National Disability Insurance Scheme

Act 2013
No. 20, 2013

Compilation No. 21

Compilation date: 14 October 2024

Includes amendments: Act No. 38, 2024

Prepared by the Office of Parliamentary Counsel, Canberra

Authorised Version C2024C00476 registered 14/10/2024

About this compilation
This compilation
This is a compilation of the National Disability Insurance Scheme Act 2013 that
shows the text of the law as amended and in force on 14 October 2024 (the
compilation date).
The notes at the end of this compilation (the endnotes) include information
about amending laws and the amendment history of provisions of the compiled
law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the
compiled law. Any uncommenced amendments affecting the law are accessible
on the Register (www.legislation.gov.au). The details of amendments made up
to, but not commenced at, the compilation date are underlined in the endnotes.
For more information on any uncommenced amendments, see the Register for
the compiled law.
Application, saving and transitional provisions for provisions and
amendments
If the operation of a provision or amendment of the compiled law is affected by
an application, saving or transitional provision that is not included in this
compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see
the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as
modified but the modification does not amend the text of the law. Accordingly,
this compilation does not show the text of the compiled law as modified. For
more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a
provision of the law, details are included in the endnotes.

Authorised Version C2024C00476 registered 14/10/2024

Contents
Chapter 1—Introduction 1

Part 1—Preliminary 1
1 Short title.............................................................................................1
2 Commencement ..................................................................................1

Part 2—Objects and principles 4

3 Objects of Act .....................................................................................4
4 General principles guiding actions under this Act..............................6
5 General principles guiding actions of people who may do
acts or things on behalf of others ........................................................8
6 Agency may provide support and assistance ......................................9
7 Provision of notice, approved form or information under this
Act etc. ................................................................................................9

Part 3—Simplified outline 11

8 Simplified outline .............................................................................11

Part 4—Definitions 14
9 Definitions ........................................................................................14
9A Approved forms ................................................................................25
10 Definition of NDIS support...............................................................25
10B Definition of NDIS worker screening law ........................................28
11 Definitions relating to compensation................................................28
11A Definition of key personnel...............................................................29

Part 5—Ministerial Council 31

12 Ministerial Council functions etc......................................................31

Chapter 2—Assistance for people with disability and

others 32
13 Agency may provide coordination, strategic and referral
services etc. to people with disability ...............................................32
14 Agency may provide funding to persons or entities .........................32
15 Agency may provide information .....................................................33
16 Agency may assist in relation to doing things under Chapter ..........33
17 National Disability Insurance Scheme rules.....................................33

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Chapter 3—Participants and their plans 34

Part 1A—Principles 34
17A Principles relating to the participation of people with
disability............................................................................................34

Part 1—Becoming a participant 35

18 Person may make a request to become a participant ........................35
19 Matters relating to access requests....................................................35
20 CEO must consider and decide access requests................................36
21 When a person meets the access criteria...........................................36
22 Age requirements..............................................................................37
23 Residence requirements ....................................................................37
24 Disability requirements.....................................................................38
25 Early intervention requirements........................................................39
26 Requests that the CEO may make.....................................................40
27 National Disability Insurance Scheme rules relating to
disability requirements and early intervention requirements............42
28 When a person becomes a participant...............................................42
29 When a person ceases to be a participant .........................................43
30 Revocation of participant status........................................................43
30A Requirement to consider status of certain participants .....................46

Part 2—Participants’ plans 50

Division 1—Principles relating to plans 50
31 Principles relating to plans................................................................50
Division 2—Preparing participants’ plans 52
Subdivision A—Facilitating preparation of participants’ plans 52
32 CEO must facilitate preparation of participant’s plan ......................52
32A Kinds of plans ...................................................................................53
32B Participants that are to have new framework plans ..........................53
32BA Notice of impairments ......................................................................53
Subdivision B—Content of new framework plans 55
32C Application of this Subdivision ........................................................55
32D Matters that must be included in a participant’s plan .......................56
32E Reasonable and necessary budget—entitlement to flexible
funding or stated supports.................................................................59
32F Reasonable and necessary budget—flexible funding .......................61
32G Reasonable and necessary budget—stated supports.........................62

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 32H Reasonable and necessary budget—requirements relating to
acquisition or provision of supports..................................................64
32J Reasonable and necessary budget—National Disability
Insurance Scheme rules ....................................................................65
32K Reasonable and necessary budget—working out total
funding amounts ...............................................................................65
32L Assessment of participant’s need for supports .................................67
Subdivision C—Content of old framework plans 69
32M Application of this Subdivision ........................................................69
33 Matters that must be included in a participant’s plan .......................70
34 Reasonable and necessary supports ..................................................76
35 National Disability Insurance Scheme rules for statement of
participant supports...........................................................................77
Subdivision D—Information and reports 78
36 Requesting information and reports..................................................78
Subdivision E—When a plan is in effect etc. 81
37 When plan is in effect .......................................................................81
38 Copy of plan to be provided .............................................................81
39 Agency must comply with the statement of participant
supports.............................................................................................82
40 Effect of temporary absence on plans...............................................82
41 Suspension of plans ..........................................................................82
Division 3—Managing the funding for supports under
participants’ plans 84
42 Meaning of managing the funding for supports under a
participant’s plan...............................................................................84
43 Choice for the participant in relation to plan management...............84
44 Circumstances in which persons must not manage funding .............88
45 Payment of amounts payable under the National Disability
Insurance Scheme—general .............................................................91
45A Payment of amounts payable under the National Disability
Insurance Scheme—need for a claim ...............................................93
46 Acquittal of NDIS amounts ..............................................................95
46A Protection of NDIS amounts.............................................................97
46B Garnishee orders ...............................................................................97
Division 4—Varying and replacing participants’ plans 98
47 Variation of participant’s plan—change of participant’s
statement of goals and aspirations ....................................................98

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 47A Variation of participant’s plan on request of participant or
CEO’s own initiative ........................................................................98
48 Reassessment of participant’s plan on request of participant
or CEO’s own initiative ..................................................................106
49 Reassessment of participant’s plan before plan’s
reassessment date............................................................................108
49A Reassessment of participant’s plan in circumstances
specified in plan ..............................................................................109
49B No reassessment of old framework plan if participant to have
new framework plans......................................................................109
50 Information and reports for the purposes of varying or
reassessing a participant’s plan.......................................................109

Chapter 4—Administration 111

Part 1—General matters 111

Division 1—Participants and prospective participants 111
50J CEO to comply with requirements in relation to prospective
participants or participants..............................................................111
51 Requirement to notify change of circumstances.............................111
52 Requirements relating to notices.....................................................112
53 Power to obtain information from participants and
prospective participants to ensure the integrity of the
National Disability Insurance Scheme............................................112
54 Written notice of requirement.........................................................113
Division 2—Other persons 114
55 Power of CEO to obtain information from other persons to
ensure the integrity of the National Disability Insurance
Scheme............................................................................................114
55A Power of Commissioner to obtain information from other
persons to ensure the integrity of the National Disability
Insurance Scheme etc......................................................................115
56 Written notice of requirement.........................................................115
57 Offence—refusal or failure to comply with requirement ...............117
Division 3—Interaction with other laws 118
58 Obligations not affected by State or Territory laws........................118
59 Interaction with Commonwealth laws ............................................118

Part 2—Privacy 119

Division 1—Information held by the Agency 119
60 Protection of information held by the Agency etc..........................119

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 62 Offence—unauthorised use or disclosure of protected
Agency information ........................................................................120
63 Offence—soliciting disclosure of protected Agency
information......................................................................................120
64 Offence—offering to supply protected Agency information..........121
66 Disclosure of information by CEO .................................................121
67 National Disability Insurance Scheme rules for exercise of
CEO’s disclosure powers................................................................123
Division 2—Information held by the Commission 124
67A Protection of information held by the Commission etc. .................124
67B Offence—unauthorised use or disclosure of protected
Commission information ................................................................125
67C Offence—soliciting disclosure of protected Commission
information......................................................................................126
67D Offence—offering to supply protected Commission
information......................................................................................126
67E Disclosure of information by Commissioner..................................127
67F National Disability Insurance Scheme rules for exercise of
Commissioner’s disclosure powers ................................................128
Division 3—Information generally 129
67G Protection of certain documents etc. from production to court
etc....................................................................................................129
67H Part does not affect the operation of the Freedom of
Information Act 1982 ......................................................................129

Part 3A—NDIS providers 130

Division 2—Registered NDIS providers 130
73B Requirement to be a registered NDIS provider ..............................130
73C Application to be a registered NDIS provider ................................130
73D False or misleading information or documents in application........131
73E Registration as a registered NDIS provider ....................................132
73F Registration is subject to conditions ...............................................134
73G Conditions specified in certificate of registration...........................135
73H Conditions determined by NDIS rules............................................136
73J Registered NDIS providers must comply with conditions of
registration ......................................................................................136
73K Extension of period for which registration is in force ....................136
73L Variation of registration..................................................................136
73M Application for variation of registration .........................................137
73N Suspension of registration...............................................................138

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 73P Revocation of registration...............................................................140
73Q Record keeping by registered NDIS providers ...............................142
73R Record keeping by former registered NDIS providers ...................142
73S Grants of financial assistance in relation to registration.................142
Division 3—Quality assurance 143
73T NDIS Practice Standards ................................................................143
73U Approved quality auditors ..............................................................143
Division 4—NDIS Code of Conduct 146
73V NDIS Code of Conduct...................................................................146
Division 5—Complaints management and resolution 147
73W Complaints management and resolution system—registered
NDIS providers ...............................................................................147
73X Arrangements relating to the management and resolution of
complaints.......................................................................................147
Division 6—Incident management—registered NDIS providers 149
73Y Incident management system..........................................................149
73Z Reportable incidents .......................................................................149
Division 7—Protection of disclosers 151
73ZA Disclosures qualifying for protection .............................................151
73ZB Disclosure that qualifies for protection not actionable etc. ............152
73ZC Victimisation prohibited .................................................................153
73ZD Right to compensation ....................................................................154
Division 8—Compliance and enforcement 155
73ZE Monitoring powers..........................................................................155
73ZF Investigation powers .......................................................................156
73ZG Use of equipment to examine or process things .............................157
73ZH Use of electronic equipment at other place.....................................159
73ZI Person with knowledge of a computer or a computer system
to assist access etc...........................................................................160
73ZJ Compensation for damage to electronic equipment .......................162
73ZK Civil penalty provisions ..................................................................163
73ZL Infringement notices .......................................................................164
73ZM Compliance notices.........................................................................165
73ZN Banning orders................................................................................166
73ZO Variation or revocation of banning orders......................................170
73ZP Enforceable undertakings ...............................................................171
73ZQ Injunctions ......................................................................................172
73ZR Appointment of inspectors and investigators..................................173

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 Division 9—NDIS Provider Register 175
73ZS NDIS Provider Register ..................................................................175

Part 4—Children 178

74 Children ..........................................................................................178
75 Definition of parental responsibility ..............................................181
76 Duty to children ..............................................................................182
77 Revocation of determinations under section 74..............................183

Part 5—Nominees 184

Division 1—Functions and responsibilities of nominees 184
78 Actions of plan nominee on behalf of participant...........................184
79 Actions of correspondence nominee on behalf of participant ........185
80 Duties of nominees to participant etc. ............................................185
81 Giving of notices to correspondence nominee................................186
82 Compliance by correspondence nominee .......................................187
83 Nominee to inform Agency of matters affecting ability to act
as nominee ......................................................................................188
84 Statement by plan nominee regarding disposal of money ..............189
85 Right of nominee to attend with participant ...................................190
Division 2—Appointment and cancellation or suspension of
appointment 191
86 Appointment of plan nominee ........................................................191
87 Appointment of correspondence nominee ......................................191
88 Provisions relating to appointments................................................192
89 Circumstances in which the CEO must cancel appointment
of nominees.....................................................................................193
90 General circumstances in which CEO may cancel or suspend
appointment of nominees................................................................194
91 Suspension etc. of appointment of nominees in cases of
physical, mental or financial harm..................................................196
92 Other matters relating to cancellation or suspension of
appointment ....................................................................................197
93 National Disability Insurance Scheme rules may prescribe
requirements etc..............................................................................197
94 CEO’s powers of revocation...........................................................198
Division 3—Other matters relating to nominees 199
95 CEO’s powers to give notices to participant ..................................199
96 Notification of nominee where notice is given to participant.........199

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 97 Protection of participant against liability for actions of
nominee...........................................................................................199
98 Protection of nominee against criminal liability.............................199

Part 6—Review of decisions 201

99 Reviewable decisions and decision-makers....................................201
100 Review of reviewable decisions .....................................................205
101 Effect of later decisions before review completed..........................207
102 Withdrawal of request for review ...................................................208
103 Applications to the Administrative Review Tribunal .....................209

Chapter 5—Compensation payments 210

Part 1—Requirement to take action to obtain compensation 210

104 CEO may require person to take action to obtain
compensation ..................................................................................210
105 Consequences of failure to comply with a requirement to
take action to obtain compensation.................................................211
105A Matters relating to claims etc. by CEO...........................................213
105B Recovery of amounts relating to claims etc. by CEO.....................214

Part 2—Agency may recover compensation fixed after NDIS

amounts have been paid 215
106 Recovering past NDIS amounts from certain judgements..............215
107 Recovering past NDIS amounts from consent judgements
and settlements................................................................................216
108 Debts resulting from section 106 or 107.........................................218

Part 3—Recovery from compensation payers and insurers 219

109 CEO may send preliminary notice to potential compensation
payer or insurer ...............................................................................219
110 Offence—potential compensation payer or insurer ........................220
111 CEO may send recovery notice to compensation payer or
insurer .............................................................................................221
112 Preliminary notice or recovery notice suspends liability to
pay compensation ...........................................................................222
113 Compensation payer’s or insurer’s payment to Agency
discharges liability to participant....................................................223
114 Offence—making compensation payment after receiving
preliminary notice or recovery notice.............................................223
115 Liability to pay the Agency if there is a contravention of
section 114 ......................................................................................224

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Part 4—CEO may disregard certain payments 226
116 CEO may disregard certain payments ............................................226

Chapter 6—National Disability Insurance Agency 227

Part 1—National Disability Insurance Agency 227

117 National Disability Insurance Agency............................................227
118 Functions of the Agency .................................................................227
119 Powers of the Agency .....................................................................230
120 Charging of fees..............................................................................230
121 Minister may give directions to the Agency...................................231
122 Agency does not have privileges and immunities of the
Crown..............................................................................................233

Part 2—Board of the Agency 234

Division 1—Establishment and functions 234
123 Board of the National Disability Insurance Agency.......................234
124 Functions of the Board....................................................................234
125 Minister may give the Board a statement setting out strategic
guidance for the Agency .................................................................235
125A Matters to be considered in performing functions ..........................236
125B Rules about management of risk and performance of Board’s
functions..........................................................................................237
Division 2—Members of the Board 238
126 Membership ....................................................................................238
127 Appointment of Board members.....................................................238
128 Term of appointment ......................................................................240
129 Acting appointments .......................................................................241
130 Remuneration and allowances ........................................................242
131 Leave of absence.............................................................................242
132 Outside employment .......................................................................243
133 Resignation of Board members.......................................................243
134 Termination of appointment of Board members.............................243
135 Other terms and conditions of Board members ..............................245
Division 3—Meetings of the Board 247
136 Convening meetings .......................................................................247
137 Presiding at meetings ......................................................................247
138 Quorum ...........................................................................................247
139 Voting at meetings ..........................................................................248

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 140 Conduct of meetings .......................................................................248
141 Minutes ...........................................................................................248
142 Decisions without meetings ............................................................248

Part 3—Independent Advisory Council 250

Division 1—Establishment and function 250
143 Establishment..................................................................................250
144 Function of the Advisory Council ..................................................250
145 Advice of the Advisory Council .....................................................251
Division 2—Members of the Advisory Council 252
146 Membership ....................................................................................252
147 Appointment of members of the Advisory Council........................252
148 Term of appointment ......................................................................253
149 Acting appointments .......................................................................253
150 Remuneration and allowances ........................................................254
151 Leave of absence.............................................................................255
152 Disclosure of interests to the Minister ............................................255
153 Disclosure of interests to the Advisory Council .............................255
154 Resignation of members of the Advisory Council..........................256
155 Termination of appointment of members of the Advisory
Council............................................................................................256
156 Other terms and conditions of members of the Advisory
Council............................................................................................257
Division 3—Procedures of the Advisory Council 258
157 Procedures of the Advisory Council...............................................258

Part 4—Chief Executive Officer and staff etc. 259

Division 1—Chief Executive Officer 259
158 Establishment..................................................................................259
159 Functions of the CEO .....................................................................259
160 Appointment of the CEO ................................................................259
161 Acting appointments .......................................................................260
162 Remuneration and allowances ........................................................260
163 Leave of absence.............................................................................260
164 Outside employment .......................................................................261
165 Disclosure of interests.....................................................................261
166 Resignation of the CEO ..................................................................261
167 Termination of appointment of the CEO ........................................261
168 Other terms and conditions of the CEO..........................................262

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 Division 2—Staff etc. 263
169 Staff.................................................................................................263
170 Services of other persons to be made available to the Agency.......263
171 Consultants .....................................................................................263

Part 5—Reporting and planning 264

Division 1—Reporting 264
Subdivision A—Reporting by Board members 264
172 Annual report ..................................................................................264
173 Giving certain information to the Ministerial Council ...................266
174 Quarterly report to the Ministerial Council ....................................266
Subdivision B—Reporting by the Agency 267
175 Giving information requested by Commonwealth, State or
Territory Ministers..........................................................................267
175A Monthly summary of statistics........................................................268
Subdivision C—Reporting by the Minister 269
176 Giving certain information to the Ministerial Council ...................269
Division 2—Planning 270
177 Corporate plan.................................................................................270

Part 6—Finance 271

178 Payments to the Agency by the Commonwealth ............................271
179 Payments to the Agency by the host jurisdictions ..........................271
180 Application of money by the Agency .............................................271

Part 6A—Actuarial assessment of financial sustainability 273

Division 1—Scheme actuary and annual financial sustainability
report 273
180A Nomination of scheme actuary .......................................................273
180B Duties of scheme actuary................................................................273
180C Rules for performance of scheme actuary’s duties.........................274
Division 2—Reviewing actuary 276
180D Nomination of reviewing actuary ...................................................276
180E Duties of reviewing actuary............................................................277
Division 3—Assistance of scheme actuary and reviewing actuary 278
180F Agency to assist scheme actuary and reviewing actuary................278

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Part 7—Miscellaneous 279
181 Taxation ..........................................................................................279

Chapter 6A—NDIS Quality and Safeguards

Commission 280

Part 1—Commission establishment and functions 280

181A Establishment of the Commission ..................................................280
181B Commission’s functions .................................................................281

Part 2—NDIS Quality and Safeguards Commissioner 282

181C Commissioner .................................................................................282
181D Commissioner’s functions and powers ...........................................282
181E Commissioner’s core functions ......................................................283
181F Commissioner’s registration and reportable incident
functions..........................................................................................284
181G Commissioner’s complaints functions............................................285
181H Commissioner’s behaviour support function..................................286
181J Charging of fees by Commissioner ................................................287
181K Minister may give directions to the Commissioner ........................287
181L Appointment of the Commissioner.................................................288
181M Acting appointments .......................................................................288
181N Remuneration and allowances ........................................................289
181P Leave of absence.............................................................................289
181Q Outside employment .......................................................................289
181R Other terms and conditions .............................................................290
181S Resignation .....................................................................................290
181T Termination of appointment ...........................................................290

Part 3—Staff etc. of the Commission 292

181U Staff of the Commission .................................................................292
181V Consultants .....................................................................................292
181W Persons assisting the Commissioner ...............................................292

Chapter 6B—NDIS worker screening database 293

181X Simplified outline of this Chapter...................................................293
181Y NDIS worker screening database....................................................293

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Chapter 7—Other matters 297

Part 1—Debt recovery 297

Division 1—Debts 297
182 Debts due to the Agency.................................................................297
Division 2—Methods of recovery 299
183 Legal proceedings ...........................................................................299
184 Arrangement for payment of debt...................................................299
185 Recovery of amounts from financial institutions............................300
Division 3—Information relating to debts 303
186 Power to obtain information from a person who owes a debt
to the Agency ..................................................................................303
187 Power to obtain information about a person who owes a debt
to the Agency ..................................................................................303
188 Written notice of requirement.........................................................303
189 Offence—refusal or failure to comply with requirement ...............304
Division 4—Non-recovery of debts 305
190 CEO may write off debt..................................................................305
191 Power to waive Agency’s right to recover debt..............................306
192 Waiver of debt arising from error ...................................................306
193 Waiver of small debt.......................................................................306
194 Waiver in relation to settlements ....................................................307
195 Waiver in special circumstances.....................................................308

Part 2—General matters 309

196 Method of notification by CEO ......................................................309
197 CEO not required to make a decision .............................................309
197A Method of notification by Commissioner.......................................309
197B Commissioner not required to make a decision..............................310
198 Protection of participant against liability for actions of
persons ............................................................................................310
199 Protection against criminal liability................................................310
200 Evidentiary effect of CEO’s certificate ..........................................310
200A Legal assistance for review not funded...........................................311
201 Delegation by the Minister to the CEO ..........................................311
201A Delegation by the Minister to the Commissioner ...........................312
202 Delegation by the CEO ...................................................................314
202A Delegation by the Commissioner....................................................314
202B Delegation of regulatory powers.....................................................314

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 203 Application of Act to unincorporated bodies..................................316
204 Time frames for decision making by persons other than the
CEO ................................................................................................317
204A Report by Commonwealth Ombudsman.........................................318

Part 3—Constitutional matters 319

205 Act binds Crown .............................................................................319
206 Alternative constitutional basis.......................................................319
207 Concurrent operation of State laws.................................................320
207A State or Territory agreement required in relation to certain
delegations under this Act...............................................................320

Part 5—Legislative instruments 321

209 The National Disability Insurance Scheme rules............................321
209A Process for seeking agreement to Category A rules—normal
process ............................................................................................327
209B Process for seeking agreement to certain Category A rules
where no substantial financial or policy implications ....................329
209C Dispute resolution process for Category A rules ............................331
209D Process for seeking agreement to Category B rules and
Category C rules .............................................................................333
210 Regulations .....................................................................................334
211 Information about consultation to be included in explanatory
statements........................................................................................335

Endnotes 336
Endnote 1—About the endnotes 336
Endnote 2—Abbreviation key 338
Endnote 3—Legislation history 339
Endnote 4—Amendment history 344

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 Introduction Chapter 1
Preliminary Part 1

Section 1

An Act to establish the National Disability

Insurance Scheme, and for related purposes

Chapter 1—Introduction
Part 1—Preliminary

1 Short title
This Act may be cited as the National Disability Insurance Scheme
Act 2013.

2 Commencement
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, in accordance with
column 2 of the table. Any other statement in column 2 has effect
according to its terms.

Commencement information
Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details
1. Sections 1 and The day this Act receives the Royal Assent. 28 March 2013
2 and anything in
this Act not
elsewhere covered
by this table
2. Sections 3 to The day after this Act receives the Royal 29 March 2013
12 Assent.

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Chapter 1 Introduction
Part 1 Preliminary

Section 2

Commencement information
Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details
3. Chapters 2 and A day or days to be fixed by Proclamation. 1 July 2013
3 However, if any of the provision(s) do not (see
commence within the period of 6 months F2013L00994)
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
4. Chapter 4, A day or days to be fixed by Proclamation. 1 July 2013
Part 1, Division 1 However, if any of the provision(s) do not (see
commence within the period of 6 months F2013L00994)
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
5. Chapter 4, The day after this Act receives the Royal 29 March 2013
Part 1, Assent.
Divisions 2 and 3
6. Chapter 4, The day after this Act receives the Royal 29 March 2013
Parts 2 and 3 Assent.
7. Chapter 4, A day or days to be fixed by Proclamation. 1 July 2013
Parts 4, 5 and 6 However, if any of the provision(s) do not (see
commence within the period of 6 months F2013L00994)
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
8. Chapter 5 A day or days to be fixed by Proclamation. 1 July 2013
However, if any of the provision(s) do not (see
commence within the period of 6 months F2013L00994)
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
9. Chapters 6 and The day after this Act receives the Royal 29 March 2013
7 Assent.

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Section 2

Note: This table relates only to the provisions of this Act as originally
enacted. It will not be amended to deal with any later amendments of
this Act.

(2) Any information in column 3 of the table is not part of this Act.
Information may be inserted in this column, or information in it
may be edited, in any published version of this Act.

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Section 3

Part 2—Objects and principles

3 Objects of Act
(1) The objects of this Act are to:
(a) in conjunction with other laws, give effect to Australia’s
obligations under the Convention on the Rights of Persons
with Disabilities done at New York on 13 December 2006
([2008] ATS 12); and
(b) provide for the National Disability Insurance Scheme in
Australia; and
(c) support the independence and social and economic
participation of people with disability; and
(d) provide reasonable and necessary supports, including early
intervention supports, for participants in the National
Disability Insurance Scheme; and
(e) enable people with disability to exercise choice and control
in the pursuit of their goals and the planning and delivery of
their supports; and
(f) facilitate the development of a nationally consistent approach
to the access to, and the planning and funding of, supports for
people with disability; and
(g) promote the provision of high quality and innovative
supports that enable people with disability to maximise
independent lifestyles and full inclusion in the community;
and
(ga) protect and prevent people with disability from experiencing
harm arising from poor quality or unsafe supports or services
provided under the National Disability Insurance Scheme;
and
(h) raise community awareness of the issues that affect the social
and economic participation of people with disability, and
facilitate greater community inclusion of people with
disability; and

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(i) in conjunction with other laws, give effect to certain

obligations that Australia has as a party to:
(i) the International Covenant on Civil and Political Rights
done at New York on 16 December 1966 ([1980] ATS
23); and
(ii) the International Covenant on Economic, Social and
Cultural Rights done at New York on 16 December
1966 ([1976] ATS 5); and
(iii) the Convention on the Rights of the Child done at New
York on 20 November 1989 ([1991] ATS 4); and
(iv) the Convention on the Elimination of All Forms of
Discrimination Against Women done at New York on
18 December 1979 ([1983] ATS 9); and
(v) the International Convention on the Elimination of All
Forms of Racial Discrimination done at New York on
21 December 1965 ([1975] ATS 40).
Note: In 2013, the text of a Convention or Covenant in the Australian Treaty
Series was accessible through the Australian Treaties Library on the
AustLII website (www.austlii.edu.au).

(2) These objects are to be achieved by:

(a) providing the foundation for governments to work together to
develop and implement the National Disability Insurance
Scheme; and
(b) adopting an insurance-based approach, informed by actuarial
analysis, to the provision and funding of supports for people
with disability; and
(c) establishing a national regulatory framework for persons and
entities who provide supports and services to people with
disability, including certain supports and services provided
outside the National Disability Insurance Scheme.
(3) In giving effect to the objects of the Act, regard is to be had to:
(b) the need to ensure the financial sustainability of the National
Disability Insurance Scheme; and
(c) the broad context of disability reform provided for in:

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(i) disability strategies agreed to by the Commonwealth

and each host jurisdiction from time to time; and
(ii) the Carer Recognition Act 2010; and
(d) the provision of services by other agencies, Departments or
organisations and the need for interaction between the
provision of mainstream services and the provision of
supports under the National Disability Insurance Scheme.
Note: For subparagraph (c)(i), in 2024 the relevant strategy was Australia’s
Disability Strategy 2021-2031, accessible through the Department’s
website.

4 General principles guiding actions under this Act

(1) People with disability have the same right as other members of
Australian society to realise their potential for physical, social,
emotional and intellectual development.
(2) People with disability should be supported to participate in and
contribute to social and economic life.
(3) People with disability and their families and carers should have
certainty that people with disability will receive the care and
support they need over their lifetime.
(4) People with disability should be supported to exercise choice,
including in relation to taking reasonable risks, in the pursuit of
their goals and the planning and delivery of their supports.
(5) People with disability should be supported to receive reasonable
and necessary supports, including early intervention supports.
(6) People with disability have the same right as other members of
Australian society to respect for their worth and dignity and to live
free from abuse, neglect and exploitation.
(7) People with disability have the same right as other members of
Australian society to pursue any grievance.
(8) People with disability have the same right as other members of
Australian society to be able to determine their own best interests,

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including the right to exercise choice and control, and to engage as

equal partners in decisions that will affect their lives.
(9) People with disability should be supported in all their dealings and
communications with the Agency and the Commission so that their
capacity to exercise choice and control is maximised in a way that
is appropriate to their circumstances and cultural needs.
(9A) People with disability are central to the National Disability
Insurance Scheme and should be included in a co-design capacity.
(10) People with disability should have their privacy and dignity
respected.
(11) Reasonable and necessary supports for people with disability
should:
(a) support people with disability to pursue their goals and
maximise their independence; and
(b) support people with disability to live independently and to be
included in the community as fully participating citizens; and
(c) develop and support the capacity of people with disability to
undertake activities that enable them to participate in the
community and in employment.
(12) The role of families, carers and other significant persons in the
lives of people with disability is to be acknowledged and respected.
(12A) The relationship between people with disability and their families
and carers is to be recognised and respected.
(13) The role of advocacy in representing the interests of people with
disability is to be acknowledged and respected, recognising that
advocacy supports people with disability by:
(a) promoting their independence and social and economic
participation; and
(b) promoting choice and control in the pursuit of their goals and
the planning and delivery of their supports; and
(c) maximising independent lifestyles of people with disability
and their full inclusion in the community.

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(14) People with disability should be supported to receive supports

outside the National Disability Insurance Scheme, and be assisted
to coordinate these supports with the supports provided under the
National Disability Insurance Scheme.
(15) In exercising their right to choice and control, people with
disability require access to a diverse and sustainable market for
disability supports in which innovation, quality, continuous
improvement, contemporary best practice and effectiveness in the
provision of those supports is promoted.
(16) Positive personal and social development of people with disability,
including children and young people, is to be promoted.
(17) It is the intention of the Parliament that the Ministerial Council, the
Minister, the Board, the CEO, the Commissioner and any other
person or body is to perform functions and exercise powers under
this Act in accordance with these principles, having regard to the
need to ensure the financial sustainability of the National Disability
Insurance Scheme.

5 General principles guiding actions of people who may do acts or

things on behalf of others
It is the intention of the Parliament that, if this Act requires or
permits an act or thing to be done by or in relation to a person with
disability by another person, the act or thing is to be done, so far as
practicable, in accordance with both the general principles set out
in section 4 and the following principles:
(a) people with disability should be involved in decision making
processes that affect them, and where possible make
decisions for themselves;
(b) people with disability should be encouraged to engage in the
life of the community;
(c) the judgements and decisions that people with disability
would have made for themselves should be taken into
account;

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(d) the cultural and linguistic circumstances, and the sex, gender
identity, sexual orientation and intersex status, of people with
disability should be taken into account;
(e) the supportive relationships, friendships and connections
with others of people with disability should be recognised;
(f) if the person with disability is a child—the best interests of
the child are paramount, and full consideration should be
given to the need to:
(i) protect the child from harm; and
(ii) promote the child’s development; and
(iii) strengthen, preserve and promote positive relationships
between the child and the child’s parents, family
members and other people who are significant in the life
of the child.

6 Agency may provide support and assistance

To support people with disability to exercise choice and control in
the pursuit of their goals, the Agency may provide support and
assistance (including financial assistance) to prospective
participants and participants in relation to doing things or meeting
obligations under, or for the purposes of, this Act.
Note: For example, the Agency might assist a participant to prepare the
participant’s statement of goals and aspirations by assisting the
participant to clarify his or her goals, objectives and aspirations.

7 Provision of notice, approved form or information under this Act

etc.
(1) The contents of any notice, approved form or information given
under this Act, the regulations or the National Disability Insurance
Scheme rules to a person with disability must be explained by the
giver of the notice, approved form or information to the maximum
extent possible to the person in the language, mode of
communication and terms which that person is most likely to
understand.

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(2) An explanation given under subsection (1) must be given both

orally and in writing if reasonably practicable.

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Section 8

Part 3—Simplified outline

8 Simplified outline
The following is a simplified outline of this Act:

This Act provides for the National Disability Insurance Scheme.

The National Disability Insurance Scheme comprises:

(a) the provision of services or activities that are in the
nature of coordination, strategic or referral services or
activities (Chapters 2 and 3); and
(b) funding for persons or entities to enable them to assist
people with disability to participate in economic and
social life (Chapter 2); and
(c) individual plans under which certain supports (called
NDIS supports) will be funded for certain people (called
participants) (Chapter 3).

This Act includes administrative provisions supporting the

operation of the National Disability Insurance Scheme (Chapters 4
and 5), such as:
(a) provisions to ensure the National Disability Insurance
Scheme’s integrity, including limited powers to obtain
information, and requirements relating to protection of
information; and
(b) provisions relating to children; and
(c) provisions for nominees; and
(d) provisions for review of decisions; and
(e) provisions about the treatment of compensation.

This Act also provides for the regulation of persons and entities
who provide supports and services to people with disability under
the National Disability Insurance Scheme. It also regulates

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supports and services provided outside the National Disability

Insurance Scheme in certain circumstances.

A person with disability may receive supports or services from

registered NDIS providers (Part 3A of Chapter 4). Supports and
services may also be received from providers who are not
registered.

This Act also creates the National Disability Insurance Agency

(Chapter 6).

The functions of the Agency include delivering the National

Disability Insurance Scheme.

The Agency also has more general functions, such as:

(a) developing and enhancing the disability sector,
including by facilitating innovation, research and
contemporary best practice in the sector; and
(b) building community awareness of disabilities and the
social contributors to disabilities.

Chapter 6 also:
(a) establishes the Board of the Agency; and
(b) establishes an Independent Advisory Council; and
(c) provides for the Chief Executive Officer and staff of the
Agency; and
(d) provides for reporting and financial matters.

The NDIS Quality and Safeguards Commission and the office of

the NDIS Quality and Safeguards Commissioner are also
established by this Act (Chapter 6A).

The functions of the Commissioner include:

(a) functions relating to the quality and safety of services
and supports provided to people with disability; and
(b) registering and overseeing the operation of NDIS
providers; and

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(c) managing and resolving complaints about NDIS

providers; and
(d) providing leadership in relation to behaviour supports;
and
(e) establishing, operating and maintaining the NDIS
worker screening database (Chapter 6B).

Chapter 7 includes provisions relating to general matters, such as:

(a) debts; and
(c) legislative instruments.

