National Disability Insurance Scheme Act 2013
Sections and provisions with full text and the judgments that cite each one.
Section 188 — Written notice of requirement
(1) A requirement under this Division 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…
Section 189 — Offence—refusal or failure to comply with requirement
(1) A person must not refuse or fail to comply with a requirement under this Division to give information or produce a document. Penalty: 30 penalty units. Note: If a body corporate is convicted of…
Section 190 — CEO may write off debt
(1) Subject to subsection (2), the CEO may, on behalf of the Agency, decide to write off a debt, for a stated period or otherwise. (2) The CEO may decide to write off a debt under subsection (1) if,…
Section 191 — Power to waive Agency’s right to recover debt
(1) On behalf of the Agency, the CEO may waive the Agency’s right to recover the whole or a part of a debt from a debtor only in the circumstances described in section 192, 193, 194 or 195. (2) A…
Section 192 — Waiver of debt arising from error
The CEO must waive the right to recover the proportion of a debt that is attributable solely to an administrative error made by the Agency if the debtor received in good faith the payment or payments…
Section 193 — Waiver of small debt
The CEO may waive the right to recover a debt if: (a) the debt is, or is likely to be, less than $200; and (b) it is not cost effective for the Agency to take action to recover the debt.
Section 194 — Waiver in relation to settlements
(1) If the Agency has agreed to settle a civil action against a debtor for recovery of a debt for less than the full amount of the debt, the CEO must waive the right to recover the difference between…
Section 195 — Waiver in special circumstances
The CEO may waive the right to recover a debt if: (a) the debt did not result wholly or partly from the debtor or another person knowingly: (i) making a false or misleading statement or…
Section 196 — Method of notification by CEO
If this Act, the regulations or the National Disability Insurance Scheme rules require or permit the CEO to notify a person, the CEO may notify the person: (a) by sending the notice by prepaid post…
Section 197 — CEO not required to make a decision
(1) If this Act, the regulations or the National Disability Insurance Scheme rules require a request or application to be in a form approved by the CEO, the CEO is not required to make a decision on…
Section 197A — Method of notification by Commissioner
If this Act, the regulations or the National Disability Insurance Scheme rules require or permit the Commissioner to notify a person, the Commissioner may notify the person: (a) by sending the notice…
Section 197B — Commissioner not required to make a decision
(1) If this Act, the regulations or the National Disability Insurance Scheme rules require a request or application to be in a form approved by the Commissioner, the Commissioner is not required to…
Section 198 — Protection of participant against liability for actions of persons
Nothing in this Part renders a participant guilty of an offence against this Act in relation to any act or omission of a person who does a thing because of section 74.
Section 199 — Protection against criminal liability
A person who does a thing because of section 74 is not subject to any criminal liability under this Act in relation to: (a) any act or omission of the participant concerned; or (b) anything done, or…
Section 199A — Physical elements of offences
(1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct rule provision) commits an offence. (2) For the purposes of applying…
Section 199B — Contravening offence and civil penalty provisions
(1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty. (2)…
Section 199C — Evidentiary certificates—proceedings generally
(1) In any of the following proceedings, a certificate signed by the Commissioner is prima facie evidence of the matters specified in it: (a) proceedings for an offence against this Act; (b)…
Section 200 — Evidentiary certificates—reparation orders
(1) For the purposes of paragraph 21B(1)(c) of the Crimes Act 1914, as it applies in relation to an offence against Part 7.3 or 7.4 of the Criminal Code relating to the Agency or this Act, a…
Section 200A — Legal assistance for review not funded
Nothing in this Act permits or requires the Agency to fund legal assistance for prospective participants or participants in relation to review of decisions made under this Act.
Section 201 — Delegation by the Minister to the CEO
(1) The Minister may, in writing, delegate to the CEO his or her powers under section 209. (2) The Minister must not delegate to the CEO his or her powers under section 209 unless each host…
Section 201A — Delegation by the Minister to the Commissioner
(1) The Minister may, in writing, delegate to the Commissioner his or her powers under section 209 to make National Disability Insurance Scheme rules for the purposes of the following provisions: (a)…
Section 202 — Delegation by the CEO
(1) The CEO may, in writing, delegate to an Agency officer any or all of his or her powers or functions under this Act, the regulations or the National Disability Insurance Scheme rules. (2) Despite…
Section 202A — Delegation by the Commissioner
(1) Subject to subsection (2) and section 202B, the Commissioner may, in writing, delegate to a Commission officer any or all of his or her powers or functions under this Act, the regulations or the…
Section 202B — Delegation of compliance and enforcement powers
(1) The Commissioner may, in writing, delegate the Commissioner’s powers and functions under Part 3B of Chapter 4 (compliance and enforcement) to APS employees in the Commission in accordance with…
Section 203 — Application of Act to unincorporated bodies
(1) This Act applies to an entity that: (c) is a registered NDIS provider; or (d) wishes to apply for registration as a registered NDIS provider; or (e) is an NDIS provider; as if the entity were a…
Section 204 — Time frames for decision making by persons other than the CEO
If this Act requires or provides for a person other than the CEO to do a thing within a specified period, the National Disability Insurance Scheme rules may prescribe that the thing is to be done…
Section 204A — Report by Commonwealth Ombudsman
(1) As soon as practicable after the end of each financial year, the Commonwealth Ombudsman must prepare and give to the Minister a report about some or all of the matters prescribed by the National…
Section 205 — Act binds Crown
(1) This Act binds the Crown in each of its capacities. (2) However, this Act does not make the Crown liable to be prosecuted for an offence. (3) To avoid doubt, subsection (2) does not prevent the…
Section 206 — Alternative constitutional basis
(1) Without limiting its effect apart from this subsection, this Act also has the effect it would have if its operation were expressly confined to: (a) the provision of pharmaceutical, sickness or…
Section 207 — Concurrent operation of State laws
(1) It is the intention of the Parliament that this Act is not to apply to the exclusion of a law of a State or Territory to the extent that that law is capable of operating concurrently with this…
Section 207A — State or Territory agreement required in relation to certain delegations under this Act
(1) The CEO may not delegate a power or function under this Act to an officer or employee of a State or Territory, or an officer or employee of a body established for a public purpose by or under a…
Section 209 — The National Disability Insurance Scheme rules
(1) The Minister may, by legislative instrument, make rules called the National Disability Insurance Scheme rules prescribing matters: (a) required or permitted by this Act to be prescribed by the…
Section 209A — Process for seeking agreement to Category A rules—normal process
(1) In seeking the agreement of a host jurisdiction for the purposes of section 209 to the making of Category A National Disability Insurance Scheme rules, the Minister must (subject to subsection…
Section 209B — Process for seeking agreement to certain Category A rules where no substantial financial or policy implications
(1) This section applies if the Minister: (a) is proposing to make National Disability Insurance Scheme rules for the purposes of section 32K or 32L; and (b) considers that the rules do not have any…
Section 209C — Dispute resolution process for Category A rules
(1) This section sets out a dispute resolution process for the making of Category A National Disability Insurance Scheme rules. (2) The Prime Minister may, within 14 days after the day on which the…
Section 209D — Process for seeking agreement to Category B rules and Category C rules
(1) In seeking the agreement of a host jurisdiction for the purposes of section 209 to the making of Category B National Disability Insurance Scheme rules or Category C National Disability Insurance…
Section 210 — Regulations
(1) The Governor-General may make regulations prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving…
Section 211 — Information about consultation to be included in explanatory statements
(1) A description of the nature of consultation undertaken in relation to a legislative instrument made under this Act that is required by paragraph 15J(2)(d) of the Legislation Act 2003 to be…