National Disability Insurance Scheme Act 2013
Sections and provisions with full text and the judgments that cite each one.
Section 74 — Children
(1) If this Act requires or permits a thing to be done by or in relation to a child, the thing is to be done by or in relation to: (a) the person who has, or the persons who jointly have, parental…
Section 75 — Definition of parental responsibility
(1) For the purposes of this Act, a person has parental responsibility for a child if: (a) the person is the child’s parent and has not ceased to have parental responsibility for the child because of…
Section 76 — Duty to children
(1) It is the duty of a person who may do a thing because of section 74 to ascertain the wishes of the child concerned and to act in the best interests of the child. (2) A person does not breach the…
Section 77 — Revocation of determinations under section 74
(1) The CEO may, by written instrument, revoke a determination that is in effect under paragraph 74(1)(b) in relation to a person if: (a) the person requests the CEO in writing to do so; or (b) the…
Section 78 — Actions of plan nominee on behalf of participant
(1) Any act that may be done by a participant under, or for the purposes of, this Act that relates to: (a) the preparation, variation, reassessment or replacement of the participant’s plan; or (b)…
Section 79 — Actions of correspondence nominee on behalf of participant
(1) Any act that may be done by a participant under, or for the purposes of, this Act may be done by the participant’s correspondence nominee, other than an act that relates to: (a) the preparation,…
Section 80 — Duties of nominees to participant etc.
(1) It is the duty of a nominee of a participant to ascertain the wishes of the participant and to act in a manner that promotes the personal and social wellbeing of the participant. (2) A nominee…
Section 81 — Giving of notices to correspondence nominee
(1) Any notice that the CEO is authorised or required by this Act to give to a participant must be given by the CEO to the participant’s correspondence nominee. (2) The notice: (a) must, in every…
Section 82 — Compliance by correspondence nominee
(1) If, under section 81, a notice is given to a participant’s correspondence nominee, the following paragraphs have effect: (a) for the purposes of this Act, other than this Part, the notice is…
Section 83 — Nominee to inform Agency of matters affecting ability to act as nominee
(1) The CEO may give a nominee of a participant a written notice that requires the nominee to inform the Agency if: (a) either: (i) an event or change of circumstances happens; or (ii) the nominee…
Section 84 — Statement by plan nominee regarding disposal of money
(1) The CEO may give the plan nominee of a participant a notice that requires the nominee to give the Agency a statement about a matter relating to the disposal by the nominee of an NDIS amount paid…
Section 85 — Right of nominee to attend with participant
(1) If: (a) under this Act, the CEO makes a request of a participant who has a nominee; and (b) the request is that the participant undergo an assessment or examination; the nominee may accompany the…
Section 86 — Appointment of plan nominee
(1) The CEO may, in writing, appoint a person to be a plan nominee of a participant for the purposes of this Act. Note: The CEO must make the appointment in accordance with section 88. (2) An…
Section 87 — Appointment of correspondence nominee
(1) The CEO may, in writing, appoint a person to be the correspondence nominee of a participant for the purposes of this Act. Note: The CEO must make the appointment in accordance with section 88.…
Section 88 — Provisions relating to appointments
(1) A person may be appointed as the plan nominee and the correspondence nominee of the same participant. (2) The CEO must not appoint a person as a nominee of a participant under section 86 or 87…
Section 89 — Circumstances in which the CEO must cancel appointment of nominees
At the request of a participant (1) If: (a) a person is appointed as a nominee of a participant under section 86 or 87 at the request of the participant; and (b) the participant requests the CEO to…
Section 90 — General circumstances in which CEO may cancel or suspend appointment of nominees
At the request of a participant (1) If: (a) a person is appointed as a nominee of a participant under section 86 or 87 on the initiative of the CEO; and (b) the participant requests the CEO to cancel…
Section 91 — Suspension etc. of appointment of nominees in cases of physical, mental or financial harm
Suspension of appointment (1) The CEO may, by written instrument, suspend the appointment of a person as a nominee of a participant if the CEO has reasonable grounds to believe that the person has…
Section 92 — Other matters relating to cancellation or suspension of appointment
Cancellation of appointment (1) If: (a) the National Disability Insurance Scheme rules made for the purposes of subsection 46(2) apply in relation to a person who is a nominee; and (b) the…
Section 93 — National Disability Insurance Scheme rules may prescribe requirements etc.
The National Disability Insurance Scheme rules may prescribe: (a) requirements with which the CEO must comply relating to the appointment of nominees or the cancellation or suspension of the…
Section 94 — CEO’s powers of revocation
Nothing in this Part is an expression of a contrary intention for the purposes of subsection 33(3) of the Acts Interpretation Act 1901.
Section 95 — CEO’s powers to give notices to participant
Nothing in this Part is intended in any way to affect the CEO’s powers under other provisions of this Act to give notices to, or make requirements of, a participant who has a nominee.
Section 96 — Notification of nominee where notice is given to participant
(1) If, under this Act (other than this Part), the CEO gives a notice to a participant who has a correspondence nominee, the CEO may inform the correspondence nominee of the giving of the notice and…
Section 97 — Protection of participant against liability for actions of nominee
Nothing in this Part renders a participant guilty of an offence against this Act in relation to any act or omission of the participant’s nominee.