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Section 9

Part 4—Definitions

9 Definitions
In this Act:
access request has the meaning given by section 18.
Advisory Council means the Independent Advisory Council
established by section 143.
Agency means the National Disability Insurance Agency referred
to in subsection 117(1).
Agency officer means:
(a) a member of the staff of the Agency under section 169; or
(b) a person assisting the Agency under section 170.
annual financial sustainability report means a report prepared
under subsection 180B(1).
approved form, in relation to a provision of this Act, means a form
approved under section 9A for the purposes of that provision.
approved quality auditor means a person or body approved by the
Commissioner under section 73U.
banning order means an order made under section 73ZN.
behaviour support function has the meaning given by
section 181H.
Board means the Board of the National Disability Insurance
Agency referred to in section 123.
Board member means a member of the Board (and includes the
Chair).
carer means an individual who:

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(a) provides personal care, support and assistance to another

individual who needs it because that other individual is a
person with disability; and
(b) does not provide the care, support and assistance:
(i) under a contract of service or a contract for the
provision of services; or
(ii) in the course of doing voluntary work for a charitable,
welfare or community organisation; or
(iii) as part of the requirements of a course of education or
training.
centrelink program has the same meaning as in the Human
Services (Centrelink) Act 1997.
CEO means the Chief Executive Officer of the Agency.
Chair means the Chair of the Board.
child means a person who is under 18 years of age.
civil penalty provision has the same meaning as in the Regulatory
Powers Act.
Commission means the NDIS Quality and Safeguards Commission
established by section 181A.
Commissioner means the Commissioner of the NDIS Quality and
Safeguards Commission referred to in section 181C.
Commission officer means:
(a) a member of the staff of the Commission under
section 181U; or
(b) a person assisting the Commissioner under section 181W.
Commonwealth Ombudsman means the person for the time being
holding office as Commonwealth Ombudsman under the
Ombudsman Act 1976.
compensation has the meaning given by section 11.

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complaints functions has the meaning given by section 181G.

compliance notice means a notice given under section 73ZM.
core functions has the meaning given by section 181E.
correspondence nominee means a person who is appointed as the
correspondence nominee of a participant under section 87.
cover, in relation to an enterprise agreement, has the same meaning
as in the Fair Work Act 2009.
decision-maker for a reviewable decision means:
(a) for a reviewable decision referred to in column 1 of the table
in subsection 99(1)—the person referred to in column 3 of
that table in relation to that decision; or
(b) for a reviewable decision specified in the National Disability
Insurance Scheme rules for the purposes of
subsection 99(2)—the person specified in the rules as the
decision-maker for that decision.
developmental delay means a delay in the development of a child
under 6 years of age that:
(a) is attributable to a mental or physical impairment or a
combination of mental and physical impairments; and
(b) results in substantial reduction in functional capacity in one
or more of the following areas of major life activity:
(i) self-care;
(ii) receptive and expressive language;
(iii) cognitive development;
(iv) motor development; and
(c) results in the need for a combination and sequence of special
interdisciplinary or generic care, treatment or other services
that are of extended duration and are individually planned
and coordinated.
Disability Minister for a host jurisdiction means the Minister of the
host jurisdiction who is a member of the Ministerial Council.

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disclose, in relation to information in the NDIS worker screening

database, includes provide electronic access to the information.
enterprise agreement has the same meaning as in the Fair Work
Act 2009.
enters into an agreement to give up his or her right to
compensation: a participant or prospective participant enters into
an agreement to give up his or her right to compensation if he or
she:
(a) enters into an agreement to waive his or her right to
compensation; or
(b) enters into an agreement to withdraw his or her claim for
compensation.
entity means a partnership or an unincorporated association.
entry, in relation to a person and a residential care service, has the
same meaning as in the Aged Care Act 1997.
Finance Minister means the Minister administering the Public
Governance, Performance and Accountability Act 2013.
financial institution means a corporation that is an ADI for the
purposes of the Banking Act 1959.
First Minister for a host jurisdiction means:
(a) if the host jurisdiction is a State—the Premier of the State; or
(b) if the host jurisdiction is a Territory—the Chief Minister of
the Territory.
First Ministers’ Council means a body (however described) that
consists only of, or that includes, the following:
(a) the Prime Minister;
(b) the Premiers of each State;
(c) the Chief Ministers of the Australian Capital Territory and
Northern Territory.
flexible funding has the meaning given by paragraph 32E(2)(a).

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funding component amount, for a group of reasonable and

necessary supports funded under an old framework plan, has the
meaning given by paragraph 33(2A)(c).
funding period:
(a) for flexible funding provided under a new framework plan—
has the meaning given by paragraph 32F(2)(a); and
(b) for funding provided under a new framework plan for a
stated support or class of stated supports—has the meaning
given by paragraph 32G(3)(a); and
(c) for funding provided under an old framework plan for all
reasonable and necessary supports, or a group of reasonable
and necessary supports, funded under the plan—has the
meaning given by paragraph 33(2A)(d).
general supports has the meaning given by subsection 13(2).
grace period has the meaning given by subsection 40(2).
holder, in relation to a visa, has the same meaning as in the
Migration Act 1958.
home care has the same meaning as in the Aged Care Act 1997.
host jurisdiction means the following:
(a) each of the States;
(b) the Australian Capital Territory;
(c) the Northern Territory.
host jurisdiction Minister for a host jurisdiction means a Minister
of the host jurisdiction who is:
(a) a member of the Ministerial Council; or
(b) if the host jurisdiction is a State—the Premier of the State; or
(c) if the host jurisdiction is a Territory—the Chief Minister of
the Territory.
independent advocate, in relation to a person with disability,
means a person who:

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(a) is independent of the Agency, the Commission and any NDIS

providers providing supports or services to the person with
disability; and
(b) provides independent advocacy for the person with disability,
to assist the person with disability to exercise choice and
control and to have their voice heard in matters that affect
them; and
(c) acts at the direction of the person with disability, reflecting
the person with disability’s expressed wishes, will,
preferences and rights; and
(d) is free of relevant conflicts of interest.
Indigenous person means a person who is:
(a) a member of the Aboriginal race of Australia; or
(b) a descendant of an Indigenous inhabitant of the Torres Strait
Islands.
key personnel has the meaning given by section 11A.
managing the funding for supports under a participant’s plan has
the meaning given by section 42.
medicare program has the same meaning as in the Human Services
(Medicare) Act 1973.
meets the access criteria has the meaning given by section 21.
meets the age requirements has the meaning given by section 22.
meets the disability requirements has the meaning given by
section 24.
meets the early intervention requirements has the meaning given
by section 25.
meets the residence requirements has the meaning given by
section 23.
Ministerial Council means a body (however described) that
consists of the Minister of the Commonwealth, and the Minister of

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each State and Territory, who is responsible, or principally

responsible, for matters relating to the National Disability
Insurance Scheme.
National Disability Insurance Scheme means the arrangements set
out in Chapters 2 and 3.
National Disability Insurance Scheme rules means the rules
mentioned in section 209.
NDIS amount means an amount paid under the National Disability
Insurance Scheme in respect of supports (other than general
supports) funded under a participant’s plan.
NDIS Code of Conduct means the National Disability Insurance
Scheme rules made for the purposes of section 73V.
NDIS Practice Standards means the National Disability Insurance
Scheme rules made for the purposes of section 73T.
NDIS provider means:
(a) a person (other than the Agency) who receives:
(i) funding under the arrangements set out in Chapter 2; or
(ii) NDIS amounts (other than as a participant); or
(b) a person or entity:
(i) who provides supports or services to people with
disability other than under the National Disability
Insurance Scheme; and
(ii) who is prescribed by the National Disability Insurance
Scheme rules for the purposes of this subparagraph.
NDIS Provider Register means the register maintained under
section 73ZS.
NDIS support, for a participant, has the meaning given by
section 10.
NDIS worker screening check means an assessment, under an
NDIS worker screening law, of whether a person who works, or

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seeks to work, with people with disability poses a risk to such

people.
NDIS worker screening database means the database established
under section 181Y.
NDIS worker screening law means a law of a State or Territory
determined in an instrument under subsection 10B(1).
needs assessment report, for a new framework plan, means the
report of an assessment undertaken in accordance with section 32L
for the purposes of the plan.
new framework plan has the meaning given by subsection 32A(1).
nominee means the correspondence nominee of a participant or the
plan nominee of a participant.
old framework plan has the meaning given by subsection 32A(2).
otherwise engaged includes engaged on a voluntary basis.
paid work means work for financial gain or reward (whether as an
employee, a self-employed person or otherwise).
parent: without limiting who is a parent of anyone for the purposes
of this Act, a person is the parent of another person if the other
person is a child of the person within the meaning of the Family
Law Act 1975.
parental responsibility has the meaning given by section 75.
participant means a person who is a participant in the National
Disability Insurance Scheme (see sections 28, 29, 30 and 30A).
participant’s impairment means an impairment in relation to
which the participant meets the disability requirements, or the early
intervention requirements, to any extent.
participant’s statement of goals and aspirations has the meaning
given by subsections 32D(1) and 33(1).

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permanent visa has the same meaning as in the Migration Act

1958.
plan, for a participant, means the participant’s plan that is in effect
under section 37.
plan management request has the meaning given by
subsection 43(1).
plan nominee means a person who is appointed as a plan nominee
of a participant under section 86.
Principal Member means the Principal Member of the Advisory
Council.
prospective participant means a person in relation to whom an
access request has been made but not yet decided.
prospective participant’s impairment means an impairment in
relation to which the prospective participant claims to meet the
disability requirements, or the early intervention requirements, to
any extent.
protected Agency information means:
(a) information about a person that is or was held in the records
of the Agency; or
(b) information to the effect that there is no information about a
person held in the records of the Agency.
protected Commission information means information about a
person (including a deceased person) that is or was held in the
records of the Commission, but does not include the following:
(a) if there is publication of the NDIS Provider Register in whole
or part as mentioned in paragraph 73ZS(7)(b)—information
covered by that publication;
(b) if there is publication of specified information entered on that
Register as mentioned in that paragraph—that information.
protected SCV holder: a person is a protected SCV holder if:

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(a) the person was in Australia on 26 February 2001, and was a

special category visa holder on that day; or
(b) the person had been in Australia for a period of, or for
periods totalling, 12 months during the 2 years immediately
before 26 February 2001, and returned to Australia after that
day.
reasonable and necessary budget for a new framework plan means
the reasonable and necessary budget specified in the plan under
paragraph 32D(2)(a).
reassessment date of a participant’s plan means:
(a) if the plan is a new framework plan—the day after the end of
the maximum period of effect specified in the plan under
paragraph 32D(2)(d); or
(b) if the plan is an old framework plan—the date specified in
the plan under paragraph 33(2)(c).
recoverable amount has the meaning given by sections 106 and
107.
registered means registered under section 73E.
registered NDIS provider means a person or entity who is
registered under section 73E.
registered plan management provider means an NDIS provider
who is registered to manage the funding for supports under plans
as mentioned in paragraph 73E(2)(a).
registration and reportable incident functions has the meaning
given by section 181F.
Regulatory Powers Act means the Regulatory Powers (Standard
Provisions) Act 2014.
reportable incident has the meaning given by subsections 73Z(4)
and (5).

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residential care service has the same meaning as in the Aged Care
Act 1997.
restrictive practice means any practice or intervention that has the
effect of restricting the rights or freedom of movement of a person
with disability.
reviewable decision has the meaning given by subsections 99(1)
and (2).
reviewer has the meaning given by subsection 100(5).
reviewing actuary means the actuary who is nominated under
section 180D.
scheme actuary means the actuary who is nominated under
section 180A.
special category visa has the same meaning as in the Migration Act
1958.
stated support for a participant has the meaning given by
subsection 32E(4).
statement of participant supports has the meaning given by
subsections 32D(2) and 33(2).
supports includes general supports.
total funding amount:
(a) for flexible funding provided under a new framework plan—
means the amount specified in the plan under
paragraph 32E(2)(a); and
(b) for a stated support or class of stated supports funded under a
new framework plan—means the amount specified in the
plan for the stated support or class of stated supports under
paragraph 32G(2)(a); and
(c) for reasonable and necessary supports funded under an old
framework plan—means an amount specified in the plan
under paragraph 33(2A)(a).

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 Introduction Chapter 1
Definitions Part 4

Section 9A

9A Approved forms
(1) The CEO may, in writing, approve a form for the purposes of a
provision of this Act.
(2) The CEO must publish each approved form on the Agency’s
website.

10 Definition of NDIS support

Supports that are NDIS supports

(1) Subject to subsections (4) and (9), a support is an NDIS support
for a person who is a participant or prospective participant if the
support is declared by National Disability Insurance Scheme rules
made for the purposes of this subsection to be an NDIS support for:
(a) participants or prospective participants generally; or
(b) a class of participants or prospective participants that
includes the person.
Note: The National Disability Insurance Scheme rules may declare a support
for the purposes of this subsection by identifying a class of supports
(see subsection 13(3) of the Legislation Act 2003).

(2) Before making National Disability Insurance Scheme rules

declaring a support for the purposes of subsection (1), the Minister
must be satisfied:
(a) for rules to which paragraph (1)(a) applies—that the support
is appropriately funded or provided through the National
Disability Insurance Scheme for participants or prospective
participants generally; or
(b) for rules to which paragraph (1)(b) applies—that the support
is appropriately funded or provided through the National
Disability Insurance Scheme for participants, or prospective
participants, in the relevant class.
(3) National Disability Insurance Scheme rules may declare a support
for the purposes of subsection (1) only if at least one of the
following applies:

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(a) the declaration of the support implements Australia’s

obligations under:
(i) the Convention on the Rights of Persons with
Disabilities done at New York on 13 December 2006; or
(ii) any other agreement with one or more other countries;
(b) the declaration of the support enables the provision of
sickness benefits.
Note: For subparagraph (a)(i), the Convention on the Rights of Persons with
Disabilities is in Australian Treaty Series 2008 No. 12 ([2008] ATS
12) and could in 2024 be viewed in the Australian Treaties Library on
the AustLII website (http://www.austlii.edu.au).

Supports that are not NDIS supports

(4) The National Disability Insurance Scheme rules may declare that a
support is not an NDIS support for:
(a) participants or prospective participants generally; or
(b) a class of participants or prospective participants.
Note: The National Disability Insurance Scheme rules may declare a support
for the purposes of this subsection by identifying a class of supports
(see subsection 13(3) of the Legislation Act 2003).

(5) Before making National Disability Insurance Scheme rules

declaring a support for the purposes of subsection (4), the Minister
must be satisfied:
(a) for rules to which paragraph (4)(a) applies—that the support
is not appropriately funded or provided through the National
Disability Insurance Scheme for participants or prospective
participants generally; or
(b) for rules to which paragraph (4)(b) applies—that the support
is not appropriately funded or provided through the National
Disability Insurance Scheme for participants, or prospective
participants, in the relevant class.
(6) The CEO may determine, in writing, that a support is taken to not
be declared under subsection (4) in relation to a participant if:
(a) the support is prescribed by the National Disability Insurance
Scheme rules for the purposes of this paragraph; and

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Section 10

(b) the support would, apart from subsection (4), be an NDIS

support for the participant; and
(c) the participant applies to the CEO in accordance with
subsection (7) for the determination; and
(d) the CEO is satisfied that:
(i) the support would replace one or more other supports
that are NDIS supports for the participant; and
(ii) the cost of the support is the same or lower than the total
of the costs of the supports it would replace; and
(iii) the support would provide the same or a better outcome
for the participant than the supports it would replace;
and
(iv) any other conditions specified in the National Disability
Insurance Scheme rules for the purposes of this
subparagraph are met in relation to the support, the
participant, or both.
Note 1: A determination may be revoked under subsection 33(3) of the Acts
Interpretation Act 1901.
Note 2: The National Disability Insurance Scheme rules may prescribe a
support for the purposes of paragraph (a) by identifying a class of
supports (see subsection 13(3) of the Legislation Act 2003).

(7) An application under paragraph (6)(c) must:

(a) be in the form (if any) approved by the CEO; and
(b) include any information, and be accompanied by any
documents, required by the CEO; and
(c) be made in accordance with any other requirements specified
in the National Disability Insurance Scheme rules for the
purposes of this paragraph, which may include requirements
as to the circumstances in which an application may, or may
not, be made.
(8) The National Disability Insurance Scheme rules may make
provision for determining any matter for the purposes of
subsection (6), including by prescribing requirements with which
the CEO must comply, methods or criteria that the CEO is to
apply, or matters that the CEO may, must or must not take into

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Section 10B

account, in deciding whether to make a determination under that

subsection.
(9) A support is not an NDIS support for a participant or prospective
participant if the support consists of the provision of:
(a) sexual services; or
(b) alcohol; or
(c) drugs, the possession of which is a contravention of a law of
the Commonwealth, a State or a Territory.

10B Definition of NDIS worker screening law

(1) The Minister may, by legislative instrument, determine a law of a
State or Territory for the purposes of the definition of NDIS
worker screening law in section 9, with the agreement of that State
or Territory.
Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply
to the instrument (see subsection 44(1) of that Act).
Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the instrument (see regulations made for the purposes of
paragraph 54(2)(b) of that Act).

(2) Before determining a law of a State or Territory, the Minister must

be satisfied that the law establishes a scheme for the screening of
workers for purposes including the National Disability Insurance
Scheme.

11 Definitions relating to compensation

(1) In this Act:
compensation means a payment (with or without admission of
liability) in respect of:
(a) compensation or damages in respect of personal injury; or
(b) personal injury, under a scheme of insurance or
compensation under a Commonwealth, State or Territory
law, including a payment under a contract entered into under
such a scheme; or

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Section 11A

(c) personal injury, in settlement of a claim for damages or a

claim under such an insurance scheme;
that is wholly or partly in respect of the cost of supports that may
be provided to a participant (whether or not specifically identified
as such). It does not matter whether the payment is made directly
to the person who sustained the personal injury or to another
person in respect of that person.
(2) A payment referred to in subsection (1) may be:
(a) in the form of a lump sum or in the form of a series of
periodic payments; and
(b) made within or outside Australia.
(3) In this Act, a reference to an insurer who is, under a contract of
insurance, liable to indemnify a compensation payer or a potential
compensation payer includes a reference to an authority of a State
or Territory:
(a) that is liable to indemnify a compensation payer or a
potential compensation payer against such a liability, whether
under a contract, law or otherwise; or
(b) that determines to make a payment to indemnify a
compensation payer or a potential compensation payer
against such a liability, whether or not the authority is liable
to do so.

11A Definition of key personnel

(1) Each of the following is one of the key personnel of a person or
entity:
(a) a member of the group of persons who is responsible for the
executive decisions of the person or entity;
(b) any other person who has authority or responsibility for (or
significant influence over) planning, directing or controlling
the activities of the person or entity.
(2) Without limiting paragraph (1)(a), a reference in that paragraph to
a person who is responsible for the executive decisions of a person
or entity includes:

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Section 11A

(a) if the person or entity is a body corporate that is incorporated,

or taken to be incorporated, under the Corporations Act
2001—a director of the body corporate for the purposes of
that Act; and
(b) in any other case—a member of the person’s or entity’s
governing body.

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 Introduction Chapter 1
Ministerial Council Part 5

Section 12

Part 5—Ministerial Council

12 Ministerial Council functions etc.

(1) The Ministerial Council is to:
(a) consider policy matters that relate to the National Disability
Insurance Scheme or arise under this Act; and
(b) advise the Minister about such matters; and
(c) make recommendations to the First Ministers’ Council about
such matters.
(2) The advice and recommendations must not relate to a particular
individual.
(3) The Minister must consult the Ministerial Council about policy
matters that relate to the National Disability Insurance Scheme or
arise under this Act.

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Chapter 2 Assistance for people with disability and others

Section 13

Chapter 2—Assistance for people with

disability and others

13 Agency may provide coordination, strategic and referral services

etc. to people with disability
(1) The Agency may provide general supports to, or in relation to,
people with disability who are not participants.
Note: Chapter 3 deals with the provision of general supports to, or in
relation to, participants.

(2) In this Act:

general support means:
(a) a service provided by the Agency to a person; or
(b) an activity engaged in by the Agency in relation to a person;
that is in the nature of a coordination, strategic or referral service
or activity, including a locally provided coordination, strategic or
referral service or activity.

14 Agency may provide funding to persons or entities

(1) The Agency may provide assistance in the form of funding for
persons or entities:
(a) for the purposes of enabling those persons or entities to
provide information in relation to disability and disability
supports and services; or
(aa) for the purposes of enabling those persons or entities to
provide assistance in building capacity within the community
in connection with the provision of goods and services to
people with disability and their families and carers; or
(ab) for the purposes of enabling those persons or entities to assist
people with disability to realise their potential for physical,
social, emotional and intellectual development; or

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(ac) for the purposes of enabling those persons or entities to assist

people with disability, and their families and carers, to
participate in social and economic life; or
(b) otherwise in the performance of the Agency’s functions.
(2) Without limiting subsection (1), the Agency may provide funding
to a person or entity:
(a) to assist one or more participants to receive supports; or
(b) to assist a participant who is a child aged under 7 to access
supports, before the child’s plan comes into effect, in relation
to the child’s disability needs (whether those needs arise
because the child meets the disability requirements or meets
the early intervention requirements).
(3) The National Disability Insurance Scheme rules may set out
matters to which the Agency must have regard in deciding whether
to provide funding under subsection (2).

15 Agency may provide information

(1) The Agency may provide information about the following:
(a) matters relevant to the National Disability Insurance Scheme;
(b) the functions of the Agency.
(2) The Agency must use its best endeavours to provide timely and
accurate information to people with disability and other people in
order to assist them in making informed decisions about matters
relevant to the National Disability Insurance Scheme.

16 Agency may assist in relation to doing things under Chapter

The Agency may provide support and assistance to people in
relation to doing things under, or for the purposes of, this Chapter.

17 National Disability Insurance Scheme rules

The National Disability Insurance Scheme rules may prescribe
matters for and in relation to this Chapter.

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Chapter 3 Participants and their plans
Part 1A Principles

Section 17A

Chapter 3—Participants and their plans

Part 1A—Principles

17A Principles relating to the participation of people with disability

(1A) In performing the CEO’s functions and exercising the CEO’s
powers under this Chapter, the CEO must have regard to the
principles in this section.
(1) People with disability are assumed, so far as is reasonable in the
circumstances, to have capacity to determine their own best
interests and make decisions that affect their own lives.
(2) People with disability will be supported in their dealings and
communications with the Agency so that their capacity to exercise
choice and control is maximised.
(3) The National Disability Insurance Scheme is to:
(a) respect the interests of people with disability in exercising
choice and control about matters that affect them; and
(b) enable people with disability to make decisions that will
affect their lives; and
(c) support people with disability to participate in, and contribute
to, social and economic life.
(4) The principles in this section are in addition to the principles in
section 4 to which the CEO is to have regard in performing the
CEO’s functions and exercising the CEO’s powers under this Act.

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 Participants and their plans Chapter 3
Becoming a participant Part 1

Section 18

Part 1—Becoming a participant

18 Person may make a request to become a participant

A person may make a request (an access request) to the Agency to
become a participant in the National Disability Insurance Scheme.
Note: Once a person becomes a participant, the CEO must commence to
facilitate the preparation of his or her plan (see section 32).

19 Matters relating to access requests

(1) An access request must:
(a) be in the form (if any) approved by the CEO; and
(b) include any information, and be accompanied by any
documents, required by the CEO; and
(c) certify that it includes all the information, and is
accompanied by all the documents, required as mentioned in
paragraph (b) that are in the possession or control of the
person.
Note: The CEO is not required to make a decision on the access request if
this section is not complied with (see section 197).

(2) If:
(a) a person has made an access request; and
(b) either of the following apply:
(i) the CEO decides that the person does not meet the
access criteria, or is taken to have so decided because of
subsection 21(3);
(ii) the person becomes a participant in the National
Disability Insurance Scheme as a result of the request
but the CEO subsequently decides under
subsection 30(1) or (5), paragraph 30A(1)(c) or
subsection 30A(7) to revoke the person’s status as such
a participant;

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the person may make another access request at any time, unless at
that time either of the following has been commenced, but not
finally determined:
(c) a review (the initial review) under subsection 100(5) of the
CEO’s decision;
(d) a review under section 103 of a decision on the initial review.

20 CEO must consider and decide access requests

(1) If a person (the prospective participant) makes an access request,
the CEO must:
(a) decide whether or not the prospective participant meets the
access criteria; or
(b) make one or more requests under subsection 26(1).
(2) The CEO must do a thing referred to in paragraph (1)(a) or (b)
within the following number of days of receiving the access
request:
(a) 21 days, unless paragraph (b) applies;
(b) if the National Disability Insurance Scheme rules prescribe a
lesser number of days for the purposes of this paragraph—
that lesser number of days.

21 When a person meets the access criteria

(1) A person meets the access criteria if:
(a) the CEO is satisfied that the person meets the age
requirements (see section 22); and
(b) the CEO is satisfied that, at the time of considering the
request, the person meets the residence requirements (see
section 23); and
(c) the CEO is satisfied that, at the time of considering the
request:
(i) the person meets the disability requirements (see
section 24); or
(ii) the person meets the early intervention requirements
(see section 25).

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(2) For the purposes of paragraph (1)(c), the CEO must separately
consider and decide:
(a) whether or not the prospective participant meets the disability
requirements; and
(b) whether or not the prospective participant meets the early
intervention requirements.
(3) The CEO is taken to have decided that the prospective participant
does not meet the access criteria if:
(a) the CEO does not do a thing referred to in paragraph 20(1)(a)
or (b) within the period applicable under section 20; or
(b) if subsection 26(2) applies—the CEO does not do one of the
things referred to in that subsection within the 14-day period
referred to in that subsection.
Note: Notice of a decision that the CEO is taken to have made must be given
because of subsection 100(1) and will be automatically reviewed
because of subsection 100(5).

22 Age requirements
A person meets the age requirements if the person was aged under
65 when the access request in relation to the person was made.

23 Residence requirements
(1) A person meets the residence requirements if the person:
(a) resides in Australia; and
(b) is one of the following:
(i) an Australian citizen;
(ii) the holder of a permanent visa;
(iii) a special category visa holder who is a protected SCV
holder.
(2) In deciding whether or not a person resides in Australia, regard
must be had to:
(a) the nature of the accommodation used by the person in
Australia; and

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(b) the nature and extent of the family relationships the person
has in Australia; and
(c) the nature and extent of the person’s employment, business
or financial ties with Australia; and
(d) the nature and extent of the person’s assets located in
Australia; and
(e) the frequency and duration of the person’s travel outside
Australia; and
(f) any other matter relevant to determining whether the person
intends to remain permanently in Australia.

24 Disability requirements
(1) A person meets the disability requirements if:
(a) the person has a disability that is attributable to one or more
intellectual, cognitive, neurological, sensory or physical
impairments or the person has one or more impairments to
which a psychosocial disability is attributable; and
(b) the impairment or impairments are, or are likely to be,
permanent; and
(c) the impairment or impairments result in substantially reduced
functional capacity to undertake one or more of the following
activities:
(i) communication;
(ii) social interaction;
(iii) learning;
(iv) mobility;
(v) self-care;
(vi) self-management; and
(d) the impairment or impairments affect the person’s capacity
for social or economic participation; and
(e) the person is likely to require NDIS supports under the
National Disability Insurance Scheme for the person’s
lifetime.

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(2) For the purposes of subsection (1), an impairment or impairments

that vary in intensity may be permanent, and the person is likely to
require NDIS supports under the National Disability Insurance
Scheme for the person’s lifetime, despite the variation.
(3) For the purposes of subsection (1), an impairment or impairments
that are episodic or fluctuating may be taken to be permanent, and
the person may be taken to be likely to require NDIS supports
under the National Disability Insurance Scheme for the person’s
lifetime, despite the episodic or fluctuating nature of the
impairments.
(4) Subsection (3) does not limit subsection (2).
Note 1: The time at which a requirement in this section needs to be met is the
time the matter falls to be determined. For an access request, that time
is the time of considering the request (see paragraph 21(1)(c)).
Note 2: National Disability Insurance Scheme rules may be made in relation to
this section under subsection 27(1).

25 Early intervention requirements

(1) A person meets the early intervention requirements if:
(a) the person:
(i) has one or more identified intellectual, cognitive,
neurological, sensory or physical impairments that are,
or are likely to be, permanent; or
(ii) has one or more identified impairments to which a
psychosocial disability is attributable and that are, or are
likely to be, permanent; or
(iii) is a child who has developmental delay; and
(b) the CEO is satisfied that provision of early intervention
supports for the person is likely to benefit the person by
reducing the person’s future needs for supports in relation to
disability; and
(c) the CEO is satisfied that provision of early intervention
supports for the person is likely to benefit the person by:
(i) mitigating or alleviating the impact of the person’s
impairment upon the functional capacity of the person

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to undertake communication, social interaction,

learning, mobility, self-care or self-management; or
(ii) preventing the deterioration of such functional capacity;
or
(iii) improving such functional capacity; or
(iv) strengthening the sustainability of informal supports
available to the person, including through building the
capacity of the person’s carer; and
(d) the CEO is satisfied any early intervention supports that
would be likely to benefit the person as mentioned in
paragraphs (b) and (c) would be NDIS supports for the
person.
Note: In certain circumstances, a person with a degenerative condition could
meet the early intervention requirements and therefore become a
participant.

(1A) For the purposes of subparagraph (1)(a)(i) or (ii), an impairment or

impairments that are episodic or fluctuating may be taken to be
permanent despite the episodic or fluctuating nature of the
impairments.
(2) The CEO is taken to be satisfied as mentioned in paragraphs (1)(b)
and (c) if one or more of the person’s impairments are prescribed
by the National Disability Insurance Scheme rules for the purposes
of this subsection.
Note 1: The time at which a requirement in this section needs to be met is the
time the matter falls to be determined. For an access request, that time
is the time of considering the request (see paragraph 21(1)(c)).
Note 2: National Disability Insurance Scheme rules may be made in relation to
this section under subsection 27(1).

26 Requests that the CEO may make

(1) The requests the CEO may make under this subsection after a
prospective participant has made an access request (see
paragraph 20(1)(b)) are as follows:

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(a) that the prospective participant, or another person, provide

information that is reasonably necessary for deciding whether
or not the prospective participant meets the access criteria;
(b) that the prospective participant do either or both of the
following:
(i) undergo an assessment and provide to the CEO the
report, in the approved form, of the person who
conducts the assessment;
(ii) undergo, whether or not at a particular place, a medical,
psychiatric, psychological or other examination,
conducted by an appropriately qualified person, and
provide to the CEO the report, in the approved form, of
the person who conducts the examination.
(2) If:
(a) information or one or more reports are requested under
subsection (1); and
(b) the information and each such report are received by the
CEO within 90 days, or such longer period as is specified in
the request, after that information or report is requested;
the CEO must, within 14 days after the last information or report is
received:
(c) decide whether or not the prospective participant meets the
access criteria; or
(d) make a further request under subsection (1).
(3) If:
(a) information or one or more reports are requested under
subsection (1); and
(b) the information and each such report are not received by the
CEO within 90 days, or such longer period as is specified in
the request, after that information or report is requested;
the prospective participant is taken to have withdrawn the access
request, unless the CEO is satisfied that it was reasonable for the
prospective participant, or the other person mentioned in
paragraph (1)(a), not to have complied with the request made by
the CEO within that period.

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27 National Disability Insurance Scheme rules relating to disability

requirements and early intervention requirements
(1) The National Disability Insurance Scheme rules may make
provision for determining any matter for the purposes of section 24
(disability requirements) or 25 (early intervention requirements).
(2) Without limiting subsection (1), National Disability Insurance
Scheme rules made for the purposes of that subsection may
prescribe:
(a) methods or criteria to be applied, or matters that may, must
or must not be taken into account, for the purposes of either
of those sections; or
(b) circumstances in which a matter relevant to the application of
either of those sections is taken to exist or to not exist in
relation to a person.

28 When a person becomes a participant

(1) A person becomes a participant in the National Disability
Insurance Scheme on the day the CEO decides that the person
meets the access criteria.
(2) The CEO must give written notice of the decision to the
participant, stating:
(a) the date on which the person became a participant; and
(b) whichever of the following applies:
(i) that the CEO is satisfied the participant meets the early
intervention requirements;
(ii) that the CEO is satisfied the participant meets the
disability requirements;
(iii) that the CEO is satisfied the participant meets both the
early intervention requirements and the disability
requirements.

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29 When a person ceases to be a participant

(1) A person ceases to be a participant in the National Disability
Insurance Scheme when:
(a) the person dies; or
(b) the person enters a residential care service on a permanent
basis, or starts being provided with home care on a
permanent basis, and this first occurs only after the person
turns 65 years of age; or
(c) the person’s status as a participant is revoked under
subsection 30(1) or (5), paragraph 30A(1)(c) or
subsection 30A(7); or
(d) the person notifies the CEO in writing that he or she no
longer wishes to be a participant.
Note: Residential care service and home care have the same meanings as in
the Aged Care Act 1997.

(2) A person is not entitled to be paid NDIS amounts so far as the

amounts relate to supports that are acquired or provided after the
person ceases to be a participant.
(3) The National Disability Insurance Scheme rules may specify
circumstances in which specified supports are taken for the
purposes of subsection (2) to be, or not to be, acquired or provided
after the person ceases to be a participant.

30 Revocation of participant status

Circumstances in which participant status may be revoked

(1) The CEO may revoke a person’s status as a participant in the
National Disability Insurance Scheme if:
(a) the CEO is satisfied that the person does not meet the
residence requirements (see section 23); or
(b) the CEO is satisfied that the person does not meet at least one
of the following:
(i) the disability requirements (see section 24);
(ii) the early intervention requirements (see section 25).

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Requesting information and reports

(2) If the CEO is considering revoking a participant’s status as a
participant in the National Disability Insurance Scheme under
subsection (1), the CEO may make one or more requests under
subsection (3) for the purposes of deciding whether or not to do so.
(3) The requests the CEO may make under this subsection are as
follows:
(a) that the participant, or another person, provide information
that is reasonably necessary for deciding whether or not to
revoke the participant’s status as a participant in the National
Disability Insurance Scheme;
(b) subject to subsection (3A), that the participant do either or
both of the following:
(i) undergo an assessment and provide to the CEO the
report, in the approved form, of the person who
conducts the assessment;
(ii) undergo, whether or not at a particular place, a medical,
psychiatric, psychological or other examination,
conducted by an appropriately qualified person, and
provide to the CEO the report, in the approved form, of
the person who conducts the examination.
(3AA) A request under subsection (3) must be made in writing.
Note: A request may be rescinded or varied under subsection 33(3) of the
Acts Interpretation Act 1901.

(3A) The CEO must not request that the participant undergo an
assessment under subparagraph (3)(b)(i) or an examination under
subparagraph (3)(b)(ii) unless the CEO is satisfied that the report
of the assessment or examination would provide information that
the CEO cannot otherwise reasonably obtain.
(4) If:
(a) information or one or more reports are requested under
subsection (3); and

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(b) the information and each such report are received by the
CEO within 90 days, or such longer period as is specified in
the request, after that information or report is requested;
the CEO must:
(c) decide whether or not to revoke the participant’s status as a
participant in the National Disability Insurance Scheme; or
(d) make a further request under subsection (3).
(5) If:
(a) information or one or more reports are requested under
subsection (3); and
(b) the information and each such report are not received by the
CEO within 90 days, or such longer period as is specified in
the request, after that information or report is requested;
the CEO may revoke the participant’s status as a participant in the
National Disability Insurance Scheme.
(6) However, the CEO must not revoke the participant’s status as a
participant in the National Disability Insurance Scheme under
subsection (5) if the CEO is satisfied that it was reasonable for the
participant, or the other person mentioned in paragraph (3)(a), not
to have complied with the request made by the CEO within that
period.
(6A) In deciding for the purposes of subsection (6) whether or not it was
reasonable for a participant or other person not to have complied
with a request within a particular period, the CEO must have
regard to the following matters:
(a) the length of that period;
(b) any previous failures by the participant to comply with a
request for information made under this Act;
(c) any previous failures by the other person to comply with a
request for information made under this Act in relation to the
participant;
(d) the length of time since the CEO was last provided with
information relevant to the decision whether or not to revoke
the participant’s status as a participant;

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Section 30A

(e) whether the failure to comply with the request was beyond
the control of the participant or other person because of a
delay in the provision of information to the participant or
other person;
(f) any matters prescribed by the National Disability Insurance
Scheme rules for the purposes of this paragraph;
(g) any other matters the CEO considers relevant.

