National Disability Insurance Scheme Act 2013
Sections and provisions with full text and the judgments that cite each one.
Section 122 — Agency does not have privileges and immunities of the Crown
The Agency does not have privileges and immunities of the Crown in right of the Commonwealth.
Section 123 — Board of the National Disability Insurance Agency
The body that was established by this section as previously in force and known as the Board of the National Disability Insurance Scheme Launch Transition Agency is now to be known as the Board of the…
Section 124 — Functions of the Board
(1) The Board has the following functions: (a) to ensure the proper, efficient and effective performance of the Agency’s functions; (b) to determine objectives, strategies and policies to be followed…
Section 125 — Minister may give the Board a statement setting out strategic guidance for the Agency
(1) The Minister may give the Board a written statement setting out strategic guidance for the Agency. (2) A statement given under subsection (1): (a) must be of a general nature only; and (b) must…
Section 125A — Matters to be considered in performing functions
In performing its functions, the Board must have regard to: (a) relevant actuarial analysis and advice; and (b) relevant advice and reports provided by the audit committee for the Agency. Note: See…
Section 125B — Rules about management of risk and performance of Board’s functions
The Minister administering the Insurance Act 1973 may, by legislative instrument, determine rules that: (a) relate to the management of risks, whether financial or not, that are likely to be faced by…
Section 126 — Membership
The Board consists of the Chair and up to 11 other members.
Section 127 — Appointment of Board members
(1) The Board members are to be appointed by the Minister, by written instrument, on a part-time basis. (2) A person is eligible for appointment as a Board member only if the Minister is satisfied…
Section 128 — Term of appointment
A Board member holds office for the period specified in the instrument of appointment. The period must not be more than 3 years. Note: For reappointment, see section 33AA of the Acts Interpretation…
Section 129 — Acting appointments
Appointment to act during vacancy (1) The Minister may, by written instrument, appoint a person to act as the Chair, for a specified period of not more than 12 months, during a vacancy in the office…
Section 130 — Remuneration and allowances
(1) A Board member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid…
Section 131 — Leave of absence
Chair (1) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines. (2) Before the Minister grants leave of absence to the Chair under subsection…
Section 132 — Outside employment
A Board member must not engage in any paid employment that, in the Minister’s opinion, conflicts or may conflict with the proper performance of the member’s duties.
Section 133 — Resignation of Board members
(1) A Board member may resign his or her appointment by giving the Minister a written resignation. (2) The resignation takes effect on the day it is received by the Minister or, if a later day is…
Section 134 — Termination of appointment of Board members
(1) The Minister may terminate the appointment of a Board member: (a) for misbehaviour; or (b) if the member is incapable of performing the duties of his or her office; or (c) if the Minister does…
Section 135 — Other terms and conditions of Board members
(1) A Board member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister. (2) Before the Minister determines terms and…
Section 136 — Convening meetings
(1) The Board must hold the meetings that are necessary for the efficient performance of its functions. (2) Meetings are to be held at the times and places that the Board determines. Note: Section…
Section 137 — Presiding at meetings
(1) The Chair must preside at all meetings at which he or she is present. (2) If the Chair is not present at a meeting: (a) a Board member nominated by the Chair presides; or (b) if a Board member…
Section 138 — Quorum
(1) At a meeting of the Board, a quorum is constituted by a majority of the Board members. (2) However, if: (a) a Board member is required by rules made for the purposes of section 29 of the Public…
Section 139 — Voting at meetings
(1) A question arising at a meeting is to be determined by a majority of the votes of the Board members present and voting. (2) The person presiding at a meeting has a deliberative vote and, if the…
Section 140 — Conduct of meetings
The Board may, subject to this Division, regulate proceedings at its meetings as it considers appropriate.
Section 141 — Minutes
The Board must keep minutes of its meetings.
Section 142 — Decisions without meetings
(1) The Board is taken to have made a decision at a meeting if: (a) without meeting, a majority of the Board members entitled to vote on the proposed decision indicate agreement with the decision;…
Section 143 — Establishment
The Independent Advisory Council is established by this section.