Section 98 — Protection of nominee against criminal liability
(1) A nominee of a participant is not subject to any criminal liability under this Act in relation to: (a) any act or omission of the participant; or (b) anything done, in good faith, by the nominee…
Section 99 — Reviewable decisions and decision-makers
(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…
Section 100 — Review of reviewable decisions
(1) The decision-maker of a reviewable decision must give written notice of the reviewable decision, and of the reasons for the reviewable decision, to each person directly affected by the reviewable…
Section 101 — Effect of later decisions before review completed
(1) If: (a) a request is made for review of a reviewable decision; and (b) before a decision on the review is made, the reviewable decision is varied; the request for review is taken to be for review…
Section 102 — Withdrawal of request for review
(1) A request for review of a reviewable decision may be withdrawn by: (a) sending or delivering a written notice to the decision-maker; or (b) contacting the decision-maker and withdrawing the…
Section 103 — Applications to the Administrative Review Tribunal
(1) Applications may be made to the Administrative Review Tribunal for review of a decision made by a reviewer under subsection 100(6). (1A) An application under subsection (1) may be made only by,…
Section 104 — CEO may require person to take action to obtain compensation
(1) This section applies if: (a) a participant or a prospective participant is, or in the CEO’s opinion may be, entitled to compensation in respect of a personal injury; and (b) the participant or…
Section 105 — Consequences of failure to comply with a requirement to take action to obtain compensation
(1) A participant or prospective participant who is given a notice under subsection 104(2) requiring him or her to take action (the required action) to claim or obtain compensation within a specified…
Section 105A — Matters relating to claims etc. by CEO
(1) If the CEO takes action to claim or obtain compensation, or takes over the conduct of an existing claim, the Agency becomes liable to pay all costs of and incidental to that claim that would…
Section 105B — Recovery of amounts relating to claims etc. by CEO
Any amount obtained as a result of a claim made or taken over by the CEO under section 105 (including amounts payable as a result of the settlement of such a claim) must be paid to the Agency. The…
Section 106 — Recovering past NDIS amounts from certain judgements
(1) This section applies if: (a) an amount of compensation is fixed under a judgement (other than a consent judgement) given in respect of a personal injury that has caused, to any extent, a…
Section 107 — Recovering past NDIS amounts from consent judgements and settlements
(1) This section applies if: (a) an amount of compensation is fixed under a consent judgement or settlement in respect of a personal injury that has caused, to any extent, a participant’s impairment…
Section 108 — Debts resulting from section 106 or 107
An amount payable by a person under section 106 or 107 is a debt due by the person to the Agency.
Section 109 — CEO may send preliminary notice to potential compensation payer or insurer
(1) If: (a) a participant or prospective participant makes a claim against another person (the potential compensation payer) for compensation; and (b) the claim relates to the participant’s or…
Section 110 — Offence—potential compensation payer or insurer
(1) A person (the potential compensation payer) commits an offence if: (a) the potential compensation payer is given a notice under subsection 109(1) in relation to a participant or prospective…
Section 111 — CEO may send recovery notice to compensation payer or insurer
(1) If: (a) one or more NDIS amounts have been paid to a person in respect of a participant’s impairment; and (b) a person (the compensation payer): (i) is liable to pay compensation to the…
Section 112 — Preliminary notice or recovery notice suspends liability to pay compensation
(1) If a person (the compensation payer) has been given a notice under subsection 109(1) or 111(1) in relation to the compensation payer’s liability, or possible liability, to pay compensation, the…
Section 113 — Compensation payer’s or insurer’s payment to Agency discharges liability to participant
(1) Payment to the Agency of an amount that a compensation payer is liable to pay under section 111 in relation to a participant operates, to the extent of the payment, as a discharge of: (a) the…
Section 114 — Offence—making compensation payment after receiving preliminary notice or recovery notice
(1) A person (the potential compensation payer) commits an offence if: (a) the potential compensation payer has been given a notice under subsection 109(1) or 111(1) in relation to the payment of…
Section 115 — Liability to pay the Agency if there is a contravention of section 114
(1) A potential compensation payer or insurer who contravenes section 114 is, in addition to being liable under that section, liable to pay to the Agency: (a) if the contravention relates to a notice…
Section 116 — CEO may disregard certain payments
For the purposes of this Chapter, the CEO may treat the whole or part of a compensation payment as not having been fixed by a judgement (including a consent judgement) or settlement, if the CEO…
Section 117 — National Disability Insurance Agency
(1) The body that was established by this section as previously in force by the name National Disability Insurance Scheme Launch Transition Agency is now to be known as the National Disability…
Section 118 — Functions of the Agency
(1) The Agency has the following functions: (a) to deliver the National Disability Insurance Scheme so as to: (i) support the independence, and social and economic participation, of people with…
Section 119 — Powers of the Agency
(1) The Agency has power to do all things necessary or convenient to be done for or in connection with the performance of its functions. (2) The Agency’s powers include, but are not limited to, the…
Section 120 — Charging of fees
(1) The Agency may charge fees in accordance with an instrument made under subsection (2). (2) The Minister may, by legislative instrument, prescribe: (a) the things that the Agency does in the…
Section 121 — Minister may give directions to the Agency
(1) The Minister may, by legislative instrument, give directions to the Agency about the performance of its functions. Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the…