Notice of decisions
(7) The CEO must give the participant written notice of a revocation
under subsection (1) or (5), stating the date on which the
revocation takes effect.

Section 30A does not limit this section

(8) Section 30A does not limit this section.

30A Requirement to consider status of certain participants

Circumstances in which CEO must consider participant’s status

(1) If a circumstance prescribed by the National Disability Insurance
Scheme rules for the purposes of this subsection applies in relation
to a participant, the CEO must:
(a) decide whether or not the participant meets the early
intervention requirements; and
(b) if the CEO decides under paragraph (a) that the participant
does not meet the early intervention requirements—decide
whether or not the participant meets the disability
requirements; and
(c) if the CEO decides under paragraph (b) that the participant
does not meet the disability requirements—revoke the
participant’s status as a participant in the National Disability
Insurance Scheme.
(2) The National Disability Insurance Scheme rules may prescribe
requirements with which the CEO must comply, criteria that the

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CEO is to apply, or matters to which the CEO may, must or must

not have regard, in making a decision under subsection (1).
(3) Any such rules apply in addition to, and not instead of, National
Disability Insurance Scheme rules prescribed for the purposes of
subsection 27(1).

Requesting information and reports

(4) The CEO may make one or more requests under subsection (5) for
the purposes of making a decision under subsection (1).
(5) The requests the CEO may make under this subsection are as
follows:
(a) that the participant, or another person, provide information
that is reasonably necessary for making the decision;
(b) subject to subsection (5A), that the participant do either or
both of the following:
(i) undergo an assessment and provide to the CEO the
report, in the approved form, of the person who
conducts the assessment;
(ii) undergo, whether or not at a particular place, a medical,
psychiatric, psychological or other examination,
conducted by an appropriately qualified person, and
provide to the CEO the report, in the approved form, of
the person who conducts the examination.
(5AA) A request under subsection (5) must be made in writing.
Note: A request may be rescinded or varied under subsection 33(3) of the
Acts Interpretation Act 1901.

(5A) The CEO must not request that the participant undergo an
assessment under subparagraph (5)(b)(i) or an examination under
subparagraph (5)(b)(ii) unless the CEO is satisfied that the report
of the assessment or examination would provide information that
the CEO cannot otherwise reasonably obtain.
(6) If:

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(a) information or one or more reports are requested under

subsection (5); and
(b) the information and each such report are received by the
CEO within 90 days, or such longer period as is specified in
the request, after that information or report is requested;
the CEO must, within 14 days after the last information or report is
received:
(c) make the decision under subsection (1); or
(d) make a further request under subsection (5).
(7) If:
(a) information or one or more reports are requested under
subsection (5); and
(b) the information and each such report are not received by the
CEO within 90 days, or such longer period as is specified in
the request, after that information or report is requested;
the CEO must revoke the participant’s status as a participant in the
National Disability Insurance Scheme, unless the CEO is satisfied
that it was reasonable for the participant, or the other person
mentioned in paragraph (5)(a), not to have complied with the
request made by the CEO within that period.
(7A) In deciding for the purposes of subsection (7) whether or not it was
reasonable for a participant or other person not to have complied
with a request within a particular period, the CEO must have
regard to the following matters:
(a) the length of that period;
(b) any previous failures by the participant to comply with a
request for information made under this Act;
(c) any previous failures by the other person to comply with a
request for information made under this Act in relation to the
participant;
(d) the length of time since the CEO was last provided with
information relevant to the making of the decision under
subsection (1);
(e) whether the failure to comply with the request was beyond
the control of the participant or other person because of a

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delay in the provision of information to the participant or

other person;
(f) any matters prescribed by the National Disability Insurance
Scheme rules for the purposes of this paragraph;
(g) any other matters the CEO considers relevant.

Notice of decisions
(8) The CEO must give a participant written notice of the following:
(a) a decision of the CEO that the circumstance mentioned in
subsection (1) applies in relation to the participant;
(b) a decision under paragraph (1)(a) or (b) in relation to the
participant;
(c) a decision under paragraph (1)(c) or subsection (7) to revoke
the participant’s status as a participant in the National
Disability Insurance Scheme.
(9) The notice must state:
(a) any details prescribed by the National Disability Insurance
Scheme rules for the purposes of this paragraph; and
(b) if paragraph (8)(c) applies—the date on which the revocation
takes effect.

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Part 2 Participants’ plans
Division 1 Principles relating to plans

Section 31

Part 2—Participants’ plans

Division 1—Principles relating to plans

31 Principles relating to plans

The preparation, variation, reassessment and replacement of a
participant’s plan, and the management of the funding for supports
under a participant’s plan, should so far as reasonably practicable:
(a) be individualised; and
(b) be directed by the participant; and
(c) where relevant, consider and respect the role of family, carers
and other persons who are significant in the life of the
participant; and
(ca) where relevant, recognise and respect the relationship
between participants and their families and carers; and
(d) strengthen and build capacity of families and carers to
support participants who are children; and
(da) if the participant and the participant’s carers agree—
strengthen and build the capacity of families and carers to
support the participant in adult life; and
(e) consider the availability to the participant of informal support
and other support services generally available to any person
in the community; and
(f) support communities to respond to the individual goals and
needs of participants; and
(g) be underpinned by the right of the participant to exercise
control over his or her own life; and
(h) advance the inclusion and participation in the community of
the participant with the aim of achieving his or her individual
aspirations; and
(i) maximise the choice and independence of the participant; and
(j) facilitate tailored and flexible responses to the individual
goals and needs of the participant; and

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(k) provide the context for the provision of disability services to

the participant and, where appropriate, coordinate the
delivery of disability services where there is more than one
disability service provider.

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Division 2 Preparing participants’ plans

Section 32

Division 2—Preparing participants’ plans

Subdivision A—Facilitating preparation of participants’ plans

32 CEO must facilitate preparation of participant’s plan

Initial plan
(1) If a person becomes a participant, the CEO must facilitate the
preparation of the participant’s plan.
(2) The CEO must commence facilitating the preparation of the
participant’s plan under subsection (1) within 21 days of the person
becoming a participant.

Subsequent plans
(3) The CEO must also facilitate the preparation of a plan for a
participant if:
(a) the CEO decides under subparagraph 48(7)(b)(ii) or
49(1)(b)(ii) to prepare a new plan with the participant; or
(b) the CEO gives the participant notice under subsection 32B(2)
that the participant is to have new framework plans.
(4) The CEO must commence facilitating the preparation of the
participant’s plan under subsection (3):
(a) unless paragraph (b) applies—as soon as practicable after the
event mentioned in paragraph (3)(a) or (b) occurs; or
(b) if the National Disability Insurance Scheme rules specify a
number of days for the purposes of this paragraph—within
that number of days after the day the event mentioned in
paragraph (3)(a) or (b) occurs.
Note: The CEO may suspend the preparation of a new framework plan if
information or reports requested for the purposes of the undertaking of
an assessment under section 32L are not received (see
subparagraph 36(3)(b)(i)).

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Section 32A

32A Kinds of plans

(1) A new framework plan is a plan prepared in accordance with
Subdivision B.
(2) An old framework plan is a plan prepared in accordance with
Subdivision C.

32B Participants that are to have new framework plans

(1) The National Disability Insurance Scheme rules may specify:
(a) classes of participants that are to have new framework plans;
and
(b) for each class so specified—the period within which the CEO
must give notice under subsection (2) to participants in the
class.
(2) The CEO must, within the period specified for the purposes of
paragraph (1)(b) for a class, give a participant in the class written
notice that the participant is to have new framework plans.
(3) The notice must include the details (if any) specified in the
National Disability Insurance Scheme rules for the purposes of this
subsection.

32BA Notice of impairments

Giving notice of impairments

(1) The CEO must give a participant a notice in writing in accordance
with subsection (2):
(a) as soon as practicable after the participant becomes a
participant; or
(b) if a circumstance specified in the National Disability
Insurance Scheme rules for the purposes of this paragraph
applies in relation to the participant.
(2) The notice must state:

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Section 32BA

(a) if the participant meets the disability requirements—the

categories of impairments under subsection (3) that cover the
impairments in relation to which the participant meets those
requirements; and
(b) if the participant meets the early intervention requirements
because of subparagraph 25(1)(a)(i) or (ii)—the categories of
impairments under subsection (3) that cover the impairments
in relation to which the participant meets those requirements;
and
(c) if the participant meets the early intervention requirements
because of subparagraph 25(1)(a)(iii)—that the participant
has developmental delay.
(3) Each of the following is a category of impairments for the purposes
of paragraphs (2)(a) and (b):
(a) intellectual impairments;
(b) cognitive impairments;
(c) neurological impairments;
(d) sensory impairments;
(e) physical impairments;
(f) impairments to which a psychosocial disability is
attributable.
(4) A notice given under paragraph (1)(b) replaces any previous notice
given under paragraph (1)(a) or (b) to the participant.

Varying notice of impairments

(5) The CEO may vary a notice given under subsection (1) if:
(a) either:
(i) the participant applies for the variation in accordance
with subsection (6); or
(ii) circumstances specified in the National Disability
Insurance Scheme rules for the purposes of this
subparagraph exist; and
(b) the CEO is satisfied that a statement in the notice is not, or is
no longer, correct; and

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Section 32C

(c) any other conditions specified in the National Disability

Insurance Scheme rules for the purposes of this paragraph are
met.
(6) An application under subparagraph (5)(a)(i) must:
(a) be in the form (if any) approved by the CEO; and
(b) include any information, and be accompanied by any
documents, required by the CEO; and
(c) be made in accordance with any other requirements specified
in the National Disability Insurance Scheme rules for the
purposes of this paragraph, which may include requirements
as to the circumstances in which an application may, or may
not, be made.

Subdivision B—Content of new framework plans

32C Application of this Subdivision

This Subdivision applies in relation to a plan for a participant if:
(a) a new framework plan has at any time come into effect for
the participant; or
(b) the participant has been given a notice under
subsection 32B(2) that the participant is to have new
framework plans; or
(c) the CEO starts to prepare the plan after the end of the
following period starting on the commencement of this
section:
(i) 5 years (subject to subparagraph (ii));
(ii) such shorter or longer period as is specified in the
National Disability Insurance Scheme rules for the
purposes of this subparagraph.
Note: If this Subdivision does not apply in relation to a plan for a
participant, see Subdivision C.

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Section 32D

32D Matters that must be included in a participant’s plan

Participant’s statement of goals and aspirations

(1) A participant’s plan must include a statement (the participant’s
statement of goals and aspirations) prepared by the participant
that specifies:
(a) the goals, objectives and aspirations of the participant; and
(b) the environmental and personal context of the participant’s
living, including the participant’s:
(i) living arrangements; and
(ii) informal community supports and other community
supports; and
(iii) social and economic participation.

Statement of participant supports

(2) A participant’s plan must include a statement (the statement of
participant supports), prepared with the participant and approved
by the CEO, that specifies:
(a) the participant’s reasonable and necessary budget in
accordance with sections 32E to 32K; and
(b) the general supports (if any) that will be provided to, or in
relation to, the participant; and
(c) having regard to the needs assessment report for the plan,
whichever of the following applies:
(i) that the participant meets the disability requirements;
(ii) that the participant meets the early intervention
requirements;
(iii) that the participant meets both the disability
requirements and the early intervention requirements;
and
(d) the plan’s maximum period of effect, starting on the day the
plan is approved; and
(e) any circumstances in which the Agency must reassess the
plan under Division 4; and

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(f) the management of the funding for supports under the plan
(see also Division 3); and
(g) the management of other aspects of the plan.

How general supports may be specified in plan

(3) The general supports that will be provided under the National
Disability Insurance Scheme may be specifically identified in the
plan or described generally, whether by reference to a specified
purpose or otherwise.

Time limits for approving statement of participant supports

(4) The CEO must decide whether or not to approve the statement of
participant supports:
(a) within the period worked out in accordance with the National
Disability Insurance Scheme rules prescribed for the
purposes of this paragraph (which may take account of
section 36 (information and reports) and subsection 32L(7)
(replacement assessments under section 32L)); or
(b) if there are no such rules—as soon as reasonably practicable,
including what is reasonably practicable having regard to
section 36 (information and reports) and subsection 32L(7)
(replacement assessments under section 32L).
(5) However, subsection (4) does not apply if the preparation of the
participant’s plan is suspended under subparagraph 36(3)(b)(i)
(which deals with failure to provide information or reports for an
assessment under section 32L).

Requirements for CEO in approving statement of participant

supports
(6) In deciding whether or not to approve a statement of participant
supports under subsection (2), the CEO must:
(a) have regard to the participant’s statement of goals and
aspirations; and
(b) for any general supports specified under paragraph (2)(b)—
be satisfied:

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Section 32D

(i) that the supports will be, or are likely to be, effective
and beneficial for the participant, having regard to
current good practice; and
(ii) of any other matters specified in the National Disability
Insurance Scheme rules for the purposes of this
subparagraph; and
(c) have regard to the principle that a participant should manage
the participant’s plan to the extent that the participant wishes
to do so; and
(d) have regard to the operation and effectiveness of any
previous plans of the participant; and
(e) have regard to whether section 46 (acquittal of NDIS
amounts) was complied with in relation to any previous plan
for the participant; and
(f) be satisfied of any matters specified in the National
Disability Insurance Scheme rules for the purposes of this
paragraph.

Agency-managed funding—supports to be provided only by a

registered NDIS provider
(7) To the extent that the funding for supports under a participant’s
plan is managed by the Agency, the plan must provide that the
supports are to be provided only by a registered NDIS provider.

Plan may deal with additional matters

(8) A participant’s plan may include additional matters, including such
additional matters as are prescribed by the National Disability
Insurance Scheme rules.
Note: For example, a participant’s plan may include arrangements for
ongoing contact with the Agency.

Statement of goals and aspirations to be recorded in writing

(9) A participant’s statement of goals and aspirations need not be
prepared by the participant in writing, but if it is prepared other
than in writing, the Agency must record it in writing.

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Section 32E

Note: Section 38 requires a copy of a participant’s plan to be provided to the

participant.

32E Reasonable and necessary budget—entitlement to flexible

funding or stated supports
(1) A participant’s reasonable and necessary budget must provide that
funding will be provided under the plan to or in relation to the
participant in accordance with subsections (2) and (3), so far as
they are applicable.

Flexible funding
(2) If the needs assessment report for the plan indicates that the
participant needs at least some supports that are NDIS supports but
not stated supports for the participant, the reasonable and necessary
budget must provide:
(a) that certain funding (flexible funding), up to a specified
amount (the total funding amount), will be provided under
the plan to or in relation to the participant for those supports;
and
(b) that the flexible funding may be spent on any NDIS supports
for the participant and only on such supports, subject to any
restrictions under subsection 32F(6) that require the funding
to be spent on particular supports.
Note 1: For additional rules about flexible funding, see section 32F.
Note 2: The total funding amount for flexible funding is worked out under
section 32K.
Note 3: The reasonable and necessary budget may specify requirements
relating to the acquisition or provision of supports (see section 32H).
Note 4: A debt may arise if funding is spent on supports that are not NDIS
supports or if it is spent other than in accordance with the plan (see
subsections 46(1) to (1B) (acquittal of NDIS amounts) and 182(3)
(debts due to the Agency)).

Stated supports
(3) If:

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Section 32E

(a) the needs assessment report for the plan indicates that the
participant needs a particular support or class of supports;
and
(b) the support, or each support in the class, is both an NDIS
support and a stated support for the participant;
the reasonable and necessary budget must provide, for each such
support or class of supports:
(c) that certain funding will be provided under the plan to or in
relation to the participant for that support or class of
supports; and
(d) that the funding provided for that support or class of supports
may be spent:
(i) only on the support, or supports in the class, for which
the particular funding is provided; and
(ii) only on supports that are NDIS supports for the
participant.
Note 1: For additional rules about stated supports, see section 32G.
Note 2: The reasonable and necessary budget may specify requirements
relating to the acquisition or provision of supports (see section 32H).
Note 3: A debt may arise if funding is spent on supports that are not NDIS
supports or if it is spent other than in accordance with the plan (see
subsections 46(1) to (1B) (acquittal of NDIS amounts) and 182(3)
(debts due to the Agency)).

(4) A support is a stated support for a participant if the support is

declared by National Disability Insurance Scheme rules made for
the purposes of this subsection to be a stated support:
(a) for participants generally; or
(b) for a class of participants that includes the participant.
Note: The National Disability Insurance Scheme rules may declare a support
for the purposes of this subsection by identifying a class of supports
(see subsection 13(3) of the Legislation Act 2003).

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Section 32F

32F Reasonable and necessary budget—flexible funding

(1) This section applies if a participant’s reasonable and necessary
budget provides that flexible funding is to be provided under the
plan.

Funding periods for flexible funding

(2) The reasonable and necessary budget must provide:
(a) that the flexible funding will be provided under the plan
during specified periods (each of which is a funding period);
and
(b) when each funding period for that funding starts and ends;
and
(c) the proportion of the total funding amount for flexible
funding that will be provided under the plan during each of
those funding periods.
(3) For the purposes of paragraph (2)(b):
(a) a funding period must be no more than 12 months; and
(b) the duration of a particular funding period may be different
from the duration of any other funding period; and
(c) the first funding period for flexible funding must start on the
day the plan comes into effect; and
(d) each other funding period for flexible funding must start
immediately after the end of the immediately preceding
funding period for that funding.
(4) For the purposes of paragraph (2)(c), the proportion for a particular
funding period may be nil.

Rolling over unspent funding

(5) The reasonable and necessary budget must provide that the amount
of flexible funding that will be provided during a funding period
will be increased above the proportion provided for the funding
period under paragraph (2)(c) by an amount equal to the amount by
which:

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Section 32G

(a) the amount of flexible funding that could have been provided
under the plan during the immediately preceding funding
period; exceeds
(b) the amount of flexible funding that was actually provided.

Restriction on how flexible funding is spent

(6) If the CEO is satisfied that a circumstance mentioned in
subsection (7) exists, the reasonable and necessary budget may
provide that the provision of flexible funding under the plan is
subject to the restriction that one or more specified proportions of
the flexible funding provided during specified funding periods may
be spent only on specified NDIS supports for the participant.
(7) For the purposes of subsection (6), the circumstances are as
follows:
(a) the participant would be likely to suffer physical, mental or
financial harm if the flexible funding were not subject to the
restriction;
(b) section 46 (acquittal of NDIS amounts) has not been
complied with in relation to any of the participant’s plans;
(c) a circumstance prescribed by the National Disability
Insurance Scheme rules for the purposes of this paragraph.
Note: National Disability Insurance Scheme rules may be made in relation to
this section under section 32J.

32G Reasonable and necessary budget—stated supports

(1) This section applies if a participant’s reasonable and necessary
budget provides that funding will be provided under the plan for a
particular stated support or a particular class of stated supports.

Specifying either a total funding amount or requirements for

provision or acquisition of stated supports
(2) The reasonable and necessary budget must, for each stated support
or class of stated supports, do at least one of the following:

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(a) provide that funding will only be provided under the plan for
the support or class of supports up to an amount (the total
funding amount) specified for the purposes of this paragraph
for the support or class of supports;
(b) specify requirements under subsection 32H(1) in relation to
the acquisition or provision of the support or class of
supports.
Note: The total funding amount for a stated support or class of stated
supports is worked out under section 32K.

Funding periods for stated supports

(3) Subject to subsection (4), the reasonable and necessary budget
must, for each stated support or class of stated supports for which a
total funding amount is specified, provide:
(a) that funding will be provided under the plan for the support
or class of supports during periods (each of which is a
funding period) specified for the support or class of
supports; and
(b) when each funding period for the support or class of supports
starts and ends; and
(c) the proportion of the total funding amount for the support or
class of supports that will be provided under the plan during
each funding period for the support or class of supports.
(4) The National Disability Insurance Scheme rules may provide that
subsection (3) does not apply in relation to supports prescribed for
the purposes of this subsection.
(5) For the purposes of paragraph (3)(b):
(a) a funding period must be no more than 12 months; and
(b) the duration of a particular funding period may be different
from the duration of any other funding period; and
(c) the first funding period for a stated support or class of stated
supports must start on the day the plan comes into effect; and
(d) each other funding period for a stated support or class of
stated supports must start immediately after the end of the

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Section 32H

immediately preceding funding period for that support or

class of supports.

Rolling over unspent funding

(6) If the reasonable and necessary budget provides as mentioned in
subsection (3), it must also provide that the amount of funding that
will be provided during a funding period for a stated support or
class of stated supports will be increased above the proportion
provided for the funding period under paragraph (3)(c) by an
amount equal to the amount by which:
(a) the amount of funding that could have been provided for that
stated support or class of stated supports under the plan
during the immediately preceding funding period; exceeds
(b) the amount of funding that was actually provided for that
stated support or class of stated supports.
Note: National Disability Insurance Scheme rules may be made in relation to
this section under section 32J.

32H Reasonable and necessary budget—requirements relating to

acquisition or provision of supports
(1) A participant’s reasonable and necessary budget may provide that
flexible funding, or funding for stated supports, will be provided
under the plan for particular supports specified in the plan only if
specified requirements are complied with in relation to the
acquisition or provision of the supports.
(2) Requirements specified under subsection (1) may include the
following:
(a) a requirement that the supports be provided by a specified
person or persons in a specified class;
(b) a requirement that a specified process be undertaken before
the supports are acquired or provided;
(c) a requirement that specified conditions be satisfied in relation
to the participant before the supports are acquired or
provided;

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(d) a requirement to comply with any requirements specified in

the National Disability Insurance Scheme rules for the
purposes of this paragraph.
Note: National Disability Insurance Scheme rules may be made in relation to
this section under section 32J.

32J Reasonable and necessary budget—National Disability

Insurance Scheme rules
The National Disability Insurance Scheme rules may make
provision for determining any matter for the purposes of
section 32F, 32G or 32H, including but not limited to:
(a) requirements with which the CEO must comply; and
(b) methods or criteria that the CEO is to apply; and
(c) matters that the CEO may, must or must not take into
account;
in making a decision under any of those sections.

32K Reasonable and necessary budget—working out total funding

amounts
(1) The following amounts specified in the reasonable and necessary
budget must be worked out by applying the information in the
needs assessment report for the plan, in so far as the report relates
to the participant’s need for NDIS supports arising from
impairments in relation to which the participant meets the
disability requirements or the early intervention requirements, in
accordance with the applicable method specified in the National
Disability Insurance Scheme rules for the purposes of this
subsection:
(a) the total funding amount for flexible funding (see
paragraph 32E(2)(a));
(b) the total funding amount for a stated support or class of
stated supports (see paragraph 32G(2)(a)).
Note: In making National Disability Insurance Scheme rules for the
purposes of this subsection, the Minister must have regard to the
objects and principles of this Act (see in particular the principles set

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out in subsections 4(5), (9A) and (11)) and the financial sustainability
of the National Disability Insurance Scheme: see subsection 209(3).

(3A) The Minister must also be satisfied that those rules adequately take
account of the variety of factors that may affect a participant’s
need for NDIS supports.
Note: Examples of those factors include environmental factors, and a
participant’s need for NDIS supports arising from an impairment in
relation to which the participant meets the disability requirements or
the early intervention requirements being impacted by another
impairment in relation to which the participant does not meet either of
those requirements.

(4) Without limiting subsection (1), National Disability Insurance

Scheme rules made for the purposes of that subsection may relate
to how to take into account:
(a) lump sum compensation payments that specifically include
an amount for the cost of supports; and
(b) lump sum compensation payments that do not specifically
include an amount for the cost of supports; and
(c) periodic compensation payments that the CEO is satisfied
include an amount for the cost of supports; and
(d) amounts that a participant or prospective participant did not
receive by way of a compensation payment because he or she
entered into an agreement to give up his or her right to
compensation; and
(e) supports in respect of personal injury that may be funded or
provided under a scheme of insurance, or under a
Commonwealth, State or Territory law.
(5) Without limiting subsection 33(3A) of the Acts Interpretation Act
1901 or subsection 209(1A) of this Act, National Disability
Insurance Scheme rules made for the purposes of subsection (1) of
this section may make different provision in relation to:
(a) different classes of participants; and
(b) for the purposes of paragraph (1)(b) of this section—different
classes of stated supports.

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Section 32L

32L Assessment of participant’s need for supports

CEO to arrange assessment of participant’s need for supports

(1) The CEO must arrange for an assessment of a participant’s
disability support needs to be undertaken as soon as practicable
after the CEO commences the preparation of a plan for a
participant.

What an assessment covers

(2) The assessment must be undertaken using the assessment tool, and
in accordance with any other requirements (including requirements
for the purpose of assessing whether a participant’s disability
support needs arise from impairments in relation to which the
participant meets the disability requirements or the early
intervention requirements), specified in the National Disability
Insurance Scheme rules for the purposes of this subsection.
(4) The assessment must:
(a) have regard to any information and reports requested under
subsection 36(2) for the purposes of the assessment; and
(b) may have regard to any other information held in the records
of the Agency that relates to the person.

Needs assessment reports

(5) A report of the assessment must be prepared and given to the CEO
as soon as practicable after the assessment is completed.
(6) The report must:
(a) identify the participant’s disability support needs arising
from impairments in relation to which the participant meets
the disability requirements or the early intervention
requirements; and
(b) include any information, and meet any requirements,
specified in the National Disability Insurance Scheme rules
for the purposes of this paragraph.

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Note 1: The time at which the disability requirements or the early intervention
requirements need to be met for the purposes of this section is the time
the assessment is completed.
Note 2: A participant’s disability support needs arising from an impairment in
relation to which the participant meets the disability requirements or
the early intervention requirements may be affected by a variety of
factors, including environmental factors or the impact of another
impairment in relation to which the participant does not meet either of
those requirements.

(6A) The CEO must give the participant a copy of the report as soon as
practicable after the CEO receives the report.

Replacement assessments
(7) If:
(a) an assessment (the existing assessment) has been undertaken
under subsection (1) or paragraph (c) of this subsection in
connection with a plan; and
(b) in deciding whether or not to approve a statement of
participant supports for the plan, the CEO is satisfied that
another assessment (the replacement assessment) of the
participant’s need for supports should be undertaken;
then:
(c) the CEO must arrange for the replacement assessment to be
undertaken; and
(d) subsections (2) to (6) apply in relation to the replacement
assessment in the same way as they applied in relation to the
existing assessment; and
(e) the replacement assessment is taken to replace the existing
assessment; and
(f) the needs assessment report prepared for the replacement
assessment is taken to replace the needs assessment report
prepared for the existing assessment.
Note: In reviewing a decision to approve a statement of participant supports,
a reviewer or the Administrative Appeals Tribunal has all the powers
of the CEO in making the original decision and must therefore arrange
for a replacement assessment to be undertaken if satisfied as

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Section 32M

mentioned in paragraph (b) (subject to any applicable National

Disability Insurance Scheme rules).

(7A) The National Disability Insurance Scheme rules may make

provision for determining any matter for the purposes of
paragraph (7)(b), including by prescribing:
(a) circumstances in which the CEO must or must not decide
under that paragraph that another assessment should be
undertaken; or
(b) requirements with which the CEO must comply, methods or
criteria that the CEO is to apply, or matters that the CEO
may, must or must not take into account, in making a
decision under that paragraph whether another assessment
should be undertaken.

National Disability Insurance Scheme rules

(9) Without limiting subsection 33(3A) of the Acts Interpretation Act
1901 or subsection 209(1A) of this Act, National Disability
Insurance Scheme rules made for the purposes of this section may
make different provision for different classes of participants.
Note: In making National Disability Insurance Scheme rules for the
purposes of this section, the Minister must have regard to the objects
and principles of this Act (see in particular the principles set out in
subsections 4(5), (9A) and (11)) and the financial sustainability of the
National Disability Insurance Scheme: see subsection 209(3).

Subdivision C—Content of old framework plans

32M Application of this Subdivision

This Subdivision applies in relation to a plan for a participant
unless Subdivision B applies in relation to the plan.
Note: For when Subdivision B applies in relation to a plan, see section 32C.

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33 Matters that must be included in a participant’s plan

Participant’s statement of goals and aspirations

(1) A participant’s plan must include a statement (the participant’s
statement of goals and aspirations) prepared by the participant
that specifies:
(a) the goals, objectives and aspirations of the participant; and
(b) the environmental and personal context of the participant’s
living, including the participant’s:
(i) living arrangements; and
(ii) informal community supports and other community
supports; and
(iii) social and economic participation.

Statement of participant supports

(2) A participant’s plan must include a statement (the statement of
participant supports), prepared with the participant and approved
by the CEO, that specifies:
(a) the general supports (if any) that will be provided to, or in
relation to, the participant; and
(b) the reasonable and necessary supports (if any) that will be
funded under the National Disability Insurance Scheme; and
(c) the date by which, or the circumstances in which, the Agency
must reassess the plan under Division 4; and
(d) the management of the funding for supports under the plan
(see also Division 3); and
(e) the management of other aspects of the plan.

Total funding amounts, funding component amounts and funding

periods
(2A) In addition to the matters mentioned in paragraphs (2)(a) to (e), the
statement of participant supports must:
(a) specify that funding will be provided under the plan to or in
relation to the participant, for all reasonable and necessary

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supports funded under the plan taken as a whole, up to a

specified amount (the total funding amount) worked out
under subsection (2B); and
(b) in accordance with any requirements determined under
subsection (2E) for the purposes of this paragraph, categorise
the reasonable and necessary supports specified under
paragraph (2)(b) into one or more groups of supports
identified in the statement; and
(c) specify that funding will be provided under the plan to or in
relation to the participant, for supports in each group
identified under paragraph (b) of this subsection, up to an
amount (a funding component amount) specified in the
statement for the group that is worked out in accordance with
any requirements determined under subsection (2E) for the
purposes of this paragraph; and
(d) specify that funding will be provided under the plan to or in
relation to the participant for reasonable and necessary
supports during specified periods (each of which is a funding
period).
Note: For paragraph (b), if the statement specifies only a single reasonable
and necessary support or class of such supports, the support or class
may be categorised and identified as a single group.

(2B) For the purposes of paragraph (2A)(a), the total funding amount
specified in a statement of participant supports must be an amount
equal to:
(a) if the statement specifies more than one funding component
amount—the sum of those amounts; or
(b) if the statement specifies a single funding component
amount—that amount.
(2C) For the purposes of paragraph (2A)(d), the statement must:
(a) specify funding periods for funding for either:
(i) all reasonable and necessary supports funded under the
plan, taken as a whole; or
(ii) each group of supports identified under
paragraph (2A)(b); and

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(b) specify when each funding period starts and ends; and
(c) specify, for each funding period:
(i) if funding periods are specified as mentioned in
subparagraph (a)(i) of this subsection—the proportion
of the total funding amount that will be provided as
funding under the plan, during the funding period, for
reasonable and necessary supports; or
(ii) if funding periods are specified as mentioned in
subparagraph (a)(ii) of this subsection—the proportion
of the funding component amount for the group of
supports to which the funding period relates that will be
provided as funding under the plan, during the funding
period, for supports in the group; and
(d) if funding periods are specified as mentioned in
subparagraph (a)(i) of this subsection—specify that the
amount of funding for reasonable and necessary supports that
will be provided during a funding period will be increased
above the proportion specified for the funding period under
subparagraph (c)(i) of this subsection by an amount equal to
the amount by which:
(i) the amount of funding that could have been provided
under the plan for reasonable and necessary supports
during the immediately preceding funding period;
exceeds
(ii) the amount of funding that was actually provided for
such supports; and
(e) if funding periods are specified as mentioned in
subparagraph (a)(ii) of this subsection—specify that the
amount of funding, for supports in a group to which a
funding component amount relates, that will be provided
during a funding period for that group will be increased
above the proportion specified for the funding period under
subparagraph (c)(ii) of this subsection by an amount equal to
the amount by which:
(i) the amount of funding that could have been provided
under the plan for supports in that group during the

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immediately preceding funding period for that group;

exceeds
(ii) the amount of funding that was actually provided for
supports in that group.
(2D) For the purposes of paragraph (2C)(b):
(a) a funding period must be no more than 12 months; and
(b) the duration of a particular funding period may be different
from the duration of any other funding period; and
(c) without limiting paragraph (b) of this subsection, if the
funding periods are specified as mentioned in
subparagraph (2C)(a)(ii), then the duration of the funding
periods for one group of supports identified in the plan under
paragraph (2A)(b) may be different from the duration of
funding periods for any other group of supports identified in
the plan under paragraph (2A)(b); and
(d) if funding periods are specified as mentioned in
subparagraph (2C)(a)(i):
(i) the first funding period must start on a day worked out
in accordance with any requirements determined under
subsection (2E) for the purposes of this subparagraph;
and
(ii) each other funding period must start immediately after
the end of the immediately preceding funding period;
and
(e) if funding periods are specified as mentioned in
subparagraph (2C)(a)(ii):
(i) the first funding period for a group of supports must
start on a day worked out in accordance with any
requirements determined under subsection (2E) for the
purposes of this subparagraph; and
(ii) each other funding period for the group of supports
must start immediately after the end of the immediately
preceding funding period for that group.
(2E) The Minister may, by legislative instrument, determine:

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(a) requirements for categorising reasonable and necessary

supports into groups for the purposes of paragraph (2A)(b);
and
(b) how to work out a funding component amount for a group of
supports; and
(c) how to work out when a first funding period is to start for the
purposes of subparagraph (2D)(d)(i) or (e)(i); and
(d) requirements with which the CEO must comply, methods or
criteria that the CEO is to apply, and matters that the CEO
may, must or must not take into account, in doing any of the
following:
(i) working out a funding component amount;
(ii) specifying funding periods for the purposes of
paragraph (2C)(a);
(iii) deciding any other matter for the purposes of
subsection (2A), (2C) or (2D).
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the instrument (see regulations made for the purposes of
paragraph 54(2)(b) of that Act).

(2F) Despite subsection 14(2) of the Legislation Act 2003, a

determination under subsection (2E) of this section may make
provision for or in relation to a matter by applying, adopting or
incorporating any matter contained in an instrument or other
writing as in force or existing from time to time.

How supports may be specified in plan

(3) The supports that will be funded or provided under the National
Disability Insurance Scheme may be specifically identified in the
plan or described generally, whether by reference to a specified
purpose or otherwise.

Time limits for approving statement of participant supports

(4) The CEO must decide whether or not to approve the statement of
participant supports:

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(a) within the period worked out in accordance with the National
Disability Insurance Scheme rules prescribed for the
purposes of this paragraph (which may take account of
section 36 (information and reports)); or
(b) if there are no such rules—as soon as reasonably practicable,
including what is reasonably practicable having regard to
section 36 (information and reports).

