided by registered NDIS providers. Note:…
Section 73U — Approved quality auditors
(1) The Commissioner may, in writing, approve a person or body to be an approved quality auditor for the purposes of this Act. (2) The Commissioner may do so on request of the person or body. (3) If…
Section 73V — NDIS Code of Conduct
(1) The National Disability Insurance Scheme rules may make provision for or in relation to a code of conduct that applies to either or both of the following: (a) NDIS providers; (b) persons employed…
Section 73W — Complaints management and resolution system—registered NDIS providers
A registered NDIS provider must implement and maintain a complaints management and resolution system that: (a) is appropriate for the size of the provider and for the classes of supports or services…
Section 73X — Arrangements relating to the management and resolution of complaints
(1) The National Disability Insurance Scheme rules may prescribe arrangements relating to the management and resolution of complaints arising out of, or in connection with, the provision of supports…
Section 73Y — Incident management system
A registered NDIS provider must implement and maintain an incident management system that: (a) is appropriate for the size of the provider and for the classes of supports or services provided by the…
Section 73Z — Reportable incidents
(1) The National Disability Insurance Scheme rules must prescribe arrangements relating to registered NDIS providers notifying and managing reportable incidents that occur, or are alleged to have…