National Disability Insurance Scheme Act 2013
Sections and provisions with full text and the judgments that cite each one.
Section 170 — Services of other persons to be made available to the Agency
(1) The Agency may arrange with: (a) an Agency Head (within the meaning of the Public Service Act 1999) of an Agency (within the meaning of that Act); or (b) a body established for a public purpose…
Section 171 — Consultants
The Agency may engage consultants to assist in the performance of its functions.
Section 172 — Annual report
(1) The annual report prepared by the Board members and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 must include the things described in…
Section 173 — Giving certain information to the Ministerial Council
(1) The Board members must give the Ministerial Council a copy of each of the following when, or as soon as practicable after, the Board members give the copy to the Minister or the Finance Minister:…
Section 174 — Quarterly report to the Ministerial Council
(1) The Board members must: (a) prepare a report on the operations of the Agency for each period of 3 months starting on 1 July, 1 October, 1 January or 1 April; and (b) give the report to the…
Section 175 — Giving information requested by Commonwealth, State or Territory Ministers
(1) The Agency must give the Minister information requested by the Minister about: (a) expenditure, relating to a particular host jurisdiction, of money received by the Agency from the Commonwealth…
Section 175A — Monthly summary of statistics
(1) The Agency must, before the end of the 15th day after the end of a calendar month of a year, prepare and publish a statement of: (a) the following statistics for the calendar month of the year:…
Section 176 — Giving certain information to the Ministerial Council
(1) As soon as practicable after giving a direction to the Agency under section 121 or a statement to the Board under section 125, the Minister must give a copy of the direction or statement to the…
Section 177 — Corporate plan
(1) In preparing a corporate plan under section 35 of the Public Governance, Performance and Accountability Act 2013, the Board must have regard to a statement given under section 125 of this Act.…
Section 178 — Payments to the Agency by the Commonwealth
(1) There is payable to the Agency such money as is appropriated by the Parliament for the purposes of the Agency. (2) The Finance Minister may give directions about the amounts in which, and the…
Section 179 — Payments to the Agency by the host jurisdictions
The Agency may receive money paid to it by a host jurisdiction for the purpose of funding supports for participants in the National Disability Insurance Scheme who are in the host jurisdiction.
Section 180 — Application of money by the Agency
(1) The money of the Agency consists of: (a) money paid to the Agency under section 178; and (b) money received by the Agency under section 179; and (c) any other money paid to, or received by, the…
Section 180A — Nomination of scheme actuary
(1) The Board must, in writing, nominate as scheme actuary an actuary: (a) who is a Fellow of The Institute of Actuaries of Australia; and (b) who the Board considers is a fit and proper person, and…
Section 180B — Duties of scheme actuary
Duties relating to annual financial sustainability report (1) The scheme actuary must do all of the following each time an annual report is being prepared by the Board members under section 46 of the…
Section 180C — Rules for performance of scheme actuary’s duties
The Minister administering the Insurance Act 1973 may, by legislative instrument, determine rules that the scheme actuary must comply with in performing his or her duties under section 180B. Note:…
Section 180D — Nomination of reviewing actuary
(1) The Board must, in writing, nominate as reviewing actuary an actuary: (a) who is a Fellow of The Institute of Actuaries of Australia; and (b) who the Board considers is a fit and proper person,…
Section 180E — Duties of reviewing actuary
(1) The reviewing actuary must, on request by the Board, review and report to the Board on actuarial reports and advice received by the Board. (2) The reviewing actuary must review and report to the…
Section 180F — Agency to assist scheme actuary and reviewing actuary
The Agency must make arrangements to enable: (a) the scheme actuary to perform his or her duties under section 180B; and (b) the reviewing actuary to perform his or her duties under section 180E.
Section 181 — Taxation
The Agency is not subject to taxation under any law of the Commonwealth or of a State or Territory. Note: However, the Agency may be subject to taxation under certain laws (see, for example, section…
Section 181A — Establishment of the Commission
(1) The NDIS Quality and Safeguards Commission is established by this section. Note: The Commission does not have a legal identity separate from the Commonwealth. (2) The Commission consists of: (a)…
Section 181ZA — Aged care exclusion decision taken to be NDIS exclusion decision
(1) This section applies if an aged care exclusion decision is in force, under an aged care worker screening law, in respect of a person in working, or seeking to work, with individuals accessing…
Section 181B — Commission’s functions
The Commission’s function is to assist the Commissioner in the performance of the Commissioner’s functions.
Section 181C — Commissioner
There is to be a Commissioner of the NDIS Quality and Safeguards Commission.