Requirements for CEO in approving statement of participant

supports
(5) In deciding whether or not to approve a statement of participant
supports under subsection (2), the CEO must:
(a) have regard to the participant’s statement of goals and
aspirations; and
(b) have regard to relevant assessments conducted in relation to
the participant; and
(c) be satisfied as mentioned in section 34 in relation to the
reasonable and necessary supports that will be funded and the
general supports that will be provided; and
(d) apply the National Disability Insurance Scheme rules (if any)
made for the purposes of section 35; and
(e) have regard to the principle that a participant should manage
his or her plan to the extent that he or she wishes to do so;
and
(f) have regard to the operation and effectiveness of any
previous plans of the participant; and
(g) have regard to whether section 46 (acquittal of NDIS
amounts) was complied with in relation to any previous plan
for the participant.

Agency-managed funding—supports to be provided only by a

registered NDIS provider
(6) To the extent that the funding for supports under a participant’s
plan is managed by the Agency, the plan must provide that the
supports are to be provided only by a registered NDIS provider.

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Plan may deal with additional matters

(7) A participant’s plan may include additional matters, including such
additional matters as are prescribed by the National Disability
Insurance Scheme rules.
Note: For example, a participant’s plan may include arrangements for
ongoing contact with the Agency.

Statement of goals and aspirations to be recorded in writing

(8) A participant’s statement of goals and aspirations need not be
prepared by the participant in writing, but if it is prepared other
than in writing, the Agency must record it in writing.
Note: Section 38 requires a copy of a participant’s plan to be provided to
him or her.

34 Reasonable and necessary supports

(1) For the purposes of specifying, in a statement of participant
supports, the general supports that will be provided, and the
reasonable and necessary supports that will be funded, the CEO
must be satisfied of all of the following in relation to the funding or
provision of each such support:
(aa) the support is necessary to address needs of the participant
arising from an impairment in relation to which the
participant meets the disability requirements (see section 24)
or the early intervention requirements (see section 25);
(a) the support will assist the participant to pursue the goals,
objectives and aspirations included in the participant’s
statement of goals and aspirations;
(b) the support will assist the participant to undertake activities,
so as to facilitate the participant’s social and economic
participation;
(c) the support represents value for money in that the costs of the
support are reasonable, relative to both the benefits achieved
and the cost of alternative support;
(d) the support will be, or is likely to be, effective and beneficial
for the participant, having regard to current good practice;

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(e) the funding or provision of the support takes account of what

it is reasonable to expect families, carers, informal networks
and the community to provide;
(f) the support is an NDIS support for the participant.
Note: For the purposes of paragraph (aa):
(a) the time at which the disability requirements or the early
intervention requirements need to be met is the time the CEO
decides to approve the statement of participant supports; and
(b) a participant’s disability support needs arising from an
impairment in relation to which the participant meets the
disability requirements or the early intervention requirements
may be affected by a variety of factors, including environmental
factors or the impact of another impairment in relation to which
the participant does not meet either of those requirements.

(2) The National Disability Insurance Scheme rules may prescribe

methods or criteria to be applied, or matters to which the CEO is to
have regard, in deciding whether or not he or she is satisfied as
mentioned in any of paragraphs (1)(aa) to (f).

35 National Disability Insurance Scheme rules for statement of

participant supports
(1) The National Disability Insurance Scheme rules may make
provision in connection with the funding or provision of reasonable
and necessary supports or general supports, including but not
limited to prescribing:
(a) methods or criteria to be applied, or matters to which the
CEO is to have regard, in deciding, the reasonable and
necessary supports or general supports that will be funded or
provided under the National Disability Insurance Scheme;
and
(b) reasonable and necessary supports or general supports that
will not be funded or provided under the National Disability
Insurance Scheme; and
(c) reasonable and necessary supports or general supports that
will or will not be funded or provided under the National
Disability Insurance Scheme for prescribed participants.

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(2) The National Disability Insurance Scheme rules referred to in

subsection (1) may relate to the manner in which supports are to be
funded or provided and by whom supports are to be provided.
(4) The National Disability Insurance Scheme rules referred to in
subsection (1) may relate to how to take into account:
(a) lump sum compensation payments that specifically include
an amount for the cost of supports; and
(b) lump sum compensation payments that do not specifically
include an amount for the cost of supports; and
(c) periodic compensation payments that the CEO is satisfied
include an amount for the cost of supports; and
(d) supports in respect of personal injury that may be funded or
provided under a scheme of insurance, or under a
Commonwealth, State or Territory law.
(5) The National Disability Insurance Scheme rules referred to in
subsection (1) may relate to how to take into account amounts that
a participant or prospective participant did not receive by way of a
compensation payment because he or she entered into an
agreement to give up his or her right to compensation.

Subdivision D—Information and reports

36 Requesting information and reports

(1) The CEO may make one or more requests under subsection (2) for
any of the following purposes:
(a) the undertaking of an assessment under section 32L for a
participant;
(b) preparing a statement of participant supports for a
participant;
(c) deciding whether to approve a statement of participant
supports for a participant.
(2) The requests the CEO may make are as follows:

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(a) that the participant, or another person, provide information

that is reasonably necessary for a purpose mentioned in
paragraph (1)(a), (b) or (c);
(b) that the participant do either or both of the following:
(i) undergo an assessment and provide to the CEO the
report, in the approved form, of the person who
conducts the assessment;
(ii) undergo, whether or not at a particular place, a medical,
psychiatric, psychological or other examination,
conducted by an appropriately qualified person, and
provide to the CEO the report, in the approved form, of
the person who conducts the examination.
(2A) A request under subsection (2) must be made in writing.
Note: A request may be rescinded or varied under subsection 33(3) of the
Acts Interpretation Act 1901.

(3) If a request under subsection (2) is made for a purpose mentioned

in paragraph (1)(a):
(a) the request must specify a period of at least 28 days for the
information or reports to be received by the CEO; and
(b) if the CEO does not receive the information or reports within
the period specified in the request—the CEO must:
(i) unless subparagraph (ii) applies—suspend the
preparation of the new framework plan; or
(ii) if the CEO is satisfied that it was reasonable for the
participant or the other person mentioned in
paragraph (2)(a) not to have complied with the request
within that period—make a further request under
subsection (2).
Note: The period specified in the request may be varied (see
subsection 33(3) of the Acts Interpretation Act 1901).

(3A) In deciding for the purposes of subparagraph (3)(b)(ii) whether or

not it was reasonable for a participant or other person not to have
complied with a request within a particular period, the CEO must
have regard to the following matters:

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(a) the length of that period;

(b) any previous failures by the participant to comply with a
request for information made under this Act;
(c) any previous failures by the other person to comply with a
request for information made under this Act in relation to the
participant;
(d) the length of time since the CEO was last provided with
information relevant to the purpose mentioned in
paragraph (1)(a), (b) or (c) for which the request was made;
(e) whether the failure to comply with the request was beyond
the control of the participant or other person because of a
delay in the provision of information to the participant or
other person;
(f) any matters prescribed by the National Disability Insurance
Scheme rules for the purposes of this paragraph;
(g) any other matters the CEO considers relevant.
(4) If the CEO suspends the preparation of a new framework plan for a
participant under subparagraph (3)(b)(i):
(a) the CEO must give the participant written notice of the
decision; and
(b) the statement of participant supports in any other plan that is
in effect for the participant (whether an old framework plan
or a new framework plan) is suspended from the day
specified in the notice for the purposes of this paragraph until
the day the CEO receives the information or reports
requested; and
(c) the CEO must recommence the preparation of the new
framework plan if the CEO subsequently receives the
information or reports.
(5) If a request under subsection (2) is made for a purpose mentioned
in paragraph (1)(b) or (c), the CEO:
(a) may prepare the statement of participant supports, or decide
whether to approve a statement of participant supports,
before all the information and reports requested are received
by the CEO; but

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(b) must give the participant or the other person mentioned in

paragraph (2)(a) a reasonable opportunity to provide the
information and reports.
Note: If information or reports requested for a purpose mentioned in
paragraph (1)(b) or (c) are provided after the statement of participant
supports is approved, the plan can be varied or can be reassessed and
if necessary replaced.

Subdivision E—When a plan is in effect etc.

37 When plan is in effect

(1) A participant’s plan comes into effect when the CEO has:
(a) received the participant’s statement of goals and aspirations
from the participant; and
(b) approved the statement of participant supports.
Note: Division 4 deals with varying and replacing plans.

(3) A participant’s plan ceases to be in effect at the earliest of the

following times:
(a) when the plan is replaced by another plan (see
subsection (4));
(b) if the plan is a new framework plan—immediately after the
end of the maximum period of effect specified in the plan
under paragraph 32D(2)(d);
(c) in any case—when the participant ceases to be a participant.
Note: A new framework plan may be varied to change the period mentioned
in paragraph (b) (see paragraph 47A(1AA)(d)).

(4) For the purposes of paragraph (3)(a), if a plan (the replacement

plan) comes into effect for a participant while another plan is in
effect, the other plan is replaced by the replacement plan.

38 Copy of plan to be provided

The CEO must provide a copy of a participant’s plan to the
participant within 7 days after the plan comes into effect.

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39 Agency must comply with the statement of participant supports

The Agency must comply with the statement of participant
supports in a participant’s plan.

40 Effect of temporary absence on plans

(1) A participant for whom a plan is in effect may be temporarily
absent from Australia for the grace period for the absence without
affecting the participant’s plan.
(2) The grace period for a temporary absence of a participant is:
(a) 6 weeks beginning when the participant leaves Australia; or
(b) if the CEO is satisfied that it is appropriate for the grace
period to be longer than 6 weeks—such longer period as the
CEO decides, having regard to any matters and applying any
criteria prescribed by the National Disability Insurance
Scheme rules for the purposes of this paragraph.
(3) If a participant for whom a plan is in effect is temporarily absent
from Australia after the end of the grace period for the absence, the
participant’s plan is suspended from the end of the grace period
until the participant returns to Australia.
(4) For the purposes of this section, a person’s absence from Australia
is temporary if, throughout the absence, the person does not cease
to reside in Australia (within the meaning of paragraph 23(1)(a)).

41 Suspension of plans
(1) A statement of participant supports in a participant’s plan is
suspended:
(aa) as mentioned in paragraph 36(4)(b) (which deals with failure
to provide information or reports for an assessment under
section 32L); and
(a) as mentioned in subsection 40(3) (which deals with
temporary absence from Australia); and

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(b) as mentioned in subsection 105(2) (which deals with

obtaining compensation).
(2) The effect of suspension of a statement of participant supports in a
participant’s plan is that the plan remains in effect but, during the
period of suspension:
(a) a person is not entitled to be paid NDIS amounts so far as the
amounts relate to supports that are acquired or provided
during that period; and
(b) the Agency is not required to provide or fund other supports
under the plan, but is not prevented from doing so if the CEO
considers it appropriate; and
(c) the participant is not entitled to make a request under
subsection 47A(2) for a variation of the plan or make a
request under subsection 48(2) for a reassessment of the plan.
(3) The National Disability Insurance Scheme rules may specify
circumstances in which specified supports are taken to be, or not to
be, acquired or provided during the period of suspension for the
purposes of subsection (2).

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Division 3—Managing the funding for supports under

participants’ plans

42 Meaning of managing the funding for supports under a

participant’s plan
(1) For the purposes of this Act, managing the funding for supports
under a participant’s plan means doing one or more of the
following:
(a) purchasing the supports funded under the plan (including
paying any applicable indirect costs, such as taxes, associated
with the supports);
(b) receiving any funding provided by the Agency;
(ba) managing any funding provided by the Agency;
(c) acquitting any funding provided by the Agency.
(2) For the purposes of the statement of participant supports in a
participant’s plan, in specifying the management of the funding for
supports under the plan as mentioned in paragraph 32D(2)(f)
or 33(2)(d), the plan must specify that such funding is to be
managed wholly, or to a specified extent, by:
(a) the participant; or
(b) a registered plan management provider; or
(c) the Agency; or
(d) the plan nominee.

43 Choice for the participant in relation to plan management

(1) A participant for whom a plan is in effect or is being prepared may
make a request (a plan management request):
(a) that he or she manage the funding for supports under the plan
wholly or to the extent specified in the request; or
(b) that the funding for supports under the plan be managed
wholly, or to the extent specified in the request, by a
registered plan management provider he or she nominates; or

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(c) that the funding for supports under the plan be managed
wholly, or to the extent specified in the request, by the
Agency.
(2) If a participant makes a plan management request, the statement of
participant supports in the plan must give effect to the request,
except to the extent set out in subsections (2A) to (6).
(2A) If the plan is a new framework plan:
(a) the CEO may, if satisfied that a circumstance mentioned in
subsection (2C) exists, decide that:
(i) a person mentioned in subsection (2B) is to manage a
particular proportion of flexible funding provided under
the plan; or
(ii) a person mentioned in subsection (2B) is to manage
funding provided under the plan for a particular stated
support or class of stated supports; and
(b) the statement of participant supports in the plan must give
effect to the decision.
Note: The CEO may make more than one decision under subparagraph (a)(i)
or (ii) for a particular plan if there is more than one person mentioned
in subsection (2B) for whom such a decision can be made.

(2AA) The statement of participant supports for a new framework plan

must provide for the funding for supports under the plan to be
wholly managed by the Agency if:
(a) in the case the participant has made a plan management
request covered by paragraph (1)(a) and the participant does
not have a plan nominee—the participant has been convicted
of an offence against a law of the Commonwealth, a State or
a Territory that:
(i) is punishable by imprisonment for 2 years or more; or
(ii) involves fraud or dishonesty; or
(b) in the case the participant has made a plan management
request covered by paragraph (1)(a) and the participant has a
plan nominee—the plan nominee has been convicted of an
offence against a law of the Commonwealth, a State or a
Territory that:

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(i) is punishable by imprisonment for 2 years or more; or

(ii) involves fraud or dishonesty.
(2B) For the purposes of subparagraphs (2A)(a)(i) and (ii), the persons
are as follows:
(a) the Agency;
(b) the participant, if the participant has made a plan
management request covered by paragraph (1)(a) and the
participant does not have a plan nominee;
(c) if:
(i) the participant has a plan nominee; and
(ii) the participant has made a plan management request
covered by paragraph (1)(a); and
(iii) the decision would be consistent with the terms of the
plan nominee’s appointment;
the plan nominee;
(d) a registered plan management provider, if the participant has
made a plan management request covered by
paragraph (1)(b) that nominates the provider.
(2C) For the purposes of paragraph (2A)(a), the circumstances are as
follows:
(a) the participant would be likely to suffer physical, mental or
financial harm were the CEO to not make the decision;
(b) section 46 (acquittal of NDIS amounts) has not been
complied with in relation to the plan or any of the
participant’s previous plans;
(c) a circumstance prescribed by the National Disability
Insurance Scheme rules for the purposes of this paragraph.
(2D) The National Disability Insurance Scheme rules may make
provision for determining any matter for the purposes of
paragraph (2A)(a), including but not limited to:
(a) requirements with which the CEO must comply; and
(b) methods or criteria that the CEO is to apply; and
(c) matters that the CEO may, must or must not take into
account;

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in making any decision under paragraph (2A)(a).

(3) If:
(a) a participant makes a plan management request covered by
paragraph (1)(a); and
(b) subsection 44(1) applies in relation to the participant;
the statement of participant supports in the plan must provide for
the funding for supports under the plan:
(c) if paragraph 44(1)(a) or (aa) applies—to be wholly managed
by the Agency; and
(d) if paragraph 44(1)(b) or (c) applies—to be managed by the
Agency to the extent covered by that paragraph.
(4) If:
(a) a participant makes a plan management request covered by
paragraph (1)(b); and
(b) subsection 44(2) applies in relation to the registered plan
management provider;
the statement of participant supports in the plan must provide for
the funding for supports under the plan to be managed by the
Agency to the extent covered by that subsection.
(4A) If:
(a) a participant makes a plan management request covered by
paragraph (1)(b); and
(b) subsection 44(2AA) applies in relation to the registered plan
management provider;
the statement of participant supports in the plan may provide for
the funding for supports under the plan to be managed by the
Agency to the extent covered by that subsection.
(5) If:
(a) the participant has a plan nominee; and
(b) subsection 44(2A) does not apply in relation to the nominee;
and
(c) the terms of the plan nominee’s appointment deal with the
management of certain funding for supports under the plan;

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the statement of participant supports in the plan must provide for

that funding to be managed in accordance with those terms.
(6) If:
(a) the participant has a plan nominee; and
(b) subsection 44(2A) applies in relation to the nominee; and
(c) the terms of the plan nominee’s appointment deal with the
management of certain funding for supports under the plan;
the statement of participant supports in the plan must provide for
that funding:
(d) if paragraph 44(2A)(a) or (aa) applies—to be wholly
managed by the Agency; and
(e) if paragraph 44(2A)(b) or (c) applies—to be managed by the
Agency to the extent covered by that paragraph.
(7) The following provisions have effect:
(a) paragraph (2A)(b) does not apply to funding to the extent that
subsection (2AA), (3), (4) or (6) applies to the funding;
(b) subsection (3) or (4) does not apply to funding to the extent
that subsection (5) or (6) applies to the funding;
(c) subsection (5) does not apply to funding to the extent that
paragraph (2A)(b) applies to the funding.

No plan management request

(8) If a participant does not make a plan management request, the
statement of participant supports in the plan must provide that the
funding for supports under the plan is to be wholly managed by the
Agency.

44 Circumstances in which persons must not manage funding

Participant
(1) For the purposes of paragraph 43(3)(b), this subsection applies in
relation to a participant if:
(a) the participant is an insolvent under administration; or

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(aa) the participant has been convicted of an offence against a law

of the Commonwealth, a State or a Territory that:
(i) is punishable by imprisonment for 2 years or more; or
(ii) involves fraud or dishonesty; or
(b) the CEO is satisfied that the participant’s management of the
funding for supports under the plan to a particular extent
would:
(i) present an unreasonable risk to the participant; or
(ii) permit the participant to manage matters that are
prescribed by the National Disability Insurance Scheme
rules as being matters that must not be managed by a
participant; or
(c) the CEO is satisfied that section 46 (acquittal of NDIS
amounts) would be unlikely to be complied with if the
participant were to manage the funding for supports under
the plan to a particular extent.

Registered plan management provider

(2) For the purposes of paragraph 43(4)(b), this subsection applies in
relation to a registered plan management provider if the CEO is
satisfied that the provider’s management of the funding for
supports under the plan to a particular extent would present an
unreasonable risk to the participant.
(2AA) For the purposes of paragraph 43(4A)(b), this subsection applies in
relation to a registered plan management provider if the CEO is
satisfied that section 46 (acquittal of NDIS amounts) would be
unlikely to be complied with if the provider were to manage the
funding for supports under the plan to a particular extent.

Plan nominee
(2A) For the purposes of paragraphs 43(5)(b) and (6)(b), this subsection
applies in relation to a plan nominee if:
(a) the plan nominee is an insolvent under administration; or
(aa) the plan nominee has been convicted of an offence against a
law of the Commonwealth, a State or a Territory that:

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(i) is punishable by imprisonment for 2 years or more; or

(ii) involves fraud or dishonesty; or
(b) the CEO is satisfied that the plan nominee’s management of
the funding for supports under the plan to a particular extent
would present an unreasonable risk to the participant; or
(c) the CEO is satisfied that section 46 (acquittal of NDIS
amounts) would be unlikely to be complied with if the plan
nominee were to manage the funding for supports under the
plan to a particular extent.

National Disability Insurance Scheme rules relating to

unreasonable risk
(3) The National Disability Insurance Scheme rules may prescribe
criteria the CEO is to apply and matters to which the CEO is, or is
not, to have regard in considering whether any of the following
would present an unreasonable risk to the participant:
(a) a participant managing the funding for supports under the
plan;
(aa) a registered plan management provider managing the funding
for supports under the plan;
(b) a plan nominee managing the funding for supports under the
plan.
(4) The National Disability Insurance Scheme rules may prescribe
circumstances in which the management of funding for supports
under a plan to a particular extent by a participant, a registered plan
management provider or a plan nominee is taken to present an
unreasonable risk to a participant.

National Disability Insurance Scheme rules relating to compliance

with section 46
(5) The National Disability Insurance Scheme rules may prescribe
criteria the CEO is to apply and matters to which the CEO is, or is
not, to have regard in considering whether section 46 (acquittal of
NDIS amounts) would be unlikely to be complied with if any of

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the following were to manage the funding for supports under a plan
to any extent:
(a) the participant;
(b) a registered plan management provider;
(c) a plan nominee.

45 Payment of amounts payable under the National Disability

Insurance Scheme—general
(1) An amount payable under the National Disability Insurance
Scheme in respect of a participant’s plan is to be paid:
(a) to the person determined by the CEO; and
(b) either:
(i) in accordance with the National Disability Insurance
Scheme rules prescribed for the purposes of this
subparagraph; or
(ii) if there are no such rules—in the manner determined by
the CEO.
(2) Paragraph (1)(b) extends to dealing with:
(a) whether amounts are to be paid in instalments or as lump
sums; and
(b) if amounts are to be paid in instalments—the amounts of
those instalments; and
(c) the timing of payments of amounts.
(3) The National Disability Insurance Scheme rules may provide that
an amount is not payable to a person until the person nominates a
bank account into which the amount is to be paid.
(4) The Agency must not pay an amount under the National Disability
Insurance Scheme to any person in respect of a participant’s plan
if:
(a) the plan is a new framework plan that provides that flexible
funding will be provided under the plan and the payment
would result in any of the following events occurring:

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(i) the total amount of flexible funding provided under the

plan exceeding the total funding amount specified in the
plan under paragraph 32E(2)(a);
(ii) the total amount of flexible funding provided under the
plan during a funding period exceeding the amount of
funding that is to be provided under the plan during the
funding period; or
(b) the plan is a new framework plan that provides that funding
will be provided under the plan for a stated support, or class
of stated supports, and the payment would result in any of the
following events occurring:
(i) the total amount of funding provided under the plan for
the stated support or class of stated supports exceeding
any total funding amount specified in the plan under
paragraph 32G(2)(a);
(ii) the total amount of funding provided under the plan for
the stated support or class of stated supports during a
funding period for the support or class of supports
exceeding the amount of funding that is to be provided
under the plan during the funding period for the support
or class of supports; or
(c) the plan is an old framework plan and the payment would
result in any of the following events occurring:
(i) the total amount of funding provided under the plan for
reasonable and necessary supports exceeding the total
funding amount specified in the plan;
(ii) the total amount of funding provided under the plan for
reasonable and necessary supports in a group of
supports to which a funding component amount relates
exceeding that funding component amount;
(iii) if the plan specifies funding periods for all reasonable
and necessary supports funded under the plan, taken as a
whole—the total amount of funding provided under the
plan for such supports during a funding period
exceeding the amount of funding for such supports that
is to be provided under the plan during the funding
period;

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(iv) if the plan specifies funding periods for one or more

groups of reasonable and necessary supports—the total
amount of funding provided under the plan for supports
in such a group during a funding period for that group
exceeding the amount of funding for supports in that
group that is to be provided under the plan during the
funding period.
(5) Subsection (4) does not apply in relation to the payment of an
amount if the CEO is satisfied that:
(a) the relevant event would occur because the participant has
experienced fraud or financial exploitation; or
(b) making the payment is necessary to prevent or lessen an
imminent threat to an individual’s life, health or safety; or
(c) the participant has been unable to request a variation or
reassessment of the participant’s plan because of one or more
of the participant’s impairments or a lack of decision-making
support; or
(d) the participant has requested a variation of the participant’s
plan covered by subparagraph 47A(1)(d)(i) or (1AB)(j)(i)
(crisis or emergency funding as a result of a significant
change to the participant’s support needs), and neither of the
following apply:
(i) the CEO has made a decision on the request to vary the
plan and the variation has taken effect;
(ii) the CEO has made a decision on the request not to vary
the plan (including because of the operation of
subsection 47A(5)); or
(e) a circumstance prescribed by the National Disability
Insurance Scheme rules for the purposes of this paragraph
exists.

45A Payment of amounts payable under the National Disability

Insurance Scheme—need for a claim
(1) An amount is not payable under the National Disability Insurance
Scheme in respect of the acquisition or provision of a support

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under a participant’s plan unless the CEO is satisfied that a claim

for the payment has been made to the CEO in accordance with
subsections (2), (3) and (5).
(2) A claim may be made only by:
(a) the person who, under the statement of supports in the plan,
is to manage the funding for the support, unless paragraph (b)
applies; or
(b) if the person mentioned in paragraph (a) is the Agency—the
person who provides the support to the participant.
(3) A claim must:
(a) be made in the approved form (if any); and
(b) include any information, and be accompanied by any
documents, required by the CEO.
Note: Strict compliance with any approved form is not required—see
section 25C of the Acts Interpretation Act 1901.

(4) The CEO may treat a claim that does not meet the requirements of
subsection (3) as having been made in accordance with that
subsection if the CEO is satisfied that it is appropriate to do so.
(5) A claim must be made in accordance with subsection (3) before the
end of the following period starting on the day the support is
provided to the participant:
(a) unless paragraph (b) of this subsection applies—2 years;
(b) if the National Disability Insurance Scheme rules prescribe a
shorter period for that kind of claim—that period.
(6) The CEO may treat a claim made after the end of the applicable
period as having been made in accordance with subsection (5) if
the CEO is satisfied that:
(a) there are exceptional circumstances applying to the claim that
justify the claim being made after the end of the applicable
period; and
(b) the claim was made within a reasonable period having regard
to those circumstances.

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(7) A claim may be withdrawn by the person who makes the claim.
The CEO is not required to take any action in relation to a claim
that is withdrawn.

46 Acquittal of NDIS amounts

Requirement to spend money only on NDIS supports and in

accordance with plan
(1) A participant who receives an NDIS amount, or a person who
receives an NDIS amount on behalf of a participant:
(a) may spend the money only on NDIS supports for the
participant; and
(b) must spend the money in accordance with the participant’s
plan (subject to paragraph (a)).
Note 1: A failure to comply with this subsection (including due to the
operation of subsection (1A) or (1B)) may lead to a variation of the
participant’s plan under section 47A:
(a) to change the management of the funding for supports under the
plan (see sections 43 and 74); or
(b) for a new framework plan—to specify a proportion of flexible
funding that may be spent only on specified NDIS supports for
the participant (or to change such a proportion); or
(c) for any plan—to reduce the duration of funding periods for
particular funding under the plan and the amount of funding that
will be provided during any particular funding period.
Note 2: See also subsection 182(3) (debts due to the Agency).

(1A) If:
(a) a participant acquires a support for themselves or a support is
provided to a participant; and
(b) either:
(i) the support is not an NDIS support for the participant;
or
(ii) the participant’s plan is not complied with in connection
with the acquisition or provision of the support; and

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(c) a payment is made under the National Disability Insurance

Scheme in relation to the support, whether to the participant
or another person;
then the participant is taken for the purposes of subsection (1):
(d) to have received an NDIS amount equal to the payment; and
(e) if subparagraph (b)(i) of this subsection applies—to have
spent that money other than on NDIS supports for the
participant; and
(f) if subparagraph (b)(ii) of this subsection applies—to have not
spent that money in accordance with the participant’s plan.
(1B) If:
(a) a person (the first person) other than a participant acquires a
support for a participant or provides a support to a
participant; and
(b) either:
(i) the support is not an NDIS support for the participant;
or
(ii) the participant’s plan is not complied with in connection
with the acquisition or provision of the support; and
(c) a payment is made under the National Disability Insurance
Scheme in relation to the support, whether to the first person
or any other person;
then the first person is taken for the purposes of subsection (1):
(d) to have received an NDIS amount on behalf of the participant
that is equal to the payment; and
(e) if subparagraph (b)(i) of this subsection applies—to have
spent that money other than on NDIS supports for the
participant; and
(f) if subparagraph (b)(ii) of this subsection applies—to have not
spent that money in accordance with the participant’s plan.

Requirements relating to retention of records

(2) The National Disability Insurance Scheme rules may make
provision for and in relation to the retention of records of NDIS

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amounts paid to participants and other persons, including requiring

that prescribed records be retained for a prescribed period.
(3) The National Disability Insurance Scheme rules may make
provision for and in relation to the retention of records by NDIS
providers that receive NDIS amounts on behalf of participants,
including requiring that prescribed records be retained for a
prescribed period.

46A Protection of NDIS amounts

(1) An NDIS amount is absolutely inalienable, whether by way of, or
in consequence of, sale, assignment, charge, execution, bankruptcy
or otherwise.
(2) This section is subject to Part 1 of Chapter 7.

46B Garnishee orders

General rule
(1) A court must not make an order in the nature of a garnishee order
in respect of an account with a financial institution if:
(a) one or more NDIS amounts for a particular participant have
been paid to the credit of the account; and
(b) the account has been kept solely for the purpose of managing
the funding for supports under the participant’s plan.

Exception
(2) However, a court may make an order in the nature of a garnishee
order in respect of the account if:
(a) the order is made in favour of a person in relation to a debt
that arose because of the person providing goods or services
in relation to the participant; and
(b) the goods or services are supports (other than general
supports) funded under the participant’s plan.

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Section 47

Division 4—Varying and replacing participants’ plans

47 Variation of participant’s plan—change of participant’s

statement of goals and aspirations
(1) A participant may give the CEO a changed version of the
participant’s statement of goals and aspirations at any time.
Note 1: The participant may make a request under subsection 47A(2) for a
variation of the participant’s plan or make a request under
subsection 48(2) for a reassessment of the participant’s plan.
Note 2: The CEO may vary the plan under subsection 47A(1) or may reassess
the plan under section 48, 49 or 49A.

(2) If a participant gives a changed version of the participant’s

statement of goals and aspirations to the CEO, the participant’s
plan is taken to have been varied so that it includes that changed
version.
(3) The Agency must provide a copy of the varied plan to the
participant within 7 days of receiving the changed version of the
participant’s statement of goals and aspirations.

47A Variation of participant’s plan on request of participant or

CEO’s own initiative
(1) The CEO may, in writing, vary a participant’s plan (except the
participant’s statement of goals and aspirations) if:
(a) the variation:
(i) is covered by subsection (1AA) (for a new framework
plan) or (1A) (for an old framework plan); or
(ii) is a correction of a minor or technical error; and
(b) any conditions prescribed by the National Disability
Insurance Scheme rules are satisfied.
Each variation must be prepared with the participant.

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Permitted variations—new framework plans

(1AA) For the purposes of subparagraph (1)(a)(i), the following variations
of a new framework plan are covered:
(a) a variation of the participant’s reasonable and necessary
budget covered by subsection (1AB);
(b) a variation relating to the general supports (if any) that will
be provided to or in relation to the participant under the plan;
(c) a variation of the statement of participant supports included
in the plan in relation to the management of:
(i) the funding for supports under the plan; or
(ii) other aspects of the plan;
(d) a variation of the maximum period of effect specified in the
plan under paragraph 32D(2)(d);
(e) a variation of the circumstances in which the Agency must
reassess the plan under this Division.
Note 1: A statement of participant supports in a participant’s plan must give
effect to the plan management request of a participant except in
certain circumstances (see subsection 43(2)).
Note 2: In varying the participant’s plan in relation to the statement of
participant supports, the CEO must have regard to the matters set out
in subsection (2A).

(1AB) For the purposes of paragraph (1AA)(a), the following variations

of a participant’s reasonable and necessary budget are covered:
(a) a variation of:
(i) the total funding amount for flexible funding; or
(ii) the total funding amount for a stated support or class of
stated supports;
for the purposes of dealing with a variation of the maximum
period of effect specified in the plan under
paragraph 32D(2)(d);
(b) a variation to provide for a total funding amount for a stated
support or class of stated supports;
(c) a variation of the number or duration of the funding periods
for flexible funding, or for a stated support or class of stated
supports;

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(d) a variation of the proportion of the total funding amount for

flexible funding, or for a stated support or class of stated
supports, that will be provided under the plan during one or
more funding periods;
(e) a variation to provide for:
(i) funding periods for a stated support or class of stated
supports (disregarding paragraph 32G(5)(c) for this
purpose); and
(ii) the proportion of the total funding amount for the stated
support or class of stated supports that will be provided
under the plan during each funding period;
(f) a variation of a restriction provided for under
subsection 32F(6);
(g) if the CEO is satisfied that a circumstance mentioned in
subsection 32F(7) exists—a variation to provide for a
restriction under subsection 32F(6);
(h) if the CEO is satisfied that none of the circumstances
mentioned in subsection 32F(7) exist—a variation to remove
a restriction imposed under subsection 32F(6);
(i) a variation to provide for, change, add or remove a
requirement under subsection 32H(1) relating to the
acquisition or provision of supports;
(j) a variation of the participant’s reasonable and necessary
budget if:
(i) the CEO is satisfied that the participant requires crisis or
emergency funding as a result of a significant change to
the participant’s support needs; or
(ia) the CEO is satisfied that the participant requires funding
because the participant has experienced fraud or
financial exploitation; or
(ib) the CEO is satisfied that the variation is necessary to
prevent or lessen a threat to the participant’s life, health
or safety (whether current or future); or
(ii) after the participant’s plan comes into effect, the CEO
receives information in response to a request that had
been made under subsection 36(2) or 50(2) in relation to

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the plan (other than a request made under

subsection 50(2) for the purposes of varying the plan on
the CEO’s own initiative), and the variation relates to
that information; or
(iii) the CEO is satisfied that a circumstance prescribed by
the National Disability Insurance Scheme rules for the
purposes of this subparagraph exists in relation to the
participant.
Note: Information mentioned in subparagraph (j)(ii) could relate to a support
such as an item of assistive technology or a home modification.

Permitted variations—old framework plans

(1A) For the purposes of subparagraph (1)(a)(i), the following variations
of an old framework plan are covered:
(a) a variation of the plan’s reassessment date or the
circumstances in which the Agency must reassess the plan
under this Division;
(ab) if the statement of participant supports included in the plan
specifies one or more funding component amounts—a
variation of the categorisation of the reasonable and
necessary supports, specified under paragraph 33(2)(b), into
one or more groups of supports;
(ac) for the purposes of dealing with a variation covered by
paragraph (ab) of this subsection—a variation of one or more
funding component amounts, or the number of those
amounts, specified in the statement of participant supports,
other than a variation that would result in an increase in the
total funding amount for the plan;
(ad) if the statement of participant supports included in the plan
specifies funding periods for all reasonable and necessary
supports funded under the plan, taken as a whole—the
following variations of the statement:
(i) a variation of the number or duration of such funding
periods;
(ii) a variation of the proportion of the total funding amount
that will be provided as funding under the plan for

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reasonable and necessary supports during one or more

funding periods;
(ae) if the statement of participant supports included in the plan
specifies funding periods for one or more groups of
reasonable and necessary supports—the following variations
of the statement:
(i) a variation of the number or duration of the funding
periods for such a group;
(ii) a variation of the proportion of the funding component
amount for such a group that will be provided as
funding under the plan, during one or more funding
periods that group, for reasonable and necessary
supports in that group;
(ag) a variation relating to the general supports (if any) that will
be provided to or in relation to the participant under the plan;
(b) a variation of the statement of participant supports included
in the plan in relation to the management of:
(i) the funding for supports under the plan; or
(ii) other aspects of the plan;
(c) a variation of the statement of participant supports included
in the plan if:
(i) the statement specifies that a support is to be provided
by a specified provider, or in a specified manner; and
(ii) the variation is to specify that the support is to be
provided by another provider, or in another manner, as
the case may be;
(d) a variation of the statement of participant supports included
in the plan, or of the funding of supports under the plan, if:
(i) the CEO is satisfied that the participant requires crisis or
emergency funding as a result of a significant change to
the participant’s support needs; or
(ii) after the participant’s plan comes into effect, the CEO
receives information in response to a request that had
been made under subsection 36(2) or 50(2) in relation to
the plan (other than a request made under
subsection 50(2) for the purposes of varying the plan on

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the CEO’s own initiative), and the variation relates to

that information; or
(iii) the variation is made for the purposes of dealing with a
change to the reassessment date of the participant’s
plan; or
(iv) the variation is a minor variation that results in an
increase to the funding of supports under the
participant’s plan.
Note 1: Information mentioned in subparagraph (d)(ii) could relate to a
support such as an item of assistive technology or a home
modification.
Note 2: A statement of participant supports in a participant’s plan must give
effect to the plan management request of a participant except in
certain circumstances (see subsection 43(2)).
Note 3: In varying the participant’s plan in relation to the statement of
participant supports, the CEO must have regard to the matters set out
in subsection (3) of this section.

(1B) To avoid doubt:

(a) a variation covered by any of paragraphs (1A)(ab) to (ae)
must be made in accordance with subsections 33(2A) to (2D)
and any determination in force for the purposes of
subsection 33(2E); and
(b) a total funding amount for an old framework plan cannot be
varied except by a variation covered by paragraph (1A)(d) of
this section.

Conditions not limited

(1C) The fact that a paragraph in subsection (1AA), (1AB) or (1A)
covers only certain kinds of variations does not limit the power
under paragraph (1)(b) for the National Disability Insurance
Scheme rules to prescribe conditions that have the effect of
limiting the kinds of variations that may be made under
subsection (1).

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Variation on request of participant or CEO’s own initiative

(2) The CEO may vary the participant’s plan on request of the
participant or on the CEO’s own initiative.

Requirements for CEO—new framework plans

(2A) In varying a new framework plan in relation to the statement of
participant supports, the CEO must:
(a) have regard to the participant’s statement of goals and
aspirations; and
(b) be satisfied as mentioned in paragraph 32D(6)(b) in relation
to any general supports to be provided; and
(c) have regard to the principle that a participant should manage
the participant’s plan to the extent that the participant wishes
to do so; and
(d) have regard to the operation and effectiveness of the plan and
any previous plans of the participant; and
(e) have regard to whether section 46 (acquittal of NDIS
amounts) was complied with in relation to the plan and any
previous plans of the participant; and
(f) be satisfied of any matters specified in the National
Disability Insurance Scheme rules for the purposes of this
paragraph.

Requirements of CEO—old framework plans

(3) In varying an old framework plan in relation to the statement of
participant supports, the CEO must:
(a) have regard to the participant’s statement of goals and
aspirations; and
(b) have regard to relevant assessments conducted in relation to
the participant; and
(c) be satisfied as mentioned in section 34 in relation to the
reasonable and necessary supports that will be funded and the
general supports that will be provided; and

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(d) apply the National Disability Insurance Scheme rules (if any)
made for the purposes of section 35; and
(e) have regard to the principle that a participant should manage
the participant’s plan to the extent that the participant wishes
to do so; and
(f) have regard to the operation and effectiveness of any
previous plans of the participant; and
(g) have regard to whether section 46 (acquittal of NDIS
amounts) was complied with in relation to the plan and any
previous plans of the participant.

Decision on request
(4) If the participant requests a variation of the participant’s plan, the
CEO must before the end of the period of 21 days beginning on the
day the CEO receives the request:
(a) make a decision under subsection (1) varying the plan; or
(b) make a decision not to vary the plan; or
(d) inform the participant that the CEO requires further time to
decide whether or not the plan needs to be varied.
Note: If the CEO informs the person that the CEO requires further time to
decide whether or not the plan needs to be varied, see subsection (8)
for the period for making a decision on the request.

(5) If the CEO does not do a thing under subsection (4) within that
21-day period, the CEO is taken to have decided not to vary the
plan.

Matters to which the CEO must have regard

(6) The National Disability Insurance Scheme rules may set out
matters to which the CEO must have regard:
(a) in deciding whether to vary a participant’s plan on the CEO’s
own initiative; or
(b) in doing a thing under subsection (4).

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Time for decision on request

(8) If, under paragraph (4)(d), the CEO informs the participant that the
CEO requires further time to decide whether or not the plan needs
to be varied, the CEO must then vary the plan under subsection (1)
or make a decision not to vary the plan:
(a) within the period worked out in accordance with the National
Disability Insurance Scheme rules prescribed for the
purposes of this paragraph (which may take account of
section 50 (information and reports)); or
(b) if there are no such rules—as soon as reasonably practicable,
including what is reasonably practicable having regard to
section 50 (information and reports).

Variation may be different from the one the participant requested

(9) If the participant requests a variation of the participant’s plan, any
variation under subsection (1) may be different from the one
requested.

When variation takes effect

(10) A variation under subsection (1) takes effect on the day specified
in the variation (which must not be earlier than the day the
variation is made).

Agency to give participant a copy of varied plan

(11) The Agency must provide a copy of the varied plan to the
participant within 7 days of the variation taking effect.

48 Reassessment of participant’s plan on request of participant or

CEO’s own initiative
(1) The CEO may conduct a reassessment of a participant’s plan at any
time.
Note: This section applies subject to section 49B (no reassessment of old
framework plan if participant to have new framework plans).

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Reassessment on request of participant or CEO’s own initiative

(2) The CEO may do so on request of the participant or on the CEO’s
own initiative.

Decision on request
(3) If the participant requests a reassessment of the participant’s plan,
the CEO must before the end of the period of 21 days beginning on
the day the CEO receives the request:
(a) make a decision that the plan needs to be varied under
subsection 47A(1); or
(b) make a decision that the plan needs to be reassessed; or
(c) make a decision not to conduct a reassessment of the plan.
Note 1: If the CEO decides the plan needs to be reassessed, see subsection (8)
for the period for completing the reassessment.
Note 2: Section 49B (no reassessment of old framework plan if participant to
have new framework plans) may prevent the CEO from making a
decision under paragraph (b) of this subsection.

(4) If the CEO does not make a decision under paragraph (3)(a), (b) or
(c) within that 21-day period, the CEO is taken to have decided not
to conduct a reassessment of the plan.

Matters to which the CEO must have regard

(5) The National Disability Insurance Scheme rules may set out
matters to which the CEO must have regard:
(a) in deciding whether to conduct a reassessment of a
participant’s plan on the CEO’s own initiative; or
(b) in making a decision under paragraph (3)(a), (b) or (c).

Notification of decision
(6) The CEO must notify the participant of the following:
(a) a decision of the CEO to conduct a reassessment of the
participant’s plan on the CEO’s own initiative;
(b) a decision of the CEO under paragraph (3)(a) or (b).

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Note: For notification of a decision under paragraph (3)(c), see

subsection 100(1).

Outcome of reassessment
(7) If the CEO conducts a reassessment under subsection (1) of a
participant’s plan, the CEO must:
(a) complete the reassessment; and
(b) either:
(i) vary, under subsection 47A(1), the participant’s plan as
a result of that reassessment; or
(ii) prepare a new plan with the participant in accordance
with Division 2 and approve, under subsection 32D(2)
or 33(2), the statement of participant supports in the
new plan.

Time for completing reassessment

(8) The CEO must do the things under paragraphs (7)(a) and (b):
(a) within the period worked out in accordance with the National
Disability Insurance Scheme rules prescribed for the
purposes of this paragraph (which may take account of
section 50 (information and reports)); or
(b) if there are no such rules—as soon as reasonably practicable,
including what is reasonably practicable having regard to
section 50 (information and reports).

49 Reassessment of participant’s plan before plan’s reassessment

date
(1) The CEO must do the following before the reassessment date of a
participant’s plan:
(a) complete a reassessment of the plan;
(b) either:
(i) vary, under subsection 47A(1), the participant’s plan as
a result of that reassessment; or

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(ii) prepare a new plan with the participant in accordance

with Division 2 and approve, under subsection 32D(2)
or 33(2), the statement of participant supports in the
new plan.
Note: This section applies subject to section 49B (no reassessment of old
framework plan if participant to have new framework plans).

(2) The CEO must start the reassessment under subsection (1) before
the period (if any) worked out in accordance with the National
Disability Insurance Scheme rules prescribed for the purposes of
this subsection.

49A Reassessment of participant’s plan in circumstances specified in

plan
The CEO must conduct a reassessment of a participant’s plan in
the circumstances, if any, specified in the plan.
Note: This section applies subject to section 49B (no reassessment of old
framework plan if participant to have new framework plans).

49B No reassessment of old framework plan if participant to have

new framework plans
Despite sections 48 to 49A, the CEO must not conduct a
reassessment of an old framework plan if the participant has been
given a notice under subsection 32B(2) that the participant is to
have new framework plans.

50 Information and reports for the purposes of varying or

reassessing a participant’s plan
(1) For the purposes of varying or reassessing a participant’s plan, the
CEO may make one or more requests under subsection (2).
(2) The requests the CEO may make are as follows:
(a) that the participant, or another person, provide information
that is reasonably necessary for the purposes of varying or
reassessing the participant’s plan; or

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(b) that the participant do either or both of the following:

(i) undergo an assessment and provide to the CEO the
report, in the approved form, of the person who
conducts the assessment;
(ii) undergo, whether or not at a particular place, a medical,
psychiatric, psychological or other examination,
conducted by an appropriately qualified person, and
provide to the CEO the report, in the approved form, of
the person who conducts the examination.
(3) The CEO may vary or reassess a participant’s plan before all the
information and reports requested under subsection (2) are received
by the CEO, but must give the participant a reasonable opportunity
to provide them.
Note: If information or reports are provided after the plan is varied or
reassessed, the plan can be varied or reassessed again and if necessary
replaced.

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Section 50J

Chapter 4—Administration
Part 1—General matters
Division 1—Participants and prospective participants

50J CEO to comply with requirements in relation to prospective

participants or participants
The National Disability Insurance Scheme rules may prescribe
requirements with which the CEO must comply in relation to the
following:
(a) the preparation of plans for participants;
(b) plans that have come into effect for participants;
(c) giving effect to decisions of the Administrative Review
Tribunal in relation to prospective participants or
participants.

51 Requirement to notify change of circumstances

(1) A participant or a prospective participant must notify the CEO if:
(a) an event or change of circumstances happens that affects, or
might affect, his or her access request, status as a participant
or plan; or
(b) the participant or prospective participant becomes aware that
such an event or change of circumstances is likely to happen.
(2) The participant or prospective participant must notify the CEO:
(a) in the manner set out in a written notice given to him or her
under section 52; and
(b) as soon as reasonably practicable after he or she becomes
aware that the event or change of circumstances has
happened or is likely to happen.

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Division 1 Participants and prospective participants

Section 52

52 Requirements relating to notices

(1) The CEO must approve a manner of notification that a participant
or prospective participant is to use when notifying the CEO in
relation to an event or change of circumstances under section 51.
(2) The CEO must, by written notice, notify the participant or
prospective participant of the approved manner of notification.

53 Power to obtain information from participants and prospective

participants to ensure the integrity of the National
Disability Insurance Scheme
(1) If the CEO has reasonable grounds to believe that a participant or a
prospective participant has information, or has custody or control
of a document, that may be relevant to one or more of the matters
mentioned in subsection (2), the CEO may require the participant
or prospective participant to give the information, or produce the
document, to the Agency.
(2) The matters are as follows:
(a) the monitoring of supports funded for, or provided to, a
participant;
(b) whether NDIS amounts paid to the participant or to another
person have been spent in accordance with the participant’s
plan;
(c) determining whether the participant was not entitled to be
paid NDIS amounts because of the misleading statements or
fraud of any person;
(d) whether the participant or other person has complied with
section 46;
(e) whether the participant or prospective participant receives:
(i) supports or funding through a statutory compensation
scheme or a statutory care or support scheme; or
(ii) any other disability or early intervention supports.

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Section 54

54 Written notice of requirement

(1) A requirement under section 53 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 that is required to
be given or produced; and
(b) how the person is to give the information or produce the
document; and
(c) the period within which the person is to give the information
or produce the document to the Agency; and
(d) the Agency officer to whom the information is to be given or
the document is to be produced; and
(e) that the notice is given under this section.
(3) The period specified under paragraph (2)(c) must be at least 14
days beginning on the day on which the notice is given.

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Division 2 Other persons

Section 55

Division 2—Other persons

55 Power of CEO to obtain information from other persons to

ensure the integrity of the National Disability Insurance
Scheme
(1) If the CEO has reasonable grounds to believe that a person other
than a participant or a prospective participant has information, or
has custody or control of a document, that may be relevant to one
or more of the matters mentioned in subsection (2), the CEO may
require the person to give the information, or produce the
document, to the Agency.
(2) The matters are as follows:
(a) whether a prospective participant meets the access criteria;
(b) whether a participant continues to meet the access criteria;
(c) whether a person purporting to act on a person’s behalf for
the purposes of this Act has the authority to do so;
(d) the preparation, variation or reassessment of a participant’s
plan;
(e) the monitoring of supports funded for, or provided to, a
participant;
(f) whether NDIS amounts paid to the participant or to another
person have been spent in accordance with the participant’s
plan;
(g) whether a participant or other person has complied with
section 46;
(h) whether a participant receives:
(i) supports or funding through a statutory compensation
scheme or a statutory care or support scheme; or
(ii) any other disability support;
(k) the functions of the Agency.

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Section 55A

55A Power of Commissioner to obtain information from other

persons to ensure the integrity of the National Disability
Insurance Scheme etc.
(1) If the Commissioner reasonably believes that a person, other than a
prospective participant or a person receiving supports or services
from an NDIS provider, has information, or has custody or control
of a document, that may be relevant to one or more of the matters
mentioned in subsection (2), the Commissioner may require the
person to give the information, or produce the document, to the
Commissioner.
(2) The matters are as follows:
(a) whether an NDIS provider is contravening or has
contravened subsection 73B(2) (requirement to be a
registered NDIS provider);
(b) whether a person applying for registration under
subsection 73E(1) satisfies the requirements mentioned in
that subsection;
(c) whether a registered NDIS provider is meeting or has met the
conditions of registration mentioned in subsection 73F(1);
(d) whether an NDIS provider, a person who is or was employed
or otherwise engaged by an NDIS provider or a person who
is or was a member of the key personnel of an NDIS provider
is complying or has complied with the requirements of the
NDIS Code of Conduct;
(e) if an NDIS provider, or other person, is or was subject to a
banning order—whether the provider or person is providing
or has provided supports or services in contravention of the
order;
(f) the functions of the Commissioner.

56 Written notice of requirement

(1) A requirement under section 55 or 55A must be made by written
notice given to the person of whom the requirement is made.
(2) The notice must specify:

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Section 56

(a) the nature of the information or document that is required to

be given or produced; and
(b) how the person is to give the information or produce the
document; and
(c) the period within which the person is to give the information
or produce the document to the Agency or Commissioner;
and
(d) if the notice is given by the CEO—the Agency officer to
whom the information is to be given or the document is to be
produced; and
(da) if the notice is given by the Commissioner—the Commission
officer to whom the information is to be given or the
document is to be produced; and
(e) that the notice is given under this section.
(3) The period specified under paragraph (2)(c) must be at least 14
days beginning on the day on which the notice is given.
(4) If the notice is given by the CEO:
(a) the notice may require the person to give the information by
appearing before a specified Agency officer to answer
questions; and
(b) if paragraph (a) applies—the notice must specify a time and
place at which the person is to appear, which must be at least
14 days after the notice is given.
(5) If the notice is given by the Commissioner:
(a) the notice may require the person to give the information by
appearing before a specified Commission officer to answer
questions; and
(b) if paragraph (a) applies—the notice must specify a time and
place at which the person is to appear, which must be at least
14 days after the notice is given.

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Section 57

57 Offence—refusal or failure to comply with requirement

(1) A person must not refuse or fail to comply with a requirement
under section 55 or 55A to give information or produce a
document.
Penalty: 30 penalty units.
Note: If a body corporate is convicted of an offence against this subsection,
subsection 4B(3) of the Crimes Act 1914 allows a court to impose a
fine of up to 5 times the penalty stated above.

(2) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to the matter in this
subsection: see subsection 13.3(3) of the Criminal Code.

(3) It is a reasonable excuse for an individual to refuse or fail to give

information or produce a document on the ground that to do so
might tend to incriminate the individual or expose the individual to
a penalty.

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Division 3 Interaction with other laws

Section 58

Division 3—Interaction with other laws

58 Obligations not affected by State or Territory laws

(1) Subject to subsection (2), nothing in a law of a State or a Territory
prevents a person from:
(a) giving information; or
(b) producing a document; or
(c) giving evidence;
that the person is required to give or produce to the Agency, an
Agency officer, the Commissioner or a Commission officer for the
purposes of this Act.
(2) Despite subsection (1), a person is not required to give information,
produce a document or give evidence to the Agency, an Agency
officer, the Commissioner or a Commission officer for the
purposes of this Act if:
(a) the person would, apart from subsection (1), be prevented
from doing so under a law of a State or Territory; and
(b) the law of the State or Territory is prescribed by the National
Disability Insurance Scheme rules for the purposes of this
paragraph.

59 Interaction with Commonwealth laws

This Part does not require a person to give information or produce
a document to the extent that in doing so the person would
contravene a law of the Commonwealth.

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Information held by the Agency Division 1

Section 60

Part 2—Privacy
Division 1—Information held by the Agency

60 Protection of information held by the Agency etc.

(2) A person may:
(a) make a record of protected Agency information; or
(b) disclose such information to any person; or
(c) otherwise use such information;
if:
(d) the making of the record, or the disclosure or use of the
information, by the person is made:
(i) for the purposes of this Act; or
(ii) for the purpose for which the information was disclosed
to the person under section 66; or
(iii) with the express or implied consent of the person to
whom the information relates; or
(e) the person believes on reasonable grounds that the making of
the record, or the disclosure or use of the information, by the
person is for the purpose of, or in relation to, preventing or
lessening a threat (whether current or future) to an
individual’s life, health or safety; or
(f) the person believes on reasonable grounds that the making of
the record, or the disclosure or use of the information, by the
person is for the purpose of, or in relation to, reporting a past
threat to an individual’s life, health or safety.
(3) Without limiting subsection (2), the recording, disclosure or use of
information by a person is taken to be for the purposes of this Act
if the CEO believes, on reasonable grounds, that it is reasonably
necessary for one or more of the following purposes:
(a) research into matters relevant to the National Disability
Insurance Scheme;

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Division 1 Information held by the Agency

Section 62

(b) actuarial analysis of matters relevant to the National

Disability Insurance Scheme;
(c) policy development.
(4) The CEO or an Agency officer may disclose protected Agency
information to the Commissioner or a Commission officer if the
disclosure is for, or in connection with, the performance of the
Commissioner’s functions or the exercise of the Commissioner’s
powers.

62 Offence—unauthorised use or disclosure of protected Agency

information
A person commits an offence if:
(a) the person:
(i) makes a record of information; or
(ii) discloses information to any other person; or
(iii) otherwise makes use of information; and
(b) the person is not authorised or required by or under this Act
to make the record, disclosure or use of the information that
is made by the person; and
(c) the information is protected Agency information.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
Note: If a body corporate is convicted of an offence against this section,
subsection 4B(3) of the Crimes Act 1914 allows a court to impose a
fine of up to 5 times the pecuniary penalty stated above.

63 Offence—soliciting disclosure of protected Agency information

A person (the first person) commits an offence if:
(a) the first person solicits the disclosure of information from an
Agency officer or another person, whether or not any
protected Agency information is actually disclosed; and
(b) the disclosure would be in contravention of this Part; and
(c) the information is protected Agency information.

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Section 64

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

Note: If a body corporate is convicted of an offence against this section,
subsection 4B(3) of the Crimes Act 1914 allows a court to impose a
fine of up to 5 times the pecuniary penalty stated above.

64 Offence—offering to supply protected Agency information

(1) A person commits an offence if:
(a) the person offers to supply (whether to a particular person or
otherwise) information about another person; and
(b) the person knows the information is protected Agency
information.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
Note: If a body corporate is convicted of an offence against this subsection,
subsection 4B(3) of the Crimes Act 1914 allows a court to impose a
fine of up to 5 times the pecuniary penalty stated above.

(2) A person commits an offence if:

(a) the person holds himself or herself out as being able to
supply (whether to a particular person or otherwise)
information about another person; and
(b) the person knows the information is protected Agency
information.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
Note: If a body corporate is convicted of an offence against this subsection,
subsection 4B(3) of the Crimes Act 1914 allows a court to impose a
fine of up to 5 times the pecuniary penalty stated above.

(3) Subsections (1) and (2) do not apply to a person acting in the
performance or exercise of his or her duties, functions or powers
under this Act.

66 Disclosure of information by CEO

(1) Despite sections 62, 64 and 67G, the CEO may:
(a) if the CEO is satisfied on reasonable grounds that it is in the
public interest to do so in a particular case or class of cases—

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Section 66

disclose information acquired by a person in the performance

of his or her functions or duties or in the exercise of his or
her powers under this Act to such persons and for such
purposes as the CEO determines; or
(b) disclose any such information:
(i) to the Secretary of a Department of State of the
Commonwealth, or to the head of an authority of the
Commonwealth, for the purposes of that Department or
authority; or
(ii) to a person who has the express or implied consent of
the person to whom the information relates to collect it;
or
(iii) to the Chief Executive Centrelink for the purposes of a
centrelink program; or
(iv) to the Chief Executive Medicare for the purposes of a
medicare program; or
(v) to the chief executive (however described) of a
Department of State of a State or Territory, or to the
head of an authority of a State or Territory, for the
purposes of that Department or authority.
(2) In disclosing information for the purposes of paragraph (1)(a) or
subparagraph (1)(b)(i) or (v), the CEO must act in accordance with
any National Disability Insurance Scheme rules made for the
purposes of section 67.
(3) Despite any other provision of this Part, the CEO may disclose
protected Agency information to a participant’s nominee if the
protected Agency information:
(a) relates to the participant; and
(b) is or was held in the records of the Agency.
(4) If:
(a) the CEO or an Agency officer is served with a summons or
notice, or is otherwise subject to a requirement, under the
Royal Commissions Act 1902; and

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Section 67

(b) in order to comply with the summons, notice or requirement,

the CEO or Agency officer would be required to disclose
information that is protected Agency information;
then, despite sections 62 and 67G of this Act, the CEO or Agency
officer must, subject to the Royal Commissions Act 1902, disclose
that information. The information is taken to have been disclosed
for the purposes of the Royal Commissions Act 1902 and of the
Royal Commission concerned.

67 National Disability Insurance Scheme rules for exercise of CEO’s

disclosure powers
The National Disability Insurance Scheme rules may make
provision for and in relation to the exercise of the CEO’s power to
disclose information for the purposes of paragraph 66(1)(a) or
subparagraph 66(1)(b)(i) or (v).

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Division 2 Information held by the Commission

Section 67A

Division 2—Information held by the Commission

67A Protection of information held by the Commission etc.

(1) A person may:
(a) make a record of protected Commission information; or
(b) disclose such information to any person; or
(c) otherwise use such information;
if:
(d) the making of the record, or the disclosure or use of the
information, by the person is made:
(i) for the purposes of this Act; or
(ii) for the purpose for which the information was disclosed
to the person under section 67E; or
(iii) with the express or implied consent of the person to
whom the information relates; or
(da) the disclosure of the information by the person is to a State or
Territory, or to an authority of a State or Territory, for one or
more of the following purposes:
(i) the carrying out of an NDIS worker screening check;
(ii) any other purpose of an NDIS worker screening law;
(iii) the screening of a worker employed or otherwise
engaged by a registered NDIS provider, or of a member
of the key personnel of a registered NDIS provider, as
mentioned in paragraph 73T(3)(d); or
(db) the disclosure of the information by the person is to a person
or body, prescribed by the National Disability Insurance
Scheme rules for the purposes of this paragraph, for the
purpose prescribed by those rules; or
(e) the person reasonably believes that the making of the record,
or the disclosure or use of the information, by the person is
for the purpose of, or in relation to, preventing or lessening a
threat (whether current or future) to an individual’s life,
health or safety; or

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Section 67B

(f) the person reasonably believes that the making of the record,
or the disclosure or use of the information, by the person is
for the purpose of, or in relation to, reporting a past threat to
an individual’s life, health or safety.
(2) Without limiting subsection (1), the recording, disclosure or use of
information by a person is taken to be for the purposes of this Act
if the Commissioner reasonably believes that it is reasonably
necessary for one or more of the following purposes:
(a) research into matters relevant to the National Disability
Insurance Scheme;
(b) policy development.
(3) The Commissioner or a Commission officer may disclose protected
Commission information to the Agency or an Agency officer if the
disclosure is for, or in connection with, the performance of the
Agency’s or CEO’s functions or the exercise of the Agency’s or
CEO’s powers.

67B Offence—unauthorised use or disclosure of protected

Commission information
A person commits an offence if:
(a) the person:
(i) makes a record of information; or
(ii) discloses information to any other person; or
(iii) otherwise makes use of information; and
(b) the person is not authorised or required by or under this Act
to make the record, disclosure or use of the information that
is made by the person; and
(c) the information is protected Commission information.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
Note: If a body corporate is convicted of an offence against this section,
subsection 4B(3) of the Crimes Act 1914 allows a court to impose a
fine of up to 5 times the pecuniary penalty stated above.

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Section 67C

67C Offence—soliciting disclosure of protected Commission

information
A person (the first person) commits an offence if:
(a) the first person solicits the disclosure of information from a
Commission officer or another person, whether or not any
protected Commission information is actually disclosed; and
(b) the disclosure would be in contravention of this Part; and
(c) the information is protected Commission information.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
Note: If a body corporate is convicted of an offence against this section,
subsection 4B(3) of the Crimes Act 1914 allows a court to impose a
fine of up to 5 times the pecuniary penalty stated above.

67D Offence—offering to supply protected Commission information

(1) A person commits an offence if:
(a) the person offers to supply (whether to a particular person or
otherwise) information about another person; and
(b) the person knows the information is protected Commission
information.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
Note: If a body corporate is convicted of an offence against this subsection,
subsection 4B(3) of the Crimes Act 1914 allows a court to impose a
fine of up to 5 times the pecuniary penalty stated above.

(2) A person commits an offence if:

(a) the person holds himself or herself out as being able to
supply (whether to a particular person or otherwise)
information about another person; and
(b) the person knows the information is protected Commission
information.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.

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Section 67E

Note: If a body corporate is convicted of an offence against this subsection,

subsection 4B(3) of the Crimes Act 1914 allows a court to impose a
fine of up to 5 times the pecuniary penalty stated above.

(3) Subsections (1) and (2) do not apply to a person acting in the
performance or exercise of his or her duties, functions or powers
under this Act.

67E Disclosure of information by Commissioner

(1) Despite sections 67B, 67D and 67G, the Commissioner may:
(a) if the Commissioner is satisfied on reasonable grounds that it
is in the public interest to do so in a particular case or class of
cases—disclose information acquired by a person in the
performance of his or her functions or duties or in the
exercise of his or her powers under this Act to such persons
and for such purposes as the Commissioner determines; or
(b) disclose any such information:
(i) to the Secretary of a Department of State of the
Commonwealth, or to the head of an authority of the
Commonwealth, for the purposes of that Department or
authority; or
(ii) to a person who has the express or implied consent of
the person to whom the information relates to collect it;
or
(iii) to a Department of State of a State or Territory, or to an
authority of a State or Territory, that has responsibility
for matters relating to people with disability, including
the provision of supports or services to people with
disability; or
(iv) to the chief executive (however described) of a
Department of State of a State or Territory, or to the
head of an authority of a State or Territory, for the
purposes of that Department or authority.
(2) In disclosing information for the purposes of paragraph (1)(a) or
subparagraph (1)(b)(i), (iii) or (iv), the Commissioner must act in

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Section 67F

accordance with the National Disability Insurance Scheme rules

made for the purposes of section 67F.
(3) Despite any other provision of this Part, the Commissioner may
disclose protected Commission information to a participant’s
nominee if the protected Commission information:
(a) relates to the participant; and
(b) is or was held in the records of the Commission.
(4) If:
(a) the Commissioner or a Commission officer is served with a
summons or notice, or is otherwise subject to a requirement,
under the Royal Commissions Act 1902; and
(b) in order to comply with the summons, notice or requirement,
the Commissioner or Commission officer would be required
to disclose information that is protected Commission
information;
then, despite sections 67B and 67G of this Act, the Commissioner
or Commission officer must, subject to the Royal Commissions Act
1902, disclose that information. The information is taken to have
been disclosed for the purposes of the Royal Commissions Act
1902 and of the Royal Commission concerned.

67F National Disability Insurance Scheme rules for exercise of

Commissioner’s disclosure powers
The National Disability Insurance Scheme rules may make
provision for and in relation to the exercise of the Commissioner’s
power to disclose information for the purposes of
paragraph 67E(1)(a) or subparagraph 67E(1)(b)(i), (iii) or (iv).

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Section 67G

Division 3—Information generally

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 his or her duties, functions or
powers under this Act; or
(b) to disclose any matter or thing of which he or she had notice
because of the performance or exercise of such duties,
functions or powers;
to a court, tribunal, authority or person that has power to require
the production of documents or the answering of questions.

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.

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Part 3A NDIS providers
Division 2 Registered NDIS providers

Section 73B

Part 3A—NDIS providers

Division 2—Registered NDIS providers

73B 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 only by persons who are registered under
section 73E to provide those classes of supports.
Note: See also subsections 32D(7) and 33(6), which provide that, if the
funding for supports under a plan is managed by the Agency, supports
are to be provided only by a registered NDIS provider.

(2) A person must not provide a support under a participant’s plan if:
(a) the National Disability Insurance Scheme rules require the
person to be registered to provide the support under the plan;
and
(b) the person is not so registered.
Civil penalty: 250 penalty units.

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 Chapter 2;
(b) managing the funding for supports under participants’ plans;
(c) the provision of supports under participants’ plans.
Note: An unincorporated association or a partnership may also apply for
registration under this section (see section 203).

(2) A person may also apply to the Commissioner to be a registered

NDIS provider in relation to the provision of services or supports
to people with disability other than under the National Disability

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Registered NDIS providers Division 2

Section 73D

Insurance Scheme if the person is included in a class of persons

prescribed for the purposes of subparagraph (b)(ii) of the definition
of NDIS provider.
(3) The application must:
(a) be in writing; and
(b) be in a form (if any) approved in writing by the
Commissioner; and
(c) include any information, and be accompanied by any
documents, required by the Commissioner.
Note: The Commissioner is not required to make a decision on the
application if this subsection is not complied with (see section 197B).

(4) The Commissioner may, by written notice, require an applicant for

registration to give the Commissioner such further information or
documents in relation to the application as the Commissioner
reasonably requires.
Note: The Commissioner is not required to make a decision on the
application if this subsection is not complied with (see section 197B).

(5) A notice under subsection (4) may specify a period, which must
not be less than 14 days, within which the information or
documents must be given.

Withdrawal of application
(6) An applicant for registration may at any time, by writing to the
Commissioner, withdraw the application.
(7) A person’s application is taken to have been withdrawn if the
person’s registration is revoked under section 73P while that
application is pending.

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

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Division 2 Registered NDIS providers

Section 73E

(b) the person knows the information or document is false or

misleading in a material particular.
Civil penalty: 60 penalty units.
Note: Part 7.4 of the Criminal Code provides offences in relation to false or
misleading statements, information and documents.

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 assessed by an approved quality
auditor as meeting the applicable standards and other
requirements prescribed by the NDIS Practice Standards; and
(d) the Commissioner is satisfied that the applicant is suitable to
provide supports or services to people with disability, having
regard to any matters prescribed by the National Disability
Insurance Scheme rules for the purposes of this paragraph;
and
(e) the Commissioner is satisfied that the applicant’s key
personnel (if any) are suitable to be involved in the provision
of supports or services for which the applicant will be
registered to provide, having regard to any matters prescribed
by the National Disability Insurance Scheme rules for the
purposes of this paragraph; and
(f) the applicant satisfies any other requirements prescribed by
the National Disability Insurance Scheme rules for the
purposes of this paragraph.
(2) A person may be registered in respect of one or more of the
following:
(a) managing the funding of supports under participants’ plans;
(b) providing specified classes of supports under participants’
plans;

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(c) providing specified classes of supports or services under the

arrangements set out in Chapter 2;
(d) providing specified classes of supports or services to people
with disability other than under the National Disability
Insurance Scheme.
(3) Despite subsections (1) and (2), if a banning order is in force in
relation to the applicant, the Commissioner must not register the
applicant in a way that would be inconsistent with the banning
order.
Note: Under subsection 73ZN(3), a banning order may be of general or
limited application.

Notice of decision to register

(4) The Commissioner must:
(a) give written notice of a decision to register, or not to register,
a person as a registered NDIS provider, including reasons for
the decision; and
(b) if the decision is to register the person—provide a certificate
of registration, specifying the matters mentioned in
subsection (5), to the person.

Certificate of registration
(5) A certificate of registration must specify:
(a) which of the following the person is a registered NDIS
provider in relation to:
(i) managing the funding for supports under plans;
(ii) the provision of supports under plans;
(iii) the provision of supports or services under the
arrangements set out in Chapter 2;
(iv) the provision of services or supports to people with
disability other than under the National Disability
Insurance Scheme; and
(b) the classes of supports or services the person is registered to
provide; and

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Section 73F

(c) if the person is registered in respect of a class of persons—

the class of persons in respect of which the provider is
registered; and
(d) the conditions (if any) on the registration imposed by the
Commissioner under section 73G; and
(e) the period for which the registration is in force; and
(f) any other matter determined in writing by the Commissioner
for the purposes of this paragraph.
Note: The registration of a person may be varied (see section 73L),
suspended (see section 73N) or revoked (see section 73P) and the
period for which the registration is in force may be extended (see
section 73K) or varied (see section 73L).

(6) A determination made under paragraph (5)(f) is not a legislative

instrument.

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 Commissioner under
section 73G;
(c) the conditions (if any) determined by the National Disability
Insurance Scheme rules under section 73H.
(2) The registration of a person as a registered NDIS provider is
subject to the following conditions:
(a) a condition that the person comply with all applicable
requirements imposed by a law of the Commonwealth or a
law of the State or Territory in which the person or entity
operates as a registered NDIS provider;
(b) a condition that the person comply with all applicable
requirements of the NDIS Code of Conduct;
(c) a condition that the person comply with all applicable
standards and other requirements of the NDIS Practice
Standards;

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(d) a condition that the person comply with all applicable

requirements relating to record keeping prescribed by the
National Disability Insurance Scheme rules for the purposes
of section 73Q;
(e) a condition that the person implement and maintain the
applicable complaints management and resolution system in
accordance with section 73W;
(f) a condition that the person comply with all applicable
requirements relating to complaints prescribed by the
National Disability Insurance Scheme rules for the purposes
of section 73X;
(g) a condition that the person implement and maintain the
applicable incident management system in accordance with
section 73Y;
(h) a condition that the person comply with all applicable
requirements relating to reportable incidents prescribed by
the National Disability Insurance Scheme rules for the
purposes of section 73Z;
(i) a condition that the person give to the Commissioner, on
request, information specified in the request within the period
specified in the request (which must not be less than 14
days).

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
time.
Note: Conditions imposed under this section may also be varied or revoked
(see section 73L).

(3) The conditions may include, but are not limited to, conditions
relating to the following matters:
(a) the types of quality audits the provider must undergo;
(b) the timing of such quality audits;

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Section 73H

(c) requirements relating to supports or services for which the

provider is registered to provide, including circumstances in
which supports or services for which the provider is
registered can or cannot be provided.

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
conditions.

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: 250 penalty units.

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 an
application under section 73C.
(2) Despite paragraph 73E(5)(e), the registration of the person
continues in force until the Commissioner makes a decision on the
application under subsection 73E(1).

73L Variation of registration

(1) The Commissioner may vary the registration of a registered NDIS
provider, by written notice given to the provider:

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Section 73M

(a) at any time, on the Commissioner’s own initiative; or

(b) on application by the provider under section 73M.
(2) The Commissioner may vary the registration of a registered NDIS
provider if the Commissioner considers it appropriate in all the
circumstances to do so.
(3) Without limiting subsection (1), the Commissioner may vary the
registration of an NDIS provider to:
(a) impose, vary or revoke conditions to which the registration is
subject under section 73G; or
(b) reduce or extend the period for which the registration is in
force; or
(c) extend, modify or reduce the supports or services the
provider is registered to provide.
(4) If the Commissioner decides to vary the registration of a registered
NDIS provider, the Commissioner must give a certificate of
registration as varied to the provider.
(5) If, after receiving an application under section 73M, the
Commissioner refuses to vary the registration of a registered NDIS
provider, the Commissioner must give written notice of the refusal,
including reasons for the refusal.
(6) A variation of the registration of a registered NDIS provider takes
effect on the day specified in the notice given under subsection (1).

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
Commissioner; and
(c) include any information, and be accompanied by any
documents, required by the Commissioner.

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Section 73N

Note: The Commissioner is not required to make a decision on the

application if this subsection is not complied with (see section 197B).

(3) The Commissioner may, by written notice, require an applicant for

a variation to give the Commissioner such further information or
documents in relation to the application as the Commissioner
reasonably requires.
Note: The Commissioner is not required to make a decision on the
application if this subsection is not complied with (see section 197B).

(4) A notice under subsection (3) may specify a period, which must
not be less than 14 days, within which the information or
documents must be given.

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 reasonably believes that the person has
contravened, is contravening, or is proposing to contravene,
this Act; or
(b) the Commissioner reasonably believes that the application
for registration by the person contained information that was
false or misleading in a material particular; or
(c) the person is an insolvent under administration; or
(d) the Commissioner is satisfied that the person is no longer
suitable to provide the supports or services to people with
disability, having regard to any matters prescribed by the
National Disability Insurance Scheme rules for the purposes
of this paragraph; or
(e) the Commissioner is no longer satisfied that the key
personnel of the person (if any) are suitable to be involved in
the provision of supports or services to people with disability,
having regard to any matters prescribed by the National
Disability Insurance Scheme rules for the purposes of this
paragraph; or

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(f) a circumstance exists that is a circumstance prescribed by

National Disability Insurance Scheme rules for the purposes
of this paragraph.
(2) The period specified under subsection (1) must not be longer than
30 days.
(3) To avoid doubt, subsection (2) does not prevent the Commissioner
suspending the registration of a person as a registered provider
more than once.
(4) In deciding whether to suspend the registration of a person under
subsection (1), the Commissioner must have regard to the
following matters:
(a) the nature, significance and persistence of any contravention,
or proposed contravention, of this Act;
(b) action that can be taken to address any contravention, or
proposed contravention, of this Act;
(c) the extent (if any) to which the person is conducting its
affairs as a registered NDIS provider in a way that may cause
harm to, or jeopardise, public trust in the National Disability
Insurance Scheme;
(d) the health, safety or wellbeing of people with disability
receiving supports or services from the person;
(e) any other matter the Commissioner considers relevant.
(5) If the registration of a person is suspended under subsection (1),
the Commissioner must give the person written notice of the
suspension and the reasons for the suspension.

Suspension at the request of registered NDIS provider

(6) The Commissioner may, in writing, suspend the registration of a
person as a registered NDIS provider for a specified period if the
person requests the Commissioner, in writing, to suspend the
registration.

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Section 73P

Effect of suspension
(7) If the registration of a person is suspended under this section, the
registration ceases to have effect until the suspension ceases to be
in force.

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, or is proposing to contravene,
this Act; or
(b) the application for registration by the person contained
information that was false or misleading in a material
particular; or
(c) the person is an insolvent under administration; or
(d) the Commissioner is satisfied that the person is no longer
suitable to provide supports or services to people with
disability, having regard to any matters prescribed by the
National Disability Insurance Scheme rules for the purposes
of this paragraph; or
(e) the Commissioner is no longer satisfied that the key
personnel of the person (if any) are suitable to be involved in
the provision of supports or services for which the person is
registered to provide, having regard to any matters prescribed
by the National Disability Insurance Scheme rules for the
purposes of this paragraph; or
(f) a circumstance exists that is a circumstance prescribed by
National Disability Insurance Scheme rules for the purposes
of this paragraph.
(2) In deciding whether to revoke the registration of a person under
subsection (1), the Commissioner must have regard to the
following matters:
(a) the nature, significance and persistence of any contravention,
or proposed contravention, of this Act;

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(b) action that can be taken to address any contravention, or

proposed contravention, of this Act;
(c) the extent (if any) to which the person is conducting its
affairs as a registered NDIS provider in a way that may cause
harm to, or jeopardise, public trust in the National Disability
Insurance Scheme;
(d) the health, safety or wellbeing of people with disability
receiving supports or services from the person;
(e) any other matter the Commissioner considers relevant.
(3) The Commissioner may, in writing, revoke the registration of a
person as a registered NDIS provider if the person requests the
Commissioner, in writing, to revoke the registration.
(4) Before deciding to revoke the registration of a person under
subsection (1), the Commissioner must notify the person that
revocation is being considered. The notice must be in writing and
must:
(a) include the Commissioner’s reasons for considering the
revocation; and
(b) invite the person to make submissions, in writing, to the
Commissioner within the period specified in the notice
(which must not be less than 28 days); and
(c) inform the person that if no submissions are made within the
period specified in the notice, any revocation may take effect
as early as 7 days after the end of the period specified in the
notice.
(5) In deciding whether to revoke the registration, the Commissioner
must consider any submissions given to the Commissioner within
the period specified in the notice.
(6) The Commissioner must notify the person, in writing, of the
decision.
(7) The notice under subsection (6) must be given within 28 days after
the end of the period for making submissions. If the notice is not
given within this period, the Commissioner is taken to have
decided not to revoke the registration.

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Section 73Q

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 condition of registration (see
paragraph 73F(2)(d)), breach of which is a civil penalty provision (see
section 73J).

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 provider.
(2) The records must be kept for 3 years commencing on the day that
the person ceased to be a registered NDIS provider.
(3) A person contravenes this section if the person:
(a) is subject to a requirement under this section; and
(b) fails to comply the requirement.
Civil penalty: 60 penalty units.

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
registered NDIS provider under this Act.
(2) The terms and conditions on which that financial assistance is
granted are to be set out in a written agreement between the
Commonwealth and the person or entity.
(3) An agreement under subsection (2) may be entered into by the
Commissioner on behalf of the Commonwealth.

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Section 73T

Division 3—Quality assurance

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: Non-compliance with the NDIS Practice Standards by registered
NDIS providers constitutes a breach of condition of registration (see
paragraph 73F(2)(c) and section 73J).

(2) Rules made for the purposes of subsection (1) are to be known as
the NDIS Practice Standards.
(3) Without limiting subsection (1), the NDIS Practice Standards may
deal with the following:
(a) standards to be complied with to become a registered NDIS
provider;
(b) standards to be complied with to remain a registered NDIS
provider;
(c) matters relating to assessing compliance with the standards;
(d) matters relating to the screening of workers employed or
otherwise engaged by registered NDIS providers or of
members of the key personnel of registered NDIS providers.

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 a person or body requests an approval, the Commissioner must:
(a) make a decision under subsection (1) to give the approval; or
(b) make a decision to refuse to give the approval.

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Section 73U

(4) If the Commissioner refuses to give the approval, the

Commissioner must give notice to the person or body of the refusal
and of the reasons for the refusal.

Conditions
(4A) An approval is subject to such conditions as are specified in the
National Disability Insurance Scheme rules for the purposes of this
subsection.
(5) The Commissioner may make an approval subject to conditions
specified in the approval.
(5A) Without limiting subsection (4A) or (5), a condition specified
under either of those subsections may have the effect of requiring
an approved quality auditor to not:
(a) employ or engage, or continue to employ or engage, a person
against whom a banning order has been made; or
(b) have, or continue to have, such a person as a member of the
approved quality auditor’s key personnel.

Variation
(6) The Commissioner may, in writing, vary an approval given under
subsection (1) by:
(a) imposing new conditions on the approval; or
(b) varying or removing existing conditions (other than
conditions specified under subsection (4A)).
(7) The Commissioner must give notice to the person or body of the
variation and of the reasons for the variation. The notice must
specify the day the variation takes effect (which must not be earlier
than the day the notice is given).

Revocation
(8) The Commissioner may, in writing, revoke an approval given
under subsection (1).

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Section 73U

(9) The Commissioner must give notice to the person or body of the
revocation and of the reasons for the revocation. The notice must
specify the day the revocation takes effect (which must not be
earlier than the day the notice is given).

National Disability Insurance Scheme rules relating to approved

quality auditors
(9A) The National Disability Insurance Scheme rules may prescribe
requirements with which the Commissioner must comply, criteria
that the Commissioner is to apply, or matters to which the
Commissioner may, must or must not have regard, in deciding the
following:
(a) whether to give, or refuse to give, an approval under
subsection (1);
(b) whether or not to make an approval given under
subsection (1) subject to conditions;
(c) whether or not to vary or revoke an approval given under
subsection (1).

Approval not a legislative instrument

(10) An approval given under subsection (1) is not a legislative
instrument.

Publication
(11) The Commissioner may publish, on the Commission’s website, a
list of approved quality auditors.

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Section 73V

Division 4—NDIS Code of Conduct

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 or otherwise engaged by NDIS providers
or members of the key personnel of NDIS providers.
(2) Rules made for the purposes of subsection (1) are to be known as
the NDIS Code of Conduct.
(3) A person contravenes this section if the person:
(a) is subject to a requirement under the NDIS Code of Conduct;
and
(b) fails to comply with the requirement.
Civil penalty: 250 penalty units.

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Section 73W

Division 5—Complaints management and resolution

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 provided by the provider; and
(aa) acknowledges the role of advocates (including independent
advocates) and other representatives of persons with
disability; and
(ab) provides for cooperation with, and facilitates arrangements
for, advocates (including independent advocates) and other
representatives of persons with disability who are affected by
the complaints process and who wish to be independently
supported in that process by an advocate or other
representative; and
(b) complies with the requirements (if any) prescribed by the
National Disability Insurance Scheme rules for the purposes
of this paragraph.
Note: Non-compliance with this section constitutes a breach of condition of
registration (see paragraph 73F(2)(e) and section 73J).

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 or services by NDIS providers.
(2) Without limiting subsection (1), the National Disability Insurance
Scheme rules may deal with the following matters:

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Section 73X

(a) how complaints may be made, managed and resolved,

including methods to support the early resolution of
complaints;
(b) the roles, rights and responsibilities of people with disability,
complainants, NDIS providers, advocates (including
independent advocates) and other persons in relation to the
management and resolution of complaints;
(c) considerations relevant to making decisions under the
National Disability Insurance Scheme rules in relation to
complaints;
(ca) requirements relating to procedural fairness in relation to the
management and resolution of complaints;
(d) procedures for the review of decisions and processes;
(e) actions that must or may be taken (including making
requirements of NDIS providers) to address complaints;
(f) authorising the provision of information relating to
complaints to the Minister, the Agency or other specified
bodies;
(g) the matters in relation to which the Commissioner may
authorise an inquiry, on his or her own initiative.

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Section 73Y

Division 6—Incident management—registered NDIS

providers

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 provider; and
(b) complies with the requirements (if any) prescribed by the
National Disability Insurance Scheme rules for the purposes
of this paragraph.
Note: Non-compliance with this section constitutes a breach of condition of
registration (see paragraph 73F(2)(g) and section 73J).

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
occurred, in connection with the provision of supports or services
by registered NDIS providers or in other circumstances prescribed
by the National Disability Insurance Scheme rules.
(2) Without limiting subsection (1), the National Disability Insurance
Scheme rules may deal with the following matters:
(a) the manner and period within which reportable incidents
must be reported to the Commission;
(b) action that must be taken in relation to reportable incidents;
(c) authorising the provision of information relating to reportable
incidents to the Minister, the Agency or other specified
bodies;
(d) the matters in which the Commissioner may authorise an
inquiry in relation to a reportable incident, on his or her own
initiative.

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Section 73Z

(3) Without limiting paragraph (2)(b), action may include:

(aa) requiring a registered NDIS provider to provide people with
disability with information regarding the use of an advocate
(including an independent advocate) in relation to an
investigation into the reportable incident; and
(a) requiring a registered NDIS provider to arrange for, and
cover the cost of, an independent investigation into the
reportable incident within a specified period; and
(b) providing a copy of any report of the independent
investigation to the Commissioner.
(4) Reportable incident means:
(a) the death of a person with disability; or
(b) serious injury to a person with disability; or
(c) abuse or neglect of a person with disability; or
(d) unlawful sexual or physical contact with, or assault of, a
person with disability; or
(e) sexual misconduct committed against, or in the presence of, a
person with disability, including grooming of the person for
sexual activity; or
(f) the use of a restrictive practice in relation to a person with
disability, other than where the use is in accordance with an
authorisation (however described) of a State or Territory in
relation to the person.
(5) Despite subsection (4), the National Disability Insurance Scheme
rules may provide as follows:
(a) that a specified act, omission or event is a reportable
incident;
(b) that a specified act, omission or event is not a reportable
incident.

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Protection of disclosers Division 7

Section 73ZA

Division 7—Protection of disclosers

73ZA Disclosures qualifying for protection

(1) This section applies to a disclosure of information by a person (the
discloser) who is, in relation to an NDIS provider, any of the
following:
(a) if the NDIS provider is a body corporate—an officer or
employee of the body corporate, or a person who has a
contract for the supply of goods or services to, or on behalf
of, the body corporate;
(b) if the NDIS provider is an unincorporated association—a
member of the committee of management or an employee of
the association, or a person who has a contract for the supply
of goods or services to, or on behalf of, the association;
(c) if the NDIS provider is a partnership—a partner in or an
employee of the partnership, or a person who has a contract
for the supply of goods or services to, or on behalf of, the
partnership;
(d) in any case—a person with disability who is receiving a
support or service from the NDIS provider, or a nominee,
family member, carer, independent advocate or significant
other of that person.
(2) The disclosure of the information by the discloser qualifies for
protection under this Division if:
(a) the disclosure is made to one of the following:
(i) the Commissioner;
(ii) the Agency;
(iii) if the NDIS provider is a body corporate—a member of
the key personnel of the body corporate;
(iv) if the NDIS provider is an unincorporated association—
a member of the key personnel of the association;
(v) if the NDIS provider is a partnership—a partner; and

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Section 73ZB

(b) the discloser informs the person to whom the disclosure is

made of the discloser’s name before making the disclosure;
and
(c) the discloser has reasonable grounds to suspect that the
information indicates that an NDIS provider has, or may
have, contravened a provision of this Act; and
(d) the discloser makes the disclosure in good faith.
(3) In this section, officer has the same meaning as it has in the
Corporations Act 2001.

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 contractual or other remedy may be enforced, and no
contractual or other right may be exercised, against the
person on the basis of the disclosure.
Note: This subsection does not provide that the person is not subject to any
civil or criminal liability for conduct of the person that is revealed by
the disclosure.

(2) Without limiting subsection (1):

(a) the person has qualified privilege (see subsection (3)) in
respect of the disclosure; and
(b) a contract to which the person is a party may not be
terminated on the basis that the disclosure constitutes a
breach of the contract.
(3) For the purpose of paragraph (2)(a), qualified privilege, in respect
of the disclosure, means that the person:
(a) has qualified privilege in proceedings for defamation; and
(b) is not, in the absence of malice on the person’s part, liable to
an action for defamation at the suit of a person;
in respect of the disclosure.

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Section 73ZC

(4) For the purpose of paragraph (3)(b), malice includes ill will to the
person concerned or any other improper motive.
(5) This section does not limit or affect any right, privilege or
immunity that a person has, apart from this section, as a defendant
in proceedings, or an action, for defamation.

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 detriment to another
person (the second person); and
(c) the first person intends that his or her conduct cause
detriment to the second person; and
(d) the first person engages in his or her conduct because the
second person or a third person made a disclosure that
qualifies for protection under this Division.
Civil penalty: 500 penalty units.

Threatening to cause detriment to another person

(2) A person (the first person) contravenes this subsection if:
(a) the first person makes to another person (the second person)
a threat to cause any detriment to the second person or to a
third person; and
(b) the first person:
(i) intends the second person to fear that the threat will be
carried out; or
(ii) is reckless as to causing the second person to fear that
the threat will be carried out; and
(c) the first person makes the threat because a person:
(i) makes a disclosure that qualifies for protection under
this Part; or

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Section 73ZD

(ii) may make a disclosure that would qualify for protection

under this Division.
Civil penalty: 500 penalty units.

Threats
(3) For the purpose of subsection (2), a threat may be:
(a) express or implied; or
(b) conditional or unconditional.
(4) In proceedings for a civil penalty order against a person for a
contravention of subsection (2), it is not necessary to prove that the
person threatened actually feared that the threat would be carried
out.

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 the damage.

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Section 73ZE

Division 8—Compliance and enforcement

73ZE Monitoring powers

Provisions subject to monitoring

(1) This Part is subject to monitoring under Part 2 of the Regulatory
Powers Act.
Note: Part 2 of the Regulatory Powers Act creates a framework for
monitoring whether the provisions of this Part have been complied
with. It includes powers of entry and inspection.

Information subject to monitoring

(2) Information given in compliance or purported compliance with a
provision of this Part is subject to monitoring under Part 2 of the
Regulatory Powers Act.
Note: Part 2 of the Regulatory Powers Act creates a framework for
monitoring whether the information is correct. It includes powers of
entry and inspection.

Authorised applicant, authorised person, issuing officer, relevant

chief executive and relevant court
(3) For the purposes of Part 2 of the Regulatory Powers Act as it
applies in relation to this Part:
(a) an inspector is an authorised applicant; and
(b) an inspector is an authorised person; and
(c) a magistrate is an issuing officer; and
(d) the Commissioner is the relevant chief executive; and
(e) each of the following is a relevant court:
(i) the Federal Court;
(ii) the Federal Circuit and Family Court of Australia
(Division 2);
(iii) a court of a State or Territory that has jurisdiction in
relation to matters arising under this Act.

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Section 73ZF

Person assisting
(4) An authorised person may be assisted by other persons in
exercising powers or performing functions or duties under Part 2 of
the Regulatory Powers Act in relation to this Part.

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 in this Part; or
(b) an offence against the Crimes Act 1914 or the Criminal Code
that relates to this Part.
Note: Part 3 of the Regulatory Powers Act creates a framework for
investigating whether a provision has been contravened. It includes
powers of entry, search and seizure.

Authorised applicant, authorised person, issuing officer, relevant

chief executive and relevant court
(2) For the purposes of Part 3 of the Regulatory Powers Act, as it
applies in relation to evidential material that relates to a provision
mentioned in subsection (1):
(a) an investigator is an authorised applicant; and
(b) an investigator is an authorised person; and
(c) a magistrate is an issuing officer; and
(d) the Commissioner is the relevant chief executive; and
(e) each of the following is a relevant court:
(i) the Federal Court;
(ii) the Federal Circuit and Family Court of Australia
(Division 2);
(iii) a court of a State or Territory that has jurisdiction in
relation to matters arising under this Act.

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Section 73ZG

Person assisting
(3) An authorised person may be assisted by other persons in
exercising powers or performing functions or duties under Part 3 of
the Regulatory Powers Act in relation to evidential material that
relates to a provision mentioned in subsection (1).

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 purposes of
this Act.

Equipment may be brought to premises

(2) The authorised person or a person assisting may bring to the
premises any equipment reasonably necessary for the examination
or processing of a thing found at the premises in order to determine
whether the thing may be seized.

Thing may be moved for examination or processing

(3) A thing found at the premises may be moved to another place for
examination or processing in order to determine whether the thing
may be seized if:
(a) both of the following apply:
(i) it is significantly more practicable to do so having
regard to the timeliness and cost of examining or
processing the thing at another place and the availability
of expert assistance;
(ii) the authorised person or a person assisting suspects on
reasonable grounds that the thing contains or constitutes
evidential material; or
(b) the occupier of the premises consents in writing.

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Section 73ZG

Notification of examination or processing and right to be present

(4) If the thing is moved to another place for the purpose of
examination or processing under subsection (3), the authorised
person must, if it is practicable to do so:
(a) inform the occupier of the premises of the address of the
place and the time at which the examination or processing
will be carried out; and
(b) allow the occupier or his or her representative to be present
during the examination or processing.
(5) The authorised person need not comply with paragraph (4)(a) or
(b) if he or she believes on reasonable grounds that to do so might:
(a) endanger the safety of a person; or
(b) prejudice an investigation or prosecution.

Time limit on moving the thing

(6) The thing may be moved to another place for examination or
processing for no longer than 14 days.
(7) An authorised person may apply to an issuing officer for one or
more extensions of that time if the authorised person believes on
reasonable grounds that the thing cannot be examined or processed
within 14 days or that time as previously extended.
(8) The authorised person must give notice of the application to the
occupier of the premises, and that person is entitled to be heard in
relation to the application.
(9) A single extension cannot exceed 7 days.

Equipment at premises may be operated

(10) An authorised person or a person assisting may operate equipment
already at the premises to carry out the examination or processing
of a thing found at the premises in order to determine whether it is
a thing that may be seized if the authorised person or person
assisting believes on reasonable grounds that:

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Section 73ZH

(a) the equipment is suitable for the examination or processing;

and
(b) the examination or processing can be carried out without
damage to the equipment or the thing.

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 equipment is moved from the premises to another
place under subsection 73ZG(3), the authorised person or a person
assisting may operate the equipment to access data (including data
held at another place).
(3) If the authorised person or the person assisting suspects on
reasonable grounds that any data accessed by operating the
electronic equipment constitutes evidential material, he or she may
copy any or all of the data accessed by operating the electronic
equipment to a disk, tape or other associated device.
(4) If the Commissioner is satisfied that the data is not required (or is
no longer required) for the purposes of this Act or for other judicial
or administrative review proceedings, the Commissioner must
arrange for:
(a) the removal of the data from any device in the control of the
Commission; and
(b) the destruction of any other reproduction of the data in the
control of the Commission.
(5) If the authorised person or the person assisting, after operating the
equipment, finds that evidential material is accessible by doing so,
he or she may:
(a) seize the equipment and any disk, tape or other associated
device; or
(b) if the material can be put in documentary form—put the
material in that form and seize the documents so produced.

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Section 73ZI

(6) An authorised person or a person assisting may seize equipment

under paragraph (5)(a) only if:
(a) it is not practicable to copy the data as mentioned in
subsection (3) or to put the material in documentary form as
mentioned in paragraph (5)(b); or
(b) possession of the equipment by the occupier of the premises
could constitute an offence.

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 person may apply to an issuing officer referred to in
paragraph 73ZF(2)(c) for an order requiring a specified person to
provide any information or assistance that is reasonable and
necessary to allow an authorised person or person assisting to do
one or more of the following:
(a) access data held in, or accessible from, a computer or data
storage device that:
(i) is on the premises; or
(ii) has been moved under subsection 73ZG(3) and is at a
place for examination or processing; or
(iii) has been seized under this Act or under the Regulatory
Powers Act as it applies in relation to this Act;
(b) copy data held in, or accessible from, a computer, or data
storage device, described in paragraph (a) to another data
storage device;
(c) convert into documentary form or another form intelligible to
an authorised person or person assisting:
(i) data held in, or accessible from, a computer, or data
storage device, described in paragraph (a); or
(ii) data held in a data storage device to which the data was
copied as described in paragraph (b); or

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Section 73ZI

(iii) data held in a data storage device removed from

premises under the Regulatory Powers Act as it applies
in relation to this Act.
(3) The issuing officer may grant the order if the issuing officer is
satisfied that:
(a) there are reasonable grounds for suspecting that evidential
material is held in, or is accessible from, the computer or data
storage device; and
(b) the specified person is:
(i) reasonably suspected of having committed the offence
or contravened the civil penalty provision stated in the
relevant warrant; or
(ii) the owner or lessee of the computer or device; or
(iii) an employee of the owner or lessee of the computer or
device; or
(iv) a person engaged under a contract for services by the
owner or lessee of the computer or device; or
(v) a person who uses or has used the computer or device;
or
(vi) a person who is or was a system administrator for the
system including the computer or device; and
(c) the specified person has relevant knowledge of:
(i) the computer or device or a computer network of which
the computer or device forms or formed a part; or
(ii) measures applied to protect data held in, or accessible
from, the computer or device.
(4) If:
(a) the computer or data storage device that is the subject of the
order is seized under this Act or under the Regulatory Powers
Act as it applies in relation to this Act; and
(b) the order was granted on the basis of an application made
before the seizure;
the order does not have effect on or after the seizure.

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Section 73ZJ

Note: An application for another order under this section relating to the
computer or data storage device may be made after the seizure.

(5) If the computer or data storage device is not on the premises, the
order must:
(a) specify the period within which the person must provide the
information or assistance; and
(b) specify the place at which the person must provide the
information or assistance; and
(c) specify the conditions (if any) determined by the issuing
officer as the conditions to which the requirement on the
person to provide the information or assistance is subject.
(6) A person commits an offence if the person fails to comply with the
order.
Penalty: Imprisonment for 2 years.

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 equipment is damaged; or
(iii) programs associated with the use of the equipment, or
with the use of the data, are damaged or corrupted; and
(b) the damage or corruption occurs because:
(i) insufficient care was exercised in selecting the person
who was to operate the equipment; or
(ii) insufficient care was exercised by the person operating
the equipment.
(2) The Commonwealth must pay the owner of the equipment, or the
user of the data or programs, such reasonable compensation for the
damage or corruption as the Commonwealth and the owner or user
agree on.

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Section 73ZK

(3) However, if the owner or user and the Commonwealth fail to

agree, the owner or user may institute proceedings in:
(a) the Federal Court of Australia; or
(b) the Federal Circuit and Family Court of Australia
(Division 2); or
(c) a court of a State or Territory that has jurisdiction in relation
to the matter;
for such reasonable amount of compensation as the court
determines.
(4) In determining the amount of compensation payable, regard is to
be had to whether the occupier of the premises, or the occupier’s
employees or agents, if they were available at the time, provided
any appropriate warning or guidance on the operation of the
equipment.

73ZK Civil penalty provisions

Enforceable civil penalty provisions
(1) Each civil penalty provision of this Part is enforceable under Part 4
of the Regulatory Powers Act.
Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to
be enforced by obtaining an order for a person to pay a pecuniary
penalty for the contravention of the provision.

Authorised applicant
(2) For the purposes of Part 4 of the Regulatory Powers Act, the
Commissioner is an authorised applicant in relation to the civil
penalty provisions of this Part.

Relevant court
(3) For the purposes of Part 4 of the Regulatory Powers Act, each of
the following courts is a relevant court in relation to the civil
penalty provisions of this Part:
(a) the Federal Court;

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Section 73ZL

(b) the Federal Circuit and Family Court of Australia

(Division 2);
(c) a court of a State or Territory that has jurisdiction in relation
to matters arising under this Act.

Liability of Crown
(4) To avoid doubt, subsection 205(2) does not prevent the Crown
from being liable to pay a pecuniary penalty under a civil penalty
order under Part 4 of the Regulatory Powers Act, as that Part
applies in relation to the civil penalty provisions of this Act.

73ZL Infringement notices

Provisions subject to an infringement notice

(1) A civil penalty provision of this Part is subject to an infringement
notice under Part 5 of the Regulatory Powers Act.
Note: Part 5 of the Regulatory Powers Act creates a framework for using
infringement notices in relation to provisions.

Infringement officer
(2) For the purposes of Part 5 of the Regulatory Powers Act, the
Commissioner is an infringement officer in relation to the
provisions mentioned in subsection (1).

Relevant chief executive

(3) For the purposes of Part 5 of the Regulatory Powers Act, the
Commissioner is the relevant chief executive in relation to the
provisions mentioned in subsection (1).

Liability of Crown
(4) To avoid doubt, subsection 205(2) does not prevent the Crown
from being liable to be given an infringement notice under Part 5
of the Regulatory Powers Act, as that Part applies in relation to this
Act.

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Section 73ZM

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 information that suggests that an NDIS provider
may not be complying with this Act.
(2) The compliance notice must:
(a) set out the name of the provider to which the notice is given;
and
(b) set out brief details of the non-compliance or possible
non-compliance; and
(c) specify action that the provider must take, or refrain from
taking, in order to address the non-compliance or possible
non-compliance; and
(d) specify a reasonable period within which the provider must
take, or refrain from taking, the specified action; and
(e) if the Commissioner considers it appropriate—specify a
reasonable period within which the provider must provide the
Commissioner with evidence that the provider has taken, or
refrained from taking, the specified action; and
(f) state that a failure to comply with the notice is subject to a
civil penalty; and
(g) if the provider is a registered NDIS provider—state that a
failure to comply with the notice may lead to the provider’s
registration being suspended or revoked; and
(h) set out any other matters specified in the National Disability
Insurance Scheme rules for the purposes of this paragraph.
(3) An NDIS provider contravenes this subsection if the provider fails
to comply with a compliance notice.
Civil penalty: 60 penalty units.

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Section 73ZN

(4) The Commissioner may, by written notice given to an NDIS

provider, vary or revoke a compliance notice if the Commissioner
considers that it is appropriate in all the circumstances to do so.
(5) In deciding whether to vary or revoke a compliance notice, the
Commissioner must consider any submissions that are received
from the provider before the end of the period mentioned in
paragraph (2)(d).

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 an NDIS provider, if:
(a) the Commissioner has revoked the registration of the person
as a registered NDIS provider; or
(b) the Commissioner reasonably believes that:
(i) the person has contravened, is contravening, or is likely
to contravene this Act; or
(ii) the person has been involved in, or is likely to become
involved in, a contravention of this Act by another
person; or
(iii) the person is not suitable to provide supports or services
to people with disability, having regard to any matters
prescribed by the National Disability Insurance Scheme
rules for the purposes of this subparagraph; or
(iv) in the case of an NDIS provider—there is an immediate
danger to the health, safety or wellbeing of a person
with disability if the person continues to be an NDIS
provider; or
(c) the person is convicted of an offence involving fraud or
dishonesty; or
(d) the person becomes an insolvent under administration.

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Section 73ZN

Note: A person who is subject to a banning order cannot be registered as an

NDIS provider in a way that is inconsistent with the order (see
subsection 73E(3)).

Banning orders—persons employed or otherwise engaged by NDIS

providers or key personnel of NDIS providers
(2) The Commissioner may, by written notice, make an order (a
banning order) prohibiting or restricting a person who is or was
employed or otherwise engaged by an NDIS provider, or a person
who is or was a member of the key personnel of an NDIS provider,
from engaging in specified activities if:
(a) the Commissioner reasonably believes that:
(i) the person has contravened, is contravening, or is likely
to contravene this Act; or
(ii) the person has been involved in, or is likely to become
involved in, a contravention of this Act by another
person; or
(iii) the person is not suitable to be involved in the provision
of supports or services to people with disability, having
regard to any matters prescribed by the National
Disability Insurance Scheme rules for the purposes of
this subparagraph; or
(iv) there is an immediate danger to the health, safety or
wellbeing of a person with disability if the person
continues to engage in the specified activities; or
(b) the person is convicted of an offence involving fraud or
dishonesty; or
(c) the person becomes an insolvent under administration.

Banning orders—persons not suitable to be involved in provision

of supports or services to people with disability
(2A) The Commissioner may, by written notice, make an order (a
banning order) prohibiting or restricting a person from being
involved in the provision of specified supports or specified services
to people with disability if:

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Section 73ZN

(a) the Commissioner reasonably believes that the person is not

suitable to be so involved, having regard to any matters
prescribed by the National Disability Insurance Scheme rules
for the purposes of this paragraph; and
(b) the person has not previously been an NDIS provider; and
(c) the person has not previously been employed or otherwise
engaged by an NDIS provider; and
(d) the person has not previously been a member of the key
personnel of an NDIS provider.

Application of banning orders

(3) A banning order may:
(a) apply generally or may be of limited application; and
(b) be permanent or for a specified period; and
(c) be made subject to specified conditions.
(4) However, a banning order cannot prohibit or restrict activities that
a registered NDIS provider is registered to provide under 73E.
(5) A banning order takes effect from the day specified in the order.
(5A) If a banning order under subsection (2) is made against a person
who is employed or otherwise engaged by an NDIS provider, the
continuity of the order is not affected by the employment or
engagement ceasing.
(5B) If a banning order under subsection (2) is made against a person
who is a member of the key personnel of an NDIS provider, the
continuity of the order is not affected by the person ceasing to be
such a member.
(6) A banning order is not a legislative instrument.

Process
(7) The Commissioner may only make a banning order against a
person after giving the person an opportunity to make submissions
to the Commissioner on the matter.

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Section 73ZN

(8) However, subsection (7) does not apply if the Commissioner’s

grounds for making the banning order are, or include, the
following:
(a) that there is an immediate danger to the health, safety or
wellbeing of a person with disability;
(b) that the Commissioner has revoked the registration of the
person as a registered NDIS provider.
(9) The Commissioner must:
(a) give the banning order to the person against whom the order
is made; and
(b) include in the banning order a statement of reasons for the
order; and
(c) if the banning order is against a person who is employed or
otherwise engaged by an NDIS provider or is a member of
the key personnel of an NDIS provider—notify the NDIS
provider of the order as soon as possible; and
(d) if the banning order is against a person who is employed or
otherwise engaged by an approved quality auditor or is a
member of the key personnel of an approved quality
auditor—notify the approved quality auditor of the order as
soon as possible.

Civil penalty
(10) A person contravenes this subsection if:
(a) the person engages in conduct; and
(b) the conduct breaches a banning order (including a condition
of the order) that has been made against the person.
Civil Penalty: 1,000 penalty units.