Section 144 — Function of the Advisory Council
(1) The Advisory Council’s function is to provide, on its own initiative or at the written request of the Board, advice to the Board about the way in which the Agency: (a) performs its functions…
Section 145 — Advice of the Advisory Council
If the Advisory Council provides advice to the Board under subsection 144(1), the Board must: (a) have regard to the advice in performing its functions; and (b) give the Ministerial Council a copy of…
Section 146 — Membership
The Advisory Council is to consist of the following members: (a) the Principal Member of the Council; (b) not more than 12 other members.
Section 147 — Appointment of members of the Advisory Council
(1) The members of the Advisory Council are to be appointed by the Minister, by written instrument, on a part-time basis. Consultation (2) The Minister must consult the host jurisdictions about the…
Section 148 — Term of appointment
A member of the Advisory Council holds office for the period specified in the instrument of appointment. The period must not exceed 3 years. Note: For reappointment, see section 33AA of the Acts…
Section 149 — Acting appointments
Appointment to act during vacancy (1) The Minister may, by written instrument, appoint a person to act as the Principal Member, for a specified period of not more than 12 months, during a vacancy in…
Section 150 — Remuneration and allowances
(1) A member of the Advisory Council is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the…
Section 151 — Leave of absence
Principal Member (1) The Minister may grant leave of absence to the Principal Member on the terms and conditions that the Minister determines. (2) Before the Minister grants leave of absence to the…
Section 152 — Disclosure of interests to the Minister
A member of the Advisory Council must give written notice to the Minister of all interests, pecuniary or otherwise, that the member has or acquires and that conflict or could conflict with the proper…
Section 153 — Disclosure of interests to the Advisory Council
(1) A member of the Advisory Council who has an interest, pecuniary or otherwise, in a matter being considered or about to be considered by the Council must disclose the nature of the interest to a…
Section 154 — Resignation of members of the Advisory Council
(1) A member of the Advisory Council may resign his or her appointment by giving the Minister a written resignation. (2) The resignation takes effect on the day it is received by the Minister or, if…
Section 155 — Termination of appointment of members of the Advisory Council
(1) The Minister may terminate the appointment of a member of the Advisory Council: (a) for misbehaviour; or (b) if the member is incapable of performing the duties of his or her office. (2) The…
Section 156 — Other terms and conditions of members of the Advisory Council
(1) A member of the Advisory Council holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister. Consultation (2) Before the…
Section 157 — Procedures of the Advisory Council
The Advisory Council may determine its own procedures.
Section 158 — Establishment
There is to be a Chief Executive Officer of the Agency.
Section 159 — Functions of the CEO
(1) The CEO is responsible for the day-to-day administration of the Agency. (2) The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of his…
Section 160 — Appointment of the CEO
(1) The CEO is to be appointed by the Board. (2) The appointment is to be made by written instrument. (3) The CEO holds office on a full-time basis. (4) The CEO holds office for the period specified…
Section 161 — Acting appointments
The Board may, by written instrument, appoint a person (other than a Board member) to act as the CEO: (a) during a vacancy in the office of the CEO, whether or not an appointment has previously been…
Section 162 — Remuneration and allowances
(1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the…
Section 163 — Leave of absence
(1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal. (2) The Board may grant the CEO leave of absence, other than recreation leave, on the terms and…
Section 164 — Outside employment
The CEO must not engage in paid employment outside the duties of his or her office without the Board’s approval.
Section 165 — Disclosure of interests
(1) A disclosure by the CEO under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Board. (2)…
Section 166 — Resignation of the CEO
(1) The CEO may resign his or her appointment by giving the Board a written resignation. (2) The resignation takes effect on the day it is received by the Board or, if a later day is specified in the…
Section 167 — Termination of appointment of the CEO
(1) The Board may terminate the appointment of the CEO: (a) for misbehaviour; or (b) if the CEO is incapable of performing the duties of his or her office. (2) The Board may terminate the appointment…
Section 168 — Other terms and conditions of the CEO
The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Board.
Section 169 — Staff
(1) The staff of the Agency must be persons engaged under the Public Service Act 1999. (2) For the purposes of that Act: (a) the CEO and the staff of the Agency together constitute a Statutory…