Section 181D — Commissioner’s functions and powers
(1) The Commissioner has the following functions: (a) the core functions; (b) the registration and reportable incident functions; (c) the complaints functions; (d) the behaviour support function; (e)…
Section 181E — Commissioner’s core functions
The Commissioner’s core functions are as follows: (a) to uphold the rights of, and promote the health, safety and wellbeing of, people with disability receiving supports or services, including those…
Section 181F — Commissioner’s registration and reportable incident functions
The Commissioner’s registration and reportable incident functions are as follows: (a) the functions conferred on the Commissioner by Division 2 of Part 3A of Chapter 4 (about registered NDIS…
Section 181G — Commissioner’s complaints functions
The Commissioner’s complaints functions are as follows: (a) the functions relating to the investigation, management, conciliation and resolution of complaints conferred on the Commissioner by the…
Section 181H — Commissioner’s behaviour support function
The Commissioner’s behaviour support function is to provide leadership in relation to behaviour support, and in the reduction and elimination of the use of restrictive practices, by NDIS providers,…
Section 181J — Charging of fees by Commissioner
(1) The Commissioner may charge fees in accordance with an instrument made under subsection (2). (2) The Minister may, by legislative instrument, determine: (a) the things that the Commissioner does…
Section 181K — Minister may give directions to the Commissioner
(1) The Minister may, by legislative instrument, give directions to the Commissioner about the performance of his or her functions and the exercise of his or her powers. Note: Section 42…
Section 181L — Appointment of the Commissioner
(1) The Commissioner is to be appointed by the Minister, by written instrument, on a full-time basis. (2) The Commissioner holds office for the period specified in the instrument of appointment. The…
Section 181M — Acting appointments
The Minister may, by written instrument, appoint a person to act as the Commissioner: (a) during a vacancy in the office of Commissioner (whether or not an appointment has previously been made to the…
Section 181N — Remuneration and allowances
(1) The Commissioner 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 Commissioner is to…
Section 181P — Leave of absence
(1) The Commissioner has the recreation leave entitlements that are determined by the Remuneration Tribunal. (2) The Minister may grant to the Commissioner leave of absence, other than recreation…
Section 181Q — Outside employment
The Commissioner must not engage in paid work outside the duties of his or her office without the Minister’s approval.
Section 181R — Other terms and conditions
The Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined, in writing, by the Minister.
Section 181S — Resignation
(1) The Commissioner 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 181T — Termination of appointment
(1) The Minister may terminate the appointment of the Commissioner: (a) for misbehaviour; or (b) if the Commissioner is unable to perform the duties of his or her office because of physical or mental…
Section 181U — Staff of the Commission
(1) The staff of the Commission must be persons engaged under the Public Service Act 1999. (2) For the purposes of that Act: (a) the Commissioner and the staff of the Commission together constitute a…
Section 181V — Consultants
(1) The Commissioner may, on behalf of the Commonwealth, engage consultants to assist in the performance of the Commissioner’s functions. (2) The consultants are to be engaged on the terms and…
Section 181W — Persons assisting the Commissioner
The Commissioner may be assisted: (a) by employees of Agencies (within the meaning of the Public Service Act 1999); or (b) by officers or employees of a State or Territory; or (c) by officers or…
Section 181X — Simplified outline of this Chapter
• The Commissioner must establish, operate and maintain the NDIS worker screening database. • The database will keep a record of decisions made in relation to persons who have made an application for…
Section 181Y — NDIS worker screening database
(1) The Commissioner must establish, operate and maintain a database for the purposes of this Act, to be known as the NDIS worker screening database. Note: As subsection (1) confers a function on the…
Section 181Z — Aged care clearance decision taken to be NDIS clearance decision
(1) This section applies if an aged care clearance decision is in force, under an aged care worker screening law, in respect of a person in working, or seeking to work, with individuals accessing…
Section 182 — Debts due to the Agency
(1) If: (a) a payment is made to a person that is, or purports to be, a payment of an NDIS amount to or in respect of a participant; and (b) the person is not entitled for any reason to the payment…
Section 183 — Legal proceedings
(1) A debt under this Act is recoverable by the Agency by means of legal proceedings brought by the CEO on behalf of the Agency in a court of competent jurisdiction. (2) Subject to subsections (3),…
Section 184 — Arrangement for payment of debt
(1) The CEO may enter into an arrangement with a person under which the person is to pay a debt, owed by the person to the Agency under this Act, or the outstanding amount of such a debt, in a way…
Section 185 — Recovery of amounts from financial institutions
(1) If: (a) an NDIS amount or NDIS amounts are paid to a financial institution for the credit of an account kept with the institution; and (b) the CEO is satisfied that the payment or payments were…
Section 186 — Power to obtain information from a person who owes a debt to the Agency
The CEO may require a person who owes a debt to the Agency under this Act to do one or more of the following: (a) give to the Agency information that is relevant to the person’s financial situation;…
Section 187 — Power to obtain information about a person who owes a debt to the Agency
If the CEO has reasonable grounds to believe that a person has information, or has custody or control of a document: (a) that would help the Agency locate another person (the debtor) who owes a debt…