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Section 73ZO

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 satisfied that it is appropriate to do so.
(2) The Commissioner may do so:
(a) on his or her own initiative; or
(b) on application by the person against whom the order was
made.
(2A) Without limiting subsection (1), a variation of a banning order may
involve imposing new conditions on the order or varying or
removing existing conditions.

Process
(3) An application under paragraph (2)(b) must:
(a) be in writing; and
(b) be in a form (if any) approved in writing by the
Commissioner; and
(c) include any information, and be accompanied by any
documents, required by the Commissioner.
(4) If the Commissioner varies a banning order made against a person,
the Commissioner must, on request by the person, give the person
a statement of reasons for the variation.
(5) If the Commissioner proposes not to vary or revoke a banning
order in accordance with an application lodged by a person under
paragraph (2)(b), the Commissioner must give the person an
opportunity to make submissions to the Commissioner on the
matter.
(6) The Commissioner must:
(a) include in the written notice a statement of reasons for the
variation or revocation of the order; and

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Section 73ZP

(b) if the variation or revocation relates to a person who is

employed or otherwise engaged by an NDIS provider or is a
member of the key personnel of an NDIS provider—notify
the NDIS provider of the variation or revocation as soon as
possible.

Application of variation or revocation of banning order

(7) A variation or revocation of an order takes effect from the day
specified in the order.
(8) A variation or revocation of an order is not a legislative instrument.

73ZP Enforceable undertakings

Enforceable provisions
(1) The provisions of this Part are enforceable under Part 6 of the
Regulatory Powers Act.
Note: Part 6 of the Regulatory Powers Act creates a framework for
accepting and enforcing undertakings relating to compliance with
provisions.

Authorised person
(2) For the purposes of Part 6 of the Regulatory Powers Act, the
Commissioner is an authorised person in relation to the provisions
mentioned in subsection (1).

Relevant court
(3) For the purposes of Part 6 of the Regulatory Powers Act, each of
the following courts is a relevant court in relation to the provisions
of this Act:
(a) the Federal Court;
(b) the Federal Circuit and Family Court of Australia
(Division 2);
(c) a court of a State or Territory that has jurisdiction in relation
to matters arising under this Act.

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Section 73ZQ

Other undertakings
(4) An authorised person may accept any of the following
undertakings:
(a) a written undertaking given by a person that the person will,
in order to provide compensation for loss or damage suffered
as a result of a contravention or alleged contravention by the
person of a provision mentioned in subsection (1), pay
another person an amount worked out in accordance with the
undertaking;
(b) a written undertaking given by a person in connection with a
matter relating to a contravention or alleged contravention by
the person of a provision mentioned in subsection (1).
(5) An undertaking under subsection (4) must be expressed to be an
undertaking under that subsection.
(6) The power in subsection (4) is in addition to the power of an
authorised person under subsection 114(1) of the Regulatory
Powers Act.
(7) Part 6 of the Regulatory Powers Act, other than subsection 114(1),
applies to an undertaking accepted under subsection (4) of this
section as if it were an undertaking accepted under
subsection 114(1) of the Regulatory Powers Act.

73ZQ Injunctions

Enforceable provisions
(1) The provisions of this Part are enforceable under Part 7 of the
Regulatory Powers Act.
Note: Part 7 of the Regulatory Powers Act creates a framework for using
injunctions to enforce provisions.

Authorised person
(2) For the purposes of Part 7 of the Regulatory Powers Act, the
Commissioner is an authorised person.

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Section 73ZR

Relevant court
(3) For the purposes of Part 7 of the Regulatory Powers Act, each of
the following courts is a relevant court in relation to the provisions
of this Act:
(a) the Federal Court;
(b) the Federal Circuit and Family Court of Australia
(Division 2);
(c) a court of a State or Territory that has jurisdiction in relation
to matters arising under this Act.

Consent injunctions
(4) A relevant court may grant an injunction under Part 7 of the
Regulatory Powers Act in relation to a provision mentioned in
subsection (1) by consent of all the parties to proceedings brought
under that Part, whether or not the court is satisfied that
section 121 of that Act applies.

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 Commission under
section 181U;
(b) a person assisting the Commissioner under section 181W;
(c) a person performing services for the Commonwealth under a
contract with the Commonwealth.
(2) The Commissioner must not appoint a person mentioned in
subsection (1) unless the Commissioner is satisfied that:
(a) the person has suitable training or experience to properly
exercise the powers for which the person will be authorised
to use; and
(b) the person is otherwise an appropriate person to be appointed
as an inspector, investigator or both (as the case requires).

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(3) A person appointed under this section must, in exercising powers

as such, comply with any directions of the Commissioner.
(4) If a direction is given under subsection (3) in writing, the direction
is not a legislative instrument.

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Section 73ZS

Division 9—NDIS Provider Register

73ZS 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 in any form that the
Commissioner considers appropriate.

Banning orders
(2A) The NDIS Provider Register must include each of the following in
relation to a person against whom a banning order is in force:
(a) the name of the person;
(b) the person’s ABN (if any);
(c) information about the banning order;
(d) any other matter prescribed by the National Disability
Insurance Scheme rules for the purposes of this paragraph.
(2B) The NDIS Provider Register may include each of the following in
relation to a person against whom a banning order was in force:
(a) the name of the person;
(b) the person’s ABN (if any);
(c) information about the banning order;
(d) any other matter prescribed by the National Disability
Insurance Scheme rules for the purposes of this paragraph.

Registered NDIS providers

(3) The NDIS Provider Register must include each of the following for
each person who is a registered NDIS provider:
(a) the name of the person;
(b) the person’s ABN (if any);

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Section 73ZS

(c) the period for which the registration of the person is in force;
(d) the address of the principal place of business of the person;
(e) the classes of supports or services the person is registered to
provide;
(f) if the registration is in respect of a class of persons—the
class;
(g) any conditions to which the registration of the person is
subject under section 73G;
(h) if the registration of the person is suspended—information
about the suspension;
(j) if the person is, or was, subject to a compliance notice—
information about the compliance notice;
(k) if the person has given an enforceable undertaking under
section 73ZP—information about the undertaking;
(l) any other matter prescribed by the National Disability
Insurance Scheme rules for the purposes of this paragraph.

NDIS providers (other than registered NDIS providers)

(4) The NDIS Provider Register may include any of the following in
relation to an NDIS provider (other than a registered NDIS
provider):
(a) the name of the person;
(b) the person’s ABN (if any);
(c) the address of the principal place of business of the person;
(d) the classes of supports or services the person provides;
(f) if the person is, or was, subject to a compliance notice—
information about the compliance notice;
(g) if the person has given an enforceable undertaking under
section 73ZP—information about the undertaking;
(h) any other matter prescribed by the National Disability
Insurance Scheme rules for the purposes of this paragraph.

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Former NDIS providers

(5) The NDIS Provider Register may include any of the following in
relation to a person who was an NDIS provider:
(a) the name of the person;
(b) the person’s ABN (if any);
(c) the address of the person;
(e) if the person was a registered NDIS provider and the person’s
registration was revoked—information about the revocation;
(f) any other matter prescribed by the National Disability
Insurance Scheme rules for the purposes of this paragraph.

Other information
(6) The Commissioner may include other information on the NDIS
Provider Register if the Commissioner is satisfied that it is relevant
to the provision of supports or services to people with disability.

Rules
(7) The National Disability Insurance Scheme rules may make
provision for and in relation to the following:
(a) the correction of entries in the NDIS Provider Register;
(b) the publication of the NDIS Provider Register in whole or
part, or of specified information entered on the NDIS
Provider Register;
(c) any other matter relating to the administration or operation of
the NDIS Provider Register.

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Section 74

Part 4—Children

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
responsibility for the child; or
(b) if the CEO is satisfied that this is not appropriate—a person
determined in writing by the CEO.
(1A) If:
(a) a State or Territory Minister; or
(b) the head (however described) of a Department of State of a
State or Territory;
has parental responsibility for the child, the CEO must not make a
determination under paragraph (1)(b) in relation to the child unless
the Minister or the head of the Department, as the case may be, has
agreed in writing to the making of the determination.
(2) If a person mentioned in subsection (1) makes a plan management
request for a participant who is a child, the person may request:
(a) that the person manage the plan wholly or to the extent
specified in the request; or
(b) that the plan be managed wholly, or to the extent specified in
the request, by a registered plan management provider
nominated by the person to manage the plan; or
(c) that the plan be managed wholly, or to the extent specified in
the request, by the Agency or a person specified by the
Agency.
(3) The statement of participant supports in the plan must give effect
to the plan management request, except as mentioned in
subsections (3A) to (5).
(3A) If the plan is a new framework plan:

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(a) the CEO may, if satisfied that a circumstance mentioned in

subsection (3C) exists, decide that:
(i) a person mentioned in subsection (3B) is to manage a
particular proportion of flexible funding provided under
the plan; or
(ii) a person mentioned in subsection (3B) is to manage
funding provided under the plan for a particular stated
support or class of stated supports; and
(b) the statement of participant supports in the plan must give
effect to the decision.
Note: The CEO may make more than one decision under subparagraph (a)(i)
or (ii) for a particular plan if there is more than one person mentioned
in subsection (3B) for whom such a decision can be made.

(3B) For the purposes of subparagraphs (3A)(a)(i) and (ii), the persons
are as follows:
(a) the Agency;
(b) the person mentioned in subsection (1), if the person has
made a request covered by paragraph (2)(a);
(c) a registered plan management provider, if the person
mentioned in subsection (1) has made a request covered by
paragraph (2)(b) that nominates the provider.
(3C) For the purposes of paragraph (3A)(a), the circumstances are as
follows:
(a) the participant would be likely to suffer physical, mental or
financial harm were the CEO to not make the decision;
(b) section 46 (acquittal of NDIS amounts) has not been
complied with in relation to the plan or any of the
participant’s previous plans;
(c) a circumstance prescribed by the National Disability
Insurance Scheme rules for the purposes of this paragraph.
(3D) Paragraph (3A)(b) does not apply to funding to the extent that
subsection (4) or (4A) applies to the funding.

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Section 74

(4) The statement of participant supports in a participant’s plan must

not provide that the person referred to in paragraph (2)(a) is to
manage the funding for supports under the participant’s plan:
(a) to any extent, if the person is an insolvent under
administration; or
(b) to a particular extent, if the CEO is satisfied:
(i) that management of the plan to that extent would
present an unreasonable risk to the participant; or
(ii) that management of the plan to that extent would permit
the person to manage matters that are prescribed by the
National Disability Insurance Scheme rules as being
matters that must not be managed by the person; or
(iii) that section 46 (acquittal of NDIS amounts) would be
unlikely to be complied with if the person were to
manage the funding for supports under the plan to that
extent.
(4A) If:
(a) a person mentioned in subsection (1) has made a request
covered by paragraph (2)(b); and
(b) the CEO is satisfied that the management of the funding for
supports under the plan to a particular extent by the
registered plan management provider nominated by the
person would present an unreasonable risk to the participant;
the statement of participant supports in the participant’s plan must
not provide that the nominated provider is to manage the funding
for supports under the plan to that extent.
(5) Subsections (1) and (2) of this section do not have effect in relation
to a participant who is a child if:
(a) the CEO is satisfied that the child is capable of making
decisions for himself or herself; and
(b) the CEO is satisfied that it is appropriate in the circumstances
for those subsections not to apply to the child; and
(c) the CEO makes a determination that those subsections do not
apply to the child.

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Section 75

(6) The National Disability Insurance Scheme rules may make

provision for determining any matter for the purposes of this
section, including but not limited to:
(a) requirements with which the CEO must comply; and
(b) methods or criteria that the CEO is to apply; and
(c) matters that the CEO may, must or must not take into
account;
in making any decision under this section.
Note: For example, National Disability Insurance Scheme rules could be
made under this subsection that apply for the purposes of making a
decision under paragraph (5)(a) whether a child is capable of making
decisions for himself or herself.

(7) A determination made under paragraph (5)(c) is not a legislative

instrument.

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 an order made
under the Family Law Act 1975 or a law of a State or
Territory; or
(b) under a parenting order (within the meaning of the Family
Law Act 1975):
(i) the child is to live with the person; or
(ii) the child is to spend time with the person; or
(iii) the person is responsible for the child’s long-term or
day-to-day care, welfare and development.
(2) Despite subsection (1), if, under a law of the Commonwealth, a
State or a Territory, a person has guardianship of a child, that
person has parental responsibility for the child, unless the CEO
determines that one or more of the persons referred to in
subsection (1) instead have parental responsibility for the child.

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Section 76

(3) If subsection (1) would result in more than one person having
parental responsibility for a child, the CEO may determine that one
or more of those persons have parental responsibility for the child
for the purposes of this Act.
(3A) If:
(a) a State or Territory Minister; or
(b) the head (however described) of a Department of State of a
State or Territory;
has guardianship of the child, the CEO must not make a
determination under subsection (2) or (3) in relation to the child
unless the Minister or the head of the Department, as the case may
be, has agreed in writing to the making of the determination.
(4) The National Disability Insurance Scheme rules may prescribe
requirements with which the CEO must comply, criteria that the
CEO is to apply or matters to which the CEO is to have regard in
deciding whether to make a determination under subsection (2) or
(3).
(5) A determination under subsection (2) or (3) must be in writing.
(6) A determination under subsection (2) or (3) is not a legislative
instrument.

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 duty imposed by subsection (1) by
doing a thing if, when the thing is done, the person reasonably
believes that:
(a) he or she has ascertained the wishes of the child in relation to
the thing; and
(b) the doing of the thing is in the best interests of the child.

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(3) A person does not breach the duty imposed by subsection (1) by
refraining from doing a thing if, at the relevant time, the person
reasonably believes that:
(a) he or she has ascertained the wishes of the child in relation to
the thing; and
(b) not doing the thing is in the best interests of the child.
(4) The National Disability Insurance Scheme rules may prescribe
other duties of a person who may do a thing in relation to a child
because of section 74, including duties requiring the person:
(a) to support decision-making by the child personally; or
(b) to have regard to, and give appropriate weight to, the views
of the child.

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 CEO is satisfied that it is no longer appropriate for the
determination to remain in effect.
(2) The CEO must give the person a copy of the instrument.

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Part 5 Nominees
Division 1 Functions and responsibilities of nominees

Section 78

Part 5—Nominees
Division 1—Functions and responsibilities of nominees

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) the management of the funding for supports under the
participant’s plan;
may be done by the participant’s plan nominee, other than to the
extent specified in the instrument of appointment of the plan
nominee.
Note 1: For the appointment of plan nominees, see section 86.
Note 2: This subsection is subject to section 85 (which deals with the right of
the nominee to attend with a participant) and subsection (4) of this
section.

(2) Without limiting subsection (1), a request that may be made under
this Act by a participant may be made by the participant’s plan
nominee on behalf of the participant.
(3) An act done by a participant’s plan nominee because of this section
has effect, for the purposes of this Act (other than this Part), as if it
had been done by the participant.
(4) If, under this Act, the CEO gives a notice to a participant who has a
plan nominee, subsection (1) does not extend to an act that is
required by the notice to be done by the participant personally.
(5) If the participant’s plan nominee was appointed on the initiative of
the CEO, the plan nominee may only do an act in relation to:
(a) the preparation, variation, reassessment or replacement of the
participant’s plan; or

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(b) the management of the funding for supports under the

participant’s plan;
if the nominee considers that the participant is not capable of
doing, or being supported to do, the act.

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, variation, reassessment or replacement of the
participant’s plan; or
(b) the management of the funding for supports under the
participant’s plan.
Note 1: For the appointment of correspondence nominees, see section 87.
Note 2: This subsection is subject to section 85 (which deals with the right of
the nominee to attend with a participant) and subsection (4) of this
section.

(2) Without limiting subsection (1), a request that may be made under
this Act by a participant may be made by the participant’s
correspondence nominee on behalf of the participant.
(3) An act done by a participant’s correspondence nominee because of
this section has effect, for the purposes of this Act (other than this
Part), as if it had been done by the participant.
(4) If, under this Act, the CEO gives a notice to a participant who has a
correspondence nominee, subsection (1) does not extend to an act
that is required by the notice to be done by the participant
personally.

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.

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Section 81

(2) A nominee does not breach the duty imposed by subsection (1) by
doing an act if, when the act is done, the nominee reasonably
believes that:
(a) he or she has ascertained the wishes of the participant in
relation to the act; and
(b) the doing of the act promotes the personal and social
wellbeing of the participant.
(3) A nominee does not breach the duty imposed by subsection (1) by
refraining from doing an act if, at the relevant time, the nominee
reasonably believes that:
(a) he or she has ascertained the wishes of the participant in
relation to the act; and
(b) not doing the act promotes the personal and social wellbeing
of the participant.
(4) The National Disability Insurance Scheme rules may prescribe
other duties of a nominee, including duties requiring the nominee:
(a) to support decision-making by the participant personally; or
(b) to have regard to, and give appropriate weight to, the views
of the participant; or
(c) to inform the CEO and the participant if the nominee has,
acquires, or is likely to acquire, any interest, pecuniary or
otherwise, that conflicts or could conflict with the
performance of the nominee’s duties.

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 respect, be in the same form, and in the same
terms, as if it were being given to the participant; and
(b) may be given to the correspondence nominee personally, by
post or by any other means approved by the CEO.

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Section 82

(3) If:
(a) under subsection (1), the CEO gives a notice (the nominee
notice) to a participant’s correspondence nominee; and
(b) the CEO has already given, or afterwards gives, the
participant a notice that:
(i) is expressed to be given under the same provision of this
Act as the nominee notice; and
(ii) makes the same requirement of the participant as the
nominee notice;
section 82 ceases to have effect, or does not come into effect, as
the case requires, in relation to the nominee notice.

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
taken:
(i) to have been given to the participant; and
(ii) to have been so given on the day the notice was given to
the correspondence nominee;
(b) any requirement made of the participant to:
(i) inform the CEO of a matter; or
(ii) give information, or produce a document, to an Agency
officer;
may be satisfied by the correspondence nominee;
(c) any act done by the correspondence nominee for the purposes
of satisfying such a requirement has effect, for the purposes
of this Act, as if it had been done by the participant;
(d) if the correspondence nominee fails to satisfy such a
requirement, the participant is taken, for the purposes of this
Act, to have failed to comply with the requirement.
(2) To avoid doubt, for the purposes of this Act, the participant is
taken to have complied with a requirement if:

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Section 83

(a) the requirement imposes an obligation on the participant to

inform the CEO of a matter, or give information or produce a
document, within a specified period; and
(b) the correspondence nominee does so within that period.
(3) To avoid doubt, for the purposes of this Act, the participant is
taken not to have complied with a requirement if:
(a) the requirement imposes an obligation on the participant to
inform the CEO of a matter, or give information or produce a
document, within a specified period; and
(b) the correspondence nominee does not do so within that
period.

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 becomes aware that an event or change of
circumstances is likely to happen; and
(b) the event or change of circumstances is likely to affect:
(i) the ability of the nominee to act as the plan nominee or
correspondence nominee of the participant (as the case
may be); or
(ii) the ability of the CEO to give notices to the nominee
under this Act; or
(iii) the ability of the nominee to comply with notices given
to the nominee by the CEO under this Act.
(2) A notice under subsection (1) must specify:
(a) how the nominee is to inform the Agency; and
(b) the period within which the nominee is to inform the Agency,
which must be a period of at least 14 days beginning on
whichever of the following days is applicable:

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Section 84

(i) the day on which the event or change of circumstances

happens;
(ii) the day on which the nominee becomes aware that the
event or change of circumstances is likely to happen.
(3) A notice under subsection (1) is not ineffective only because it
does not comply with paragraph (2)(a).
(4) This section extends to:
(a) acts, omissions, matters and things outside Australia, whether
or not in a foreign country; and
(b) all persons, irrespective of their nationality or citizenship.

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 to
the nominee on behalf of the participant.
(2) A notice under subsection (1):
(a) must specify how the plan nominee is to give the statement to
the Agency; and
(b) must specify the period within which the plan nominee is to
give the statement to the Agency.
(3) A notice under subsection (1) is not ineffective only because it
does not comply with paragraph (2)(a).
(4) The period specified under paragraph (2)(b) must not end earlier
than 14 days after the day the notice is given.
(5) A statement given in response to a notice under subsection (1)
must be in accordance with a form approved by the CEO.
(6) A person commits an offence if:
(a) the person is a plan nominee; and
(b) the person refuses or fails to comply with a notice under
subsection (1).

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Division 1 Functions and responsibilities of nominees

Section 85

Penalty: 30 penalty units.

(7) Subsection (6) does not apply if the person has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to the matter in this
subsection (see subsection 13.3(3) of the Criminal Code).

(7A) It is a reasonable excuse for an individual to refuse or fail to

comply with a notice under subsection (1) on the ground that to do
so might tend to incriminate the individual or expose the individual
to a penalty.
(8) An offence against subsection (6) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

(9) This section extends to:

(a) acts, omissions, matters and things outside Australia, whether
or not in a foreign country; and
(b) all persons, irrespective of their nationality or citizenship.

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 participant while the assessment
or examination is being conducted:
(c) if the participant so wishes; and
(d) to the extent that the person conducting the assessment or
examination consents.
(2) If a participant’s nominee is a body corporate, the last reference in
subsection (1) to the nominee is to be read as a reference to an
officer or employee of the nominee.

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Appointment and cancellation or suspension of appointment Division 2

Section 86

Division 2—Appointment and cancellation or suspension of

appointment

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 appointment may be made:

(a) at the request of the participant; or
(b) on the initiative of the CEO.
(3) An appointment may limit the matters in relation to which the
person is the plan nominee of the participant.
(4) An appointment may provide that it has effect for a specified term.
(5) Without limiting the manner of specifying a term for the purposes
of subsection (4), it may be specified by reference to the expiry of
a specified period or the occurrence of a specified event.
(6) To avoid doubt, the CEO may appoint more than one person to be
a plan nominee of a participant for the purposes of this Act.

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.

(2) An appointment may be made:

(a) at the request of the participant; or
(b) on the initiative of the CEO.
(3) An appointment may provide that it has effect for a specified term.

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Section 88

(4) Without limiting the manner of specifying a term for the purposes
of subsection (3), it may be specified by reference to the expiry of
a specified period or the occurrence of a specified event.

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 except:
(a) with the written consent of the person to be appointed; and
(b) after taking into consideration the wishes (if any) of the
participant regarding the making of the appointment.
(3) In appointing a person as a nominee of a participant under
section 86 or 87, the CEO must consider whether the person is able
to comply with section 80.
(4) In appointing a nominee of a participant under section 86 or 87, the
CEO must have regard to whether there is a person who, under a
law of the Commonwealth, a State or a Territory:
(a) has guardianship of the participant; or
(b) is a person appointed by a court, tribunal, board or panel
(however described) who has power to make decisions for
the participant and whose responsibilities in relation to the
participant are relevant to the duties of a nominee.
(5) The CEO must cause a copy of an appointment under section 86 or
87 to be given to:
(a) the nominee; and
(b) the participant.
(6) The National Disability Insurance Scheme rules may prescribe:
(a) persons who must not be appointed as nominees; and
(b) criteria the CEO is to apply or matters to which the CEO is to
have regard in considering the appointment of a nominee.

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Section 89

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 cancel the appointment;
the CEO must cancel the appointment by written instrument:
(c) within the period worked out in accordance with the National
Disability Insurance Scheme rules prescribed for the
purposes of this paragraph; or
(d) if there are no such rules—as soon as reasonably practicable.
(2) A request under paragraph (1)(b) need not be made in writing. If
the request is not made in writing, the CEO must make a written
record of the request.

Nominee no longer wishes to be a nominee

(3) If:
(a) a person is appointed as a nominee of a participant under
section 86 or 87; and
(b) the person informs the CEO in writing that the person no
longer wishes to be a nominee under that appointment;
the CEO must cancel the appointment by written instrument:
(c) within the period worked out in accordance with the National
Disability Insurance Scheme rules prescribed for the
purposes of this paragraph; or
(d) if there are no such rules—as soon as reasonably practicable.

Copy of instrument of cancellation to be given

(4) If the appointment of a person as a nominee of a participant is
cancelled under this section, the CEO must give the person and
participant a copy of the instrument of cancellation.

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Division 2 Appointment and cancellation or suspension of appointment

Section 90

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 the appointment;
the CEO may, by written instrument, cancel the appointment.
(2) A request under paragraph (1)(b) need not be made in writing. If
the request is not made in writing, the CEO must make a written
record of the request.
(3) If a request is made under paragraph (1)(b):
(a) the CEO must decide whether to cancel the appointment
within the following number of days after receiving the
request:
(i) 14 days, unless subparagraph (ii) applies;
(ii) if the National Disability Insurance Scheme rules
prescribe a number of days for the purposes of this
subparagraph—that number of days; and
(b) if the CEO decides not to cancel the appointment—the CEO
must give the person and participant written notice of the
CEO’s decision.

Nominee no longer has guardianship etc.

(3A) The CEO may, by written instrument, cancel the appointment of a
nominee of a participant if:
(a) at the time the appointment was made, the nominee was a
person who, under a law of the Commonwealth, a State or a
Territory:
(i) had guardianship of the participant; or
(ii) was appointed by a court, tribunal, board or panel
(however described) who had power to make decisions
for the participant and whose responsibilities in relation

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Appointment and cancellation or suspension of appointment Division 2

Section 90

to the participant were relevant to the duties of a

nominee; and
(b) the nominee no longer has guardianship of the participant or
no longer holds the appointment referred to in
subparagraph (a)(ii) (as the case requires).

Ability to act as a nominee affected

(4) The CEO may, by written instrument, suspend or cancel one or
more of a nominee’s appointments if:
(a) the CEO gives the nominee a notice under section 83; and
(b) in response to the notice, the nominee informs the Agency
that an event or change of circumstances has happened or is
likely to happen; and
(c) having regard to that response, the CEO is satisfied that it is
appropriate to do so.

Failure to comply with a notice under section 83 or 84

(5) The CEO may, by written instrument, suspend or cancel one or
more of a nominee’s appointments if:
(a) the CEO gives the nominee a notice under section 83 or 84;
and
(b) the nominee does not comply with a requirement specified in
the notice.

Copy of instrument of cancellation or suspension to be given

(6) If the appointment of a person as a nominee of a participant is
cancelled or suspended under this section, the CEO must give the
person and participant a copy of the instrument of cancellation or
suspension.

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Division 2 Appointment and cancellation or suspension of appointment

Section 91

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 caused, or is likely to cause,
physical, mental or financial harm to the participant.
(2) If the person’s appointment is suspended under subsection (1), the
CEO must:
(a) give the person and participant a copy of the instrument of
suspension; and
(b) by written notice given to the person, request the person to
give the CEO, within 28 days after the notice is given, a
statement setting out reasons why the person’s appointment
should not be cancelled by the CEO under this section.

Cancellation of appointment following suspension

(3) If the person gives the CEO the statement within the 28-day period,
the CEO may, by written instrument, cancel the person’s
appointment.
(4) The CEO must decide whether to cancel the person’s appointment
under subsection (3) as soon as practicable after receiving the
statement.
(5) If the CEO decides not to cancel the person’s appointment under
subsection (3):
(a) the suspension of the person’s appointment ends; and
(b) the CEO must give the person and participant written notice
of the CEO’s decision.
(6) If the person does not give the CEO the statement within the
28-day period, the CEO must, by written instrument, cancel the
person’s appointment as soon as practicable after that period ends.

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Appointment and cancellation or suspension of appointment Division 2

Section 92

Copy of instrument of cancellation to be given

(7) If the person’s appointment is cancelled under this section, the
CEO must give the person and participant a copy of the instrument
of cancellation.

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 appointment of the person as a nominee is cancelled
under section 89, 90 or 91;
those rules continue to apply in relation to the person as if the
appointment had not been cancelled.

Suspension of appointment
(2) While a person’s appointment as a nominee is suspended, the
appointment has no effect for the purposes of this Act.
(3) If a person’s appointment as a nominee of a participant is
suspended under section 90 or 91, the CEO may appoint another
person under section 86 or 87 to be the nominee of the participant
for a period specified in the instrument of appointment.

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 appointment of nominees; and

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Division 2 Appointment and cancellation or suspension of appointment

Section 94

(b) criteria the CEO is to apply or matters to which the CEO is to

have regard in appointing nominees or cancelling or
suspending the appointment of nominees.

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.

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Other matters relating to nominees Division 3

Section 95

Division 3—Other matters relating to nominees

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.

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
of the terms of the notice.
(2) If, under this Act (other than this Part):
(a) the CEO gives a notice to a participant who has a plan
nominee; and
(b) the notice relates to the preparation, management, variation
or reassessment of the participant’s plan;
the CEO must inform the plan nominee of the giving of the notice
and of the terms of the notice.

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.

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 in his or her
capacity as nominee.

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Division 3 Other matters relating to nominees

Section 98

(2) This section has effect subject to section 84 (which deals with a
statement by a plan nominee regarding the disposal of money).

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Section 99

Part 6—Review of decisions

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 Column 2 Column 3
Reviewable decision Provision under which the Decision-maker
reviewable decision is made
1 a decision that a person paragraph 20(1)(a), CEO
does not meet the subsection 21(3) or
access criteria paragraph 26(2)(c)
2 a decision not to paragraph 26(2)(b) CEO
specify a period
3 a decision to revoke a subsection 30(1) or (5), CEO
person’s status as a paragraph 30A(1)(c) or
participant subsection 30A(7)
3A a decision to vary, or subsection 32BA(5) CEO
not to vary, a notice
given under
subsection 32BA(1)
4 a decision to approve subsection 32D(2) or 33(2) CEO
the statement of
participant supports in
a participant’s plan
4A a decision to suspend subparagraph 36(3)(b)(i) CEO
the preparation of a
new framework plan
for a participant
5 a decision not to extend paragraph 40(2)(b) CEO
a grace period

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Section 99

Reviewable decisions and decision-makers

Item Column 1 Column 2 Column 3
Reviewable decision Provision under which the Decision-maker
reviewable decision is made
6 a decision to vary a subsection 47A(1) CEO
participant’s plan
6A a decision not to vary a paragraph 47A(4)(b) or CEO
participant’s plan subsection 47A(5)
6B a decision not to vary a subsection 47A(8) CEO
participant’s plan
6C a decision not to paragraph 48(3)(c) or CEO
conduct a reassessment subsection 48(4)
of a participant’s plan
9 a decision to refuse to section 73E Commissioner
register a person as a
registered NDIS
provider
10 a decision to impose section 73G Commissioner
conditions to which a
person’s registration as
a registered NDIS
provider is subject
11 a decision to vary, or section 73L Commissioner
refuse to vary, the
registration of a
registered NDIS
provider
12 a decision to suspend section 73N Commissioner
the registration of a
registered NDIS
provider
13 a decision to revoke, or section 73P Commissioner
not to revoke, the
registration of a person
as a registered NDIS
provider

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Section 99

Reviewable decisions and decision-makers

Item Column 1 Column 2 Column 3
Reviewable decision Provision under which the Decision-maker
reviewable decision is made
13A a decision to refuse to paragraph 73U(3)(b) Commissioner
approve a person or
body as an approved
quality auditor
13B a decision to specify subsection 73U(5) Commissioner
conditions in an
approval given under
subsection 73U(1)
13C a decision to vary an subsection 73U(6) Commissioner
approval given under
subsection 73U(1)
13D a decision to revoke an subsection 73U(8) Commissioner
approval given under
subsection 73U(1)
14 a decision to give a section 73ZM Commissioner
compliance notice to an
NDIS provider
14A a decision to vary or subsection 73ZM(4) Commissioner
revoke a compliance
notice
15 a decision to make a section 73ZN Commissioner
banning order
16 a decision to vary, or to section 73ZO Commissioner
refuse to vary or
revoke, a banning order
17 a decision to make, or paragraph 74(1)(b) CEO
not to make, a
determination in
relation to a person
18 a decision not to make paragraph 74(5)(c) CEO
a determination that
subsections 74(1) and

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Section 99

Reviewable decisions and decision-makers

Item Column 1 Column 2 Column 3
Reviewable decision Provision under which the Decision-maker
reviewable decision is made
(2) do not apply to a
child
19 a decision to make, or subsection 75(2) or (3) CEO
not to make, a
determination that a
person has parental
responsibility for a
child
20 a decision to appoint a section 86 CEO
plan nominee
21 a decision to appoint a section 87 CEO
correspondence
nominee
22 a decision to cancel or section 89, 90 or 91 CEO
suspend, or not to
cancel or suspend, the
appointment of a
nominee
23 a decision to give a section 104 CEO
notice to require a
person to take
reasonable action to
claim or obtain
compensation
24 a decision to refuse to subsection 104(5A) CEO
extend a period
25 a decision to take paragraph 105(4)(a) CEO
action to claim or
obtain compensation
26 a decision to take over paragraph 105(4)(b) CEO
the conduct of a claim
27 a decision to give a section 111 CEO
notice that the CEO

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Section 100

Reviewable decisions and decision-makers

Item Column 1 Column 2 Column 3
Reviewable decision Provision under which the Decision-maker
reviewable decision is made
proposes to recover an
amount
28 a decision not to treat section 116 CEO
the whole or part of a
compensation payment
as not having been
fixed by a judgment or
settlement
29 a decision not to write section 190 CEO
off a debt
30 a decision that the CEO section 192 CEO
is not required to waive
a debt
31 a decision not to waive section 193 CEO
a debt
32 a decision that the CEO subsection 194(3) or (4) CEO
is not required to waive
a debt
33 a decision not to waive section 195 CEO
a debt

(2) The National Disability Insurance Scheme rules may:

(a) provide that a decision made under a specified provision of
the rules is a reviewable decision; and
(b) specify the decision-maker in respect of the reviewable
decision.

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 decision.

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Section 100

(1A) The notice must include a statement:

(a) that:
(i) the person may request a review of the reviewable
decision in accordance with this section; or
(ii) if the decision-maker is taken to have made the
reviewable decision because of subsection 21(3),
47A(5) or 48(4)—the decision will be reviewed
automatically; and
(b) that the person may seek further review under section 103.
(2) A person who is directly affected by a reviewable decision may
request the decision-maker to review the reviewable decision. If
the person is given a notice under subsection (1) the person must
make the request within 3 months after receiving the notice.
(3) A request may be made by:
(a) sending or delivering a written request to the decision-maker;
or
(b) making an oral request, in person or by telephone or other
means, to the decision-maker.
(4) If a person makes an oral request in accordance with
paragraph (3)(b), the person receiving the oral request must:
(a) make a written record of the details of the request; and
(b) note on the record the day the request is made.
(5) If:
(a) the decision-maker receives a request for review of a
reviewable decision; or
(b) the decision-maker is taken to have made a reviewable
decision because of subsection 21(3), 47A(5) or 48(4);
the decision-maker (the reviewer) must review the reviewable
decision.
(5A) The decision-maker cannot review the reviewable decision
personally if the decision-maker was involved in making the
reviewable decision.

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Section 101

(5B) A delegate of the decision-maker cannot review the reviewable

decision if the delegate was involved in making the reviewable
decision.
(6) The reviewer must make a decision:
(a) confirming the reviewable decision; or
(b) varying the reviewable decision; or
(c) setting aside the reviewable decision and substituting a new
decision.
(6A) The reviewer must make the decision under subsection (6):
(a) within the period worked out in accordance with the National
Disability Insurance Scheme rules prescribed for the
purposes of this paragraph; or
(b) if there are no such rules—within the period of 90 days
beginning on:
(i) if paragraph (5)(a) applies—the day the request is
received; or
(ii) if paragraph (5)(b) applies—the day after the end of the
period applicable under paragraph 21(3)(a) or (b) or
subsection 47A(5) or 48(4) (as appropriate).
(7) A request for review of a reviewable decision, or a requirement to
review a reviewable decision that the decision-maker is taken to
have made, does not affect the operation of the decision or prevent
the taking of action to implement the decision.
(8) A failure of the decision-maker to comply with subsection (1) does
not affect the validity of the reviewable decision or the right of a
person directly affected to request review of the decision.

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;

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Section 102

the request for review is taken to be for review of the reviewable

decision as varied.
(2) If:
(a) a request is made for review of:
(i) a decision under subsection 32D(2) or 33(2) to approve
the statement of participant supports in a participant’s
plan; or
(ii) a decision under subsection 47A(1) to vary a
participant’s plan, where the variation is a change to the
statement of participant supports; and
(b) before a decision on the review is made:
(i) the CEO varies the plan under subsection 47A(1) and
the variation is a change to the statement of participant
supports; or
(ii) a new plan for the participant comes into effect under
section 37;
then:
(c) if subparagraph (b)(i) applies—the request is also taken to be
a request for review of the decision to make the variation
covered by that subparagraph; or
(d) if subparagraph (b)(ii) applies—the request is also taken to
be a request for review of the decision to approve the
statement of participant supports in the new plan.

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 request
orally, whether in person, by telephone or by other means.
(2) If a request is withdrawn in accordance with paragraph (1)(b), the
person receiving the oral withdrawal must make a written record of

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Section 103

the details of the withdrawal and note on the record the day the
withdrawal is made.

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, or on
behalf of, a person directly affected by the decision.
(1B) Sections 266 (decision-maker to give notice of decision and review
rights) and 268 (requesting reasons for reviewable decision from
decision-maker) of the Administrative Review Tribunal Act 2024
apply only in relation to a person directly affected by the decision.
(2) If:
(a) an application is made to the Administrative Review Tribunal
for review of a decision made by a reviewer under
subsection 100(6); and
(b) the decision relates to a statement of participant supports in a
participant’s plan; and
(c) before a decision on the review is made and despite
subsection 31(1) of the Administrative Review Tribunal Act
2024:
(i) the CEO varies the plan under subsection 47A(1) of this
Act and the variation is a change to that statement; or
(ii) a new plan for the participant comes into effect under
section 37 of this Act;
then:
(d) if subparagraph (c)(i) applies—the application is also taken
to be an application for review of the decision to make the
variation covered by that subparagraph; or
(e) if subparagraph (c)(ii) applies—the application is also taken
to be an application for review of the decision to approve the
statement of participant supports in the new plan.

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Part 1 Requirement to take action to obtain compensation

Section 104

Chapter 5—Compensation payments

Part 1—Requirement to take action to obtain
compensation

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 prospective participant:
(i) has taken no action to claim or obtain the compensation;
or
(ii) has taken no reasonable action to claim or obtain the
compensation.
(2) The CEO may, by written notice, require the participant or
prospective participant to take the action specified in the notice
within the period specified in the notice. The action must be action
that is reasonable to enable the person to claim or obtain the
compensation.
(3) In considering whether it is reasonable to require a participant or
prospective participant to take an action, the CEO must have
regard to the following:
(a) the disability of the participant or prospective participant;
(b) the circumstances which give rise to the entitlement or
possible entitlement to compensation;
(c) any impediments the participant or prospective participant
may face in recovering compensation;
(d) any reasons given by the participant or prospective
participant as to why he or she has not claimed or obtained
compensation;

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Section 105

(e) the financial circumstances of the participant or prospective

participant;
(f) the impact of the requirement to take the action on the
participant or prospective participant and his or her family or
carers.
(4) The CEO must not give a notice under subsection (2) requiring a
participant or prospective participant to take action to claim or
obtain compensation unless the CEO is satisfied that the participant
or prospective participant has reasonable prospects of success in
claiming or obtaining the compensation.
(5) The period specified by the CEO must be a period of at least 28
days after the day on which the notice is given.
(5A) The CEO may, on application by the participant or prospective
participant, extend the specified period.
(6) Even though a participant or a prospective participant has entered
into an agreement to give up his or her right to compensation, the
CEO may form the opinion that the participant or prospective
participant may be entitled to compensation if the CEO is satisfied
that the agreement is void, ineffective or unenforceable.

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 period
must take the required action within the period.
(2) If a participant does not take the required action within the period,
and the action is to enable the participant or prospective participant
to claim or obtain compensation under a scheme of compensation
under a Commonwealth, State or Territory law:
(a) if a plan is in effect for the participant—the plan is suspended
from the end of the specified period until the participant takes
the required action; or

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(b) if a plan is not yet in effect for the participant—the CEO

must still comply with section 32 in relation to commencing
the facilitation of the preparation of the participant’s plan, but
the plan does not come into effect until the participant takes
the required action.
(3) If a prospective participant does not take the required action within
the period, the CEO is not prevented from deciding whether or not
the prospective participant meets the access criteria and
commencing the facilitation of the preparation of the participant’s
plan, but the plan does not, despite section 37, come into effect
until the participant takes the required action.
(4) If a participant or prospective participant does not take the required
action within the period, and the action is to enable the person to
claim or obtain compensation otherwise than under a scheme of
compensation under a Commonwealth, State or Territory law, the
CEO may:
(a) take action to claim or obtain compensation in the name of
the participant or prospective participant; or
(b) take over the conduct of any existing claim.
(5) Before taking action to claim or obtain compensation, or taking
over the conduct of an existing claim, the CEO must have regard to
the following:
(a) the disability of the participant or prospective participant;
(b) the circumstances which give rise to the entitlement or
possible entitlement to compensation;
(c) any impediments the CEO may face if the CEO takes the
action or takes over the conduct of the claim;
(d) any reasons given by the participant or prospective
participant as to why he or she has not claimed or obtained
compensation (including in response to a notice under
subsection 104(2));
(e) the impact (including any financial impact), of the CEO
taking the action or taking over the conduct of the claim, on
the participant or prospective participant and his or her
family;

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Section 105A

(f) any other matter the CEO considers relevant, having regard
to the objects and principles set out in Part 2 of Chapter 1 of
this Act.
(6) The CEO must not take any action to claim or obtain
compensation, or take over the conduct of an existing claim,
unless:
(a) the CEO has notified the participant or prospective
participant, in writing, that the action is being considered;
and
(b) 28 days have passed since the notice was given.

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 otherwise
be payable by the person who originally made the claim, or the
person in whose name the claim was made, other than costs
unreasonably incurred by that person.
(2) The CEO may:
(a) take whatever steps are appropriate to bring the claim to a
conclusion; and
(b) if the claim is before a court—settle the proceedings either
with or without obtaining judgement; and
(c) if the claim is before a court and judgement has been
obtained in favour of the plaintiff—take such steps as are
necessary to enforce the judgement.
(3) The participant or prospective participant must sign any document
relevant to a claim made or taken over by the CEO under
section 105 (including the settlement of the claim or of any
proceedings arising out of the claim), being a document that CEO
requires the participant or prospective participant to sign.
(4) If the participant or prospective participant does not sign a
document in accordance with a requirement under subsection (3):

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Section 105B

(a) if the claim is not before a court or tribunal at the time of the
failure—the Federal Court of Australia may, on the
application of the CEO, direct that the document be signed
on behalf of the participant or prospective participant by a
person appointed by CEO; and
(b) otherwise—the court or tribunal in which proceedings
relating to the claim are being heard may, on the application
of CEO, so direct.
(5) If the CEO proposes to make an application under subsection (4):
(a) the CEO must notify the participant or prospective
participant of that fact; and
(b) the participant or prospective participant has a right of
representation in the hearing of that application.

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
Agency must deduct from the amount of those damages:
(a) an amount equal to the total of all NDIS amounts paid to, or
for the benefit of, the participant before the amount is paid to
the Agency; and
(b) the amount of any costs incidental to the claim paid by the
Agency.
The Agency must pay the balance to the participant or prospective
participant.

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Section 106

Part 2—Agency may recover compensation fixed

after NDIS amounts have been paid

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 participant’s
impairment (whether or not the participant was a participant
at the time of the injury); and
(b) before the day of the judgement, NDIS amounts (the past
NDIS amounts) had been paid in respect of supports in
relation to the participant’s impairment; and
(c) the judgement specifies a portion (the past NDIS support
component) of the amount of compensation to be a
component for supports of a kind funded or provided under
the National Disability Insurance Scheme.
(2) An amount (the recoverable amount) is payable by the participant
to the Agency. The recoverable amount is an amount equal to:
(a) unless subsection (4) or (5) applies—the sum of the past
NDIS amounts, reduced as mentioned in subsection (3) (if
applicable); or
(b) if subsection (4) or (5) applies—the amount worked out in
accordance with whichever of those subsections is
applicable.
(3) If:
(a) the judgement fixes the amount of compensation on the basis
that liability for the injury should be apportioned between the
participant and another person; and
(b) as a result, the amount of compensation is less than it would
have been if liability had not been so apportioned;

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Section 107

the sum of the past NDIS amounts is to be reduced by the

proportion corresponding to the proportion of liability that is
apportioned to the participant by the judgement.
(4) If the recoverable amount would, apart from this subsection,
exceed the past NDIS support component, the recoverable amount
is taken to be the lesser of the sum of the past NDIS amounts and
the past NDIS support component.
(5) If the recoverable amount would, apart from this subsection,
exceed the difference (if any) between:
(a) the amount of compensation fixed by the judgement; and
(b) the sum of the amounts (if any) payable in respect of the
amount of compensation under the following:
(i) the Health and Other Services (Compensation) Act
1995;
(ii) the Health and Other Services (Compensation) Care
Charges Act 1995;
(iii) Part 3.14 of the Social Security Act 1991;
(iv) a law of the Commonwealth, a State or a Territory,
prescribed by the National Disability Insurance Scheme
rules;
the recoverable amount is taken to be the amount of the difference.

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
(whether or not the participant was a participant at the time of
the injury); and
(b) before the day of the consent judgement or settlement, NDIS
amounts (the past NDIS amounts) had been paid in respect
of supports in relation to the participant’s impairment.

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Section 107

(2) An amount (the recoverable amount) is payable by the participant

to the Agency. The recoverable amount is an amount equal to:
(a) unless subsection (4) applies—the sum of the past NDIS
amounts, reduced as mentioned in subsection (3) (if
applicable); or
(b) if subsection (4) applies—the amount worked out in
accordance with that subsection.
(3) If:
(a) the consent judgement or settlement fixes the amount of
compensation on the basis that liability for the injury should
be apportioned between the participant and another person;
and
(b) as a result, the amount of compensation is less than it would
have been if liability had not been so apportioned;
the sum of the past NDIS amounts is to be reduced by the
proportion corresponding to the proportion of liability that is
apportioned to the participant by the consent judgement or
settlement.
(4) If the recoverable amount would, apart from this subsection,
exceed the difference (if any) between:
(a) the amount of compensation fixed under the consent
judgement or settlement; and
(b) the sum of the amounts (if any) payable in respect of the
amount of compensation under the following:
(i) the Health and Other Services (Compensation) Act
1995;
(ii) the Health and Other Services (Compensation) Care
Charges Act 1995;
(iii) Part 3.14 of the Social Security Act 1991;
(iv) a law of the Commonwealth, a State or a Territory,
prescribed by the National Disability Insurance Scheme
rules;
the recoverable amount is taken to be the amount of the difference.

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Section 108

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.

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Recovery from compensation payers and insurers Part 3

Section 109

Part 3—Recovery from compensation payers and

insurers

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 prospective
participant’s impairment;
the CEO may give written notice to the potential compensation
payer, stating that the CEO may wish to recover an amount from
the potential compensation payer.
(2) 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 prospective
participant’s impairment; and
(c) an insurer may be liable, under a contract of insurance, to
indemnify the potential compensation payer against any
liability arising from the claim for compensation;
the CEO may give written notice to the insurer, stating that the
CEO may wish to recover an amount from the insurer.
(3) A notice under subsection (1) or (2) must contain:
(a) a statement of the potential compensation payer’s or insurer’s
obligation under subsection 110(1) or (2), as the case
requires; and
(b) a statement of the effect of section 111 (recovery) so far as it
relates to the notice.

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Section 110

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
participant; and
(b) before or after receiving the notice, the potential
compensation payer becomes liable to pay compensation to
the participant or prospective participant; and
(c) the potential compensation payer does not give written notice
to the CEO of the liability within 7 days after becoming
liable or receiving the notice, whichever is later.
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
Note: If a body corporate is convicted of an offence against this section,
subsection 4B(3) of the Crimes Act 1914 allows a court to impose a
fine of up to 5 times the pecuniary penalty stated above.

(2) An insurer commits an offence if:

(a) the insurer is given a notice under subsection 109(2) in
relation to a claim by a participant or prospective participant;
and
(b) before or after receiving the notice, the insurer becomes
liable to indemnify the potential compensation payer, either
wholly or partly, in relation to the claim; and
(c) the insurer does not give written notice to the CEO of the
liability within 7 days of becoming liable or receiving the
notice, whichever is later.
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
Note: If a body corporate is convicted of an offence against this section,
subsection 4B(3) of the Crimes Act 1914 allows a court to impose a
fine of up to 5 times the pecuniary penalty stated above.

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Section 111

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 participant in
relation to the impairment; or
(ii) if the compensation payer is an authority of a State or
Territory—has determined that a payment by way of
compensation is to be made to the participant in relation
to the impairment;
the CEO may give written notice to the compensation payer that
the CEO proposes to recover from the compensation payer the
amount specified in the notice.
(2) If:
(a) one or more NDIS amounts have been paid to a person in
respect of a participant’s impairment; and
(b) an insurer is liable, under a contract of insurance, to
indemnify the compensation payer against any liability
arising from a claim of the participant for compensation;
the CEO may give written notice to the insurer that the CEO
proposes to recover from the insurer the amount specified in the
notice.
(3) If a compensation payer or insurer is given notice under
subsection (1) or (2), the compensation payer or insurer is liable to
pay to the Agency the amount specified in the notice.
(4) The amount to be specified in the notice is the lesser of the
following:
(a) an amount equal to the sum of the NDIS amounts referred to
in paragraph (1)(a) or (2)(a);

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Section 112

(b) an amount equal to the recoverable amount in relation to the

judgement, consent judgement or settlement to which the
liability relates.
(5) A notice under this section must contain a statement of the effect of
section 114 (offences) so far as it relates to such a notice.
(6) This section applies to an amount payable by way of compensation
in spite of any law of the Commonwealth, a State or Territory
(however expressed) under which the compensation is inalienable.
(7) If the CEO gives a person a notice under this section that the CEO
proposes to recover a specified amount from the person, the
specified amount is a debt due by the person to the Agency.

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
compensation payer is not liable to pay that compensation while
the notice has effect.
(2) If an insurer has been given a notice under subsection 109(2) or
111(2) in relation to the insurer’s liability, or possible liability, to
indemnify a compensation payer against a liability arising from a
claim for compensation:
(a) the insurer is not liable to so indemnify the compensation
payer; and
(b) the compensation payer is not liable to pay that
compensation;
while the notice has effect.

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Section 113

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 compensation payer’s liability to pay compensation to the
participant; and
(b) the participant’s liability to pay the Agency.
(2) Payment to the Agency of an amount that an insurer 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 insurer’s liability to the compensation payer; and
(b) the compensation payer’s liability to pay compensation to the
participant; and
(c) the participant’s liability to pay the Agency.

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 compensation to a participant or prospective participant;
and
(b) the potential compensation payer makes the compensation
payment to the participant or prospective participant.
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
Note: If a body corporate is convicted of an offence against this section,
subsection 4B(3) of the Crimes Act 1914 allows a court to impose a
fine of up to 5 times the pecuniary penalty stated above.

(2) Subsection (1) does not apply if:

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Section 115

(a) in the case of a notice under section 109—the CEO has given
the potential compensation payer written notice that the
notice is revoked; or
(b) in the case of a notice under section 111—the potential
compensation payer has paid to the Agency the amount
specified in the notice; or
(c) the CEO has given the potential compensation payer written
permission to pay the amount.
(3) An insurer commits an offence if:
(a) the insurer has been given a notice under subsection 109(2)
or 111(2) in relation to a liability to indemnify a person; and
(b) the insurer makes a payment in relation to that liability.
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
Note: If a body corporate is convicted of an offence against this section,
subsection 4B(3) of the Crimes Act 1914 allows a court to impose a
fine of up to 5 times the pecuniary penalty stated above.

(4) Subsection (3) does not apply if:

(a) in the case of a notice under section 109—the CEO has given
the insurer written notice that the notice is revoked; or
(b) in the case of a notice under section 111—the insurer has
paid to the Agency the amount specified in the notice; or
(c) the CEO has given the insurer written permission to pay the
amount.

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 under section 109—an
amount determined by the CEO; or
(b) if the contravention relates to a notice under section 111—the
amount specified in the notice.

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Section 115

(2) The amount determined by the CEO under paragraph (1)(a) must
not be more than the amount that would have been specified in a
notice under section 111 if one had been given.
(3) This section applies in relation to a payment by way of
compensation in spite of any law of the Commonwealth, a State or
Territory (however expressed) under which the compensation is
inalienable.
(4) The amount determined by the CEO under paragraph (1)(a) or
specified in the notice under section 111 is a debt due by the
compensation payer or the insurer to the Agency.

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Part 4 CEO may disregard certain payments

Section 116

Part 4—CEO may disregard certain payments

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 thinks it is appropriate to do so in the special circumstances
of the case.

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 National Disability Insurance Agency Chapter 6
National Disability Insurance Agency Part 1

Section 117

Chapter 6—National Disability Insurance

Agency
Part 1—National Disability Insurance Agency

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
Insurance Agency.
Note: Subsection 25B(1) of the Acts Interpretation Act 1901 provides that a
body whose name is altered by an Act continues in existence under the
new name so that its identity is not affected.

(2) The Agency:

(a) is a body corporate; and
(b) must have a seal; and
(c) may acquire, hold and dispose of real and personal property;
and
(d) may sue and be sued.
Note: The Public Governance, Performance and Accountability Act 2013
applies to the Agency. That Act deals with matters relating to
corporate Commonwealth entities, including reporting and the use and
management of public resources.

(3) The seal of the Agency is to be kept in such custody as the Board
directs and must not be used except as authorised by the Board.

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 disability; and

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(ii) enable people with disability to exercise choice and

control in the pursuit of their goals and the planning and
delivery of their supports; and
(iii) ensure that the decisions and preferences of people with
disability are respected and given appropriate priority;
and
(iv) promote the provision of high quality and innovative
supports that enable people with disability to maximise
independent lifestyles and inclusion in the community;
and
(v) ensure that a reasonable balance is achieved between
safety and the right of people with disability to choose
to participate in activities involving risk;
(b) to manage, and to advise and report on, the financial
sustainability of the National Disability Insurance Scheme
including by:
(i) regularly making and assessing estimates of the current
and future expenditure of the National Disability
Insurance Scheme; and
(ii) identifying and managing risks and issues relevant to
the financial sustainability of the National Disability
Insurance Scheme; and
(iii) considering actuarial advice, including advice from the
scheme actuary and the reviewing actuary;
(ba) to prevent, detect, investigate and respond to misuse or abuse
of, or criminal activity involving, the National Disability
Insurance Scheme (whether systemic or otherwise) where
this relates to:
(i) claims for payment under the National Disability
Insurance Scheme, the payment of NDIS amounts or the
use of funding provided under the National Disability
Insurance Scheme; or
(ii) information provided to the Agency by or in relation to
a participant or prospective participant, including in
connection with access requests, a person’s continued
status as a participant, the preparation, variation,

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reassessment or replacement of a participant’s plan or

the management of the funding for supports under a
participant’s plan; or
(iii) the management of the funding for supports under a
participant’s plan by, or the duties or obligations of, a
nominee or person who may do a thing because of
section 74, including the appointment, or the suspension
or cancellation of the appointment, of a nominee or the
making or revocation of a determination under
paragraph 74(1)(b);
(c) to develop and enhance the disability sector, including by
facilitating innovation, research and contemporary best
practice in the sector;
(d) to build community awareness of disabilities and the social
contributors to disabilities;
(e) to collect, analyse and exchange data about disabilities and
the supports (including early intervention supports) for
people with disability;
(f) to undertake research relating to disabilities, the supports
(including early intervention supports) for people with
disability and the social contributors to disabilities;
(g) any other functions conferred on the Agency by or under this
Act, the regulations or an instrument made under this Act;
(h) to do anything incidental or conducive to the performance of
the above functions.
(2) In performing its functions, the Agency must use its best
endeavours to:
(a) act in accordance with any relevant intergovernmental
agreements; and
(b) act in a proper, efficient and effective manner; and
(c) ensure the financial sustainability of the National Disability
Insurance Scheme.

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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 following
powers:
(a) the power to enter into contracts;
(b) the power to accept gifts, devises, bequests and assignments.

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 performance of its
functions for which it may charge fees; and
(b) the amount, or a method of working out the amount, of those
fees.
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the instrument (see regulations made for the purposes of
paragraph 54(2)(b) of that Act).

(3) An instrument made under subsection (2) must not allow:

(a) a fee to be charged in relation to an access request; or
(b) a participant to be charged a fee.
(4) The Minister must not make an instrument under subsection (2)
unless the Commonwealth and each host jurisdiction agree to the
making of the instrument.

Process for seeking agreement

(4A) The Minister must:
(a) give a notice (the original notice) in writing to one host
jurisdiction Minister for each host jurisdiction seeking the
agreement of that host jurisdiction to the making of the

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instrument and requesting the agreement be given before the

end of 28 days beginning on the day the notice is given; and
(b) provide a copy of the proposed instrument to that host
jurisdiction Minister.
(4B) If, immediately before the end of that 28-day period:
(a) no host jurisdiction Minister for a host jurisdiction has
informed the Minister whether that host jurisdiction agrees to
the making of the instrument; and
(b) no host jurisdiction Minister for that host jurisdiction has
made a request under subsection (4C);
then, at the end of that period, that host jurisdiction is taken to have
agreed to the making of the instrument.
(4C) If, before the end of that 28-day period, a host jurisdiction Minister
for a host jurisdiction gives a notice in writing to the Minister
requesting a longer period within which that host jurisdiction may
agree to the making of the instrument:
(a) that host jurisdiction may give that agreement before the end
of 90 days beginning on the day the original notice was
given; and
(b) if, immediately before the end of that 90-day period, no host
jurisdiction Minister for that host jurisdiction has informed
the Minister whether that host jurisdiction agrees to the
making of the instrument, then, at the end of that period, that
host jurisdiction is taken to have so agreed.

Fee must not amount to taxation

(5) A fee must not be such as to amount to taxation.

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
Legislation Act 2003 do not apply to the directions (see regulations

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made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that

Act).

(2) A direction given under subsection (1):

(a) must not relate to a particular individual; and
(b) must not be inconsistent with:
(i) this Act, the regulations or an instrument made under
this Act; or
(ii) the Public Governance, Performance and
Accountability Act 2013, or any instrument made under
that Act.
(3) The Minister must not give a direction under subsection (1) unless
the Commonwealth and each host jurisdiction agree to the giving
of the direction.

Process for seeking agreement

(3A) The Minister must:
(a) give a notice (the original notice) in writing to one host
jurisdiction Minister for each host jurisdiction seeking the
agreement of that host jurisdiction to the giving of the
direction and requesting the agreement be given before the
end of 28 days beginning on the day the notice is given; and
(b) provide a copy of the proposed direction to that host
jurisdiction Minister.
(3B) If, immediately before the end of that 28-day period:
(a) no host jurisdiction Minister for a host jurisdiction has
informed the Minister whether that host jurisdiction agrees to
the giving of the direction; and
(b) no host jurisdiction Minister for that host jurisdiction has
made a request under subsection (3C);
then, at the end of that period, that host jurisdiction is taken to have
agreed to the giving of the direction.
(3C) If, before the end of that 28-day period, a host jurisdiction Minister
for a host jurisdiction gives a notice in writing to the Minister

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requesting a longer period within which that host jurisdiction may

agree to the giving of the direction:
(a) that host jurisdiction may give that agreement before the end
of 90 days beginning on the day the original notice was
given; and
(b) if, immediately before the end of that 90-day period, no host
jurisdiction Minister for that host jurisdiction has informed
the Minister whether that host jurisdiction agrees to the
giving of the direction, then, at the end of that period, that
host jurisdiction is taken to have so agreed.

Agency must comply with direction

(4) The Agency must comply with a direction given under
subsection (1).

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.

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Section 123

Part 2—Board of the Agency

Division 1—Establishment and functions

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 National Disability Insurance Agency.
Note: Subsection 25B(1) of the Acts Interpretation Act 1901 provides that a
body whose name is altered by an Act continues in existence under the
new name so that its identity is not affected.

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
by the Agency;
(c) any other functions conferred on the Board by or under:
(i) this Act, the regulations or an instrument made under
this Act; or
(ii) any other law of the Commonwealth.
(2) The Board has the power to do all things necessary or convenient
to be done for or in connection with the performance of its
functions.
(3) Anything done in the name of, or on behalf of, the Agency by the
Board, or with the authority of the Board, is taken to have been
done by the Agency.

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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 not relate to a particular individual; and
(c) must not be inconsistent with:
(i) this Act, the regulations or an instrument made under
this Act; or
(ii) the Public Governance, Performance and
Accountability Act 2013, or any instrument made under
that Act.
(3) The Minister must not give a statement under subsection (1) unless
the Commonwealth and each host jurisdiction agree to the giving
of the statement.

Process for seeking agreement

(3A) The Minister must:
(a) give a notice (the original notice) in writing to one host
jurisdiction Minister for each host jurisdiction seeking the
agreement of that host jurisdiction to the giving of the
statement and requesting the agreement be given before the
end of 28 days beginning on the day the notice is given; and
(b) provide a copy of the proposed statement to that host
jurisdiction Minister.
(3B) If, immediately before the end of that 28-day period:
(a) no host jurisdiction Minister for a host jurisdiction has
informed the Minister whether that host jurisdiction agrees to
the giving of the statement; and
(b) no host jurisdiction Minister for that host jurisdiction has
made a request under subsection (3C);

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then, at the end of that period, that host jurisdiction is taken to have
agreed to the giving of the statement.
(3C) If, before the end of that 28-day period, a host jurisdiction Minister
for a host jurisdiction gives a notice in writing to the Minister
requesting a longer period within which that host jurisdiction may
agree to the giving of the statement:
(a) that host jurisdiction may give that agreement before the end
of 90 days beginning on the day the original notice was
given; and
(b) if, immediately before the end of that 90-day period, no host
jurisdiction Minister for that host jurisdiction has informed
the Minister whether that host jurisdiction agrees to the
giving of the statement, then, at the end of that period, that
host jurisdiction is taken to have so agreed.

Board must have regard to statement

(4) In performing its functions, the Board must have regard to a
statement given under subsection (1).

Statement not a legislative instrument

(5) A statement given under subsection (1) is not a legislative
instrument.

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 45 of the Public Governance, Performance and
Accountability Act 2013 (which deals with audit committees for
Commonwealth entities).

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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 the Agency; and
(b) must be complied with by the Board in performing its
functions.
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the instrument (see regulations made for the purposes of
paragraph 54(2)(b) of that Act).

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Section 126

Division 2—Members of the Board

126 Membership
The Board consists of the Chair and up to 11 other members.

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 that the person is a person with disability, is a
person that has lived experience with disability or is a person that
has skills, experience or knowledge in at least one of the following
fields:
(a) the provision or use of disability services;
(b) the operation of insurance schemes, compensation schemes
or schemes with long-term liabilities;
(c) financial management;
(d) corporate governance.

Procedures relating to appointment

(3) The Minister must consult the host jurisdictions about the
appointment of the Chair.
(4) Before the Minister appoints a Board member other than the Chair,
the Minister must:
(a) seek the support of all the host jurisdictions for the
appointment; and
(b) be satisfied that the appointment is supported by:
(i) the Commonwealth; and
(ii) a majority of the group consisting of the
Commonwealth and the host jurisdictions.

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(4A) The Minister must give a notice (the original notice) in writing to
one host jurisdiction Minister for each host jurisdiction seeking the
agreement of that host jurisdiction to the appointment covered by
subsection (4) and requesting the agreement be given before the
end of 28 days beginning on the day the notice is given.
(4B) If, immediately before the end of that 28-day period:
(a) no host jurisdiction Minister for a host jurisdiction has
informed the Minister whether that host jurisdiction agrees to
the appointment; and
(b) no host jurisdiction Minister for that host jurisdiction has
made a request under subsection (4C);
then, at the end of that period, that host jurisdiction is taken to have
agreed to the appointment.
(4C) If, before the end of that 28-day period, a host jurisdiction Minister
for a host jurisdiction gives a notice in writing to the Minister
requesting a longer period within which that host jurisdiction may
agree to the appointment:
(a) that host jurisdiction may give that agreement before the end
of 90 days beginning on the day the original notice was
given; and
(b) if, immediately before the end of that 90-day period, no host
jurisdiction Minister for that host jurisdiction has informed
the Minister whether that host jurisdiction agrees to the
appointment, then, at the end of that period, that host
jurisdiction is taken to have so agreed.
(4D) Despite subsection (4), the Minister may appoint a person as a
Board member other than the Chair if:
(a) the appointment is not supported by a majority of the group
consisting of the Commonwealth and the host jurisdictions;
and
(b) the period of 90 days beginning on the day the first notice
was given under subsection (4A) in relation to that
appointment has ended.

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Persons ineligible for appointment

(5) Despite subsection (2), a person is not eligible for appointment as a
Board member if the person is:
(a) a member (however described) of:
(i) the Parliament of the Commonwealth or a State; or
(ii) the legislature of a Territory; or
(iii) a local government authority; or
(b) an employee of the Commonwealth, a State, a Territory or a
local government authority; or
(c) the holder of a full-time office under a law of the
Commonwealth, a State or a Territory.

Board members to have appropriate balance of characteristics

(6) In appointing the Board members, the Minister must ensure that
the Board members collectively possess an appropriate balance of
characteristics mentioned in subsection (2).

Appointment of Board members other than Chair—Indigenous

Persons
(7) In appointing Board members other than the Chair, the Minister
must also ensure that at least one Board member other than the
Chair is an Indigenous person (whether or not the Chair is an
Indigenous person).

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 Act
1901.

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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 of the Chair, whether or not an
appointment has previously been made to the office.
(2) The Minister may, by written instrument, appoint a person to act as
a Board member other than the Chair, for a specified period of not
more than 150 days, during a vacancy in the office of a Board
member other than the Chair, whether or not an appointment has
previously been made to the office.
(2A) The Minister must consult the States and Territories about an
appointment under subsection (2).

Appointment to act during absence etc.

(3) The Minister may, by written instrument, appoint a person to act as
a Board member during any period, or during all periods, when a
Board member:
(a) is absent from duty or from Australia; or
(b) is, for any reason, unable to perform the duties of the office.
Note: The Minister must tell the Ministerial Council as soon as practicable
after the Minister appoints a person to act as the Chair or another
Board member: see subsection 176(2).

Eligibility for appointment

(4) A person is eligible for appointment under subsection (1), (2) or (3)
only if the Minister is satisfied that the person is a person with
disability, is a person that has lived experience with disability or is
a person that has skills, experience or knowledge in at least one of
the fields mentioned in subsection 127(2).
(5) Despite subsection (4), a person is not eligible for appointment
under subsection (1), (2) or (3) if the person is:

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(a) a member (however described) of:

(i) the Parliament of the Commonwealth or a State; or
(ii) the legislature of a Territory; or
(iii) a local government authority; or
(b) the holder of a full-time office under a law of the
Commonwealth, a State or a Territory.
(6) In appointing a person under subsection (2) to act as a Board
member other than the Chair, the Minister must ensure that at least
one Board member other than the Chair is an Indigenous person
(whether or not the Chair is an Indigenous person).
Note: For rules that apply to acting appointments, see sections 33AB and
33A of the Acts Interpretation Act 1901.

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 the remuneration that is prescribed by the regulations.
(2) A Board member is to be paid the allowances that are prescribed
by the regulations.
(3) This section has effect subject to the Remuneration Tribunal Act
1973.

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 (1), the Minister must consult the host jurisdictions
about the grant.

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Other Board members

(3) The Chair may grant leave of absence to another Board member on
the terms and conditions that the Chair determines.
(4) The Chair must notify the Minister if the Chair grants another
Board member leave of absence for a period that exceeds 3
months.

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.

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 specified in the resignation, on that
later day.
(3) The later day specified in the resignation must not be more than 90
days after the day the resignation is received by the Minister.

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 not have confidence in the member.
(2) The Minister may terminate the appointment of a Board member if:
(a) the member:
(i) becomes bankrupt; or

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(ii) applies to take the benefit of any law for the relief of
bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the
benefit of his or her creditors; or
(b) the member is absent, except on leave of absence, from 3
consecutive meetings of the Board; or
(c) the member engages in paid employment that, in the
Minister’s opinion, conflicts or may conflict with the proper
performance of the member’s duties (see section 132); or
(e) the Minister is satisfied that the performance of the member
has been unsatisfactory for a significant period.
Note: The appointment of a board member may also be terminated under
section 30 of the Public Governance, Performance and Accountability
Act 2013 (which deals with terminating the appointment of an
accountable authority, or a member of an accountable authority, for
contravening general duties of officials).

Procedures relating to termination

(3) The Minister must consult the host jurisdictions about the
termination of the appointment of the Chair.
(4) Before the Minister terminates the appointment of a Board member
other than the Chair, the Minister must:
(a) seek the support of all the host jurisdictions for the
termination; and
(b) be satisfied that the termination is supported by:
(i) the Commonwealth; and
(ii) a majority of the group consisting of the
Commonwealth and the host jurisdictions.
(4A) The Minister must give a notice (the original notice) in writing to
one host jurisdiction Minister for each host jurisdiction seeking the
agreement of that host jurisdiction to the termination covered by
subsection (4) and requesting the agreement be given before the
end of 28 days beginning on the day the notice is given.

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(4B) If, immediately before the end of that 28-day period:

(a) no host jurisdiction Minister for a host jurisdiction has
informed the Minister whether that host jurisdiction agrees to
the termination; and
(b) no host jurisdiction Minister for that host jurisdiction has
made a request under subsection (4C);
then, at the end of that period, that host jurisdiction is taken to have
agreed to the termination.
(4C) If, before the end of that 28-day period, a host jurisdiction Minister
for a host jurisdiction gives a notice in writing to the Minister
requesting a longer period within which that host jurisdiction may
agree to the termination:
(a) that host jurisdiction may give that agreement before the end
of 90 days beginning on the day the original notice was
given; and
(b) if, immediately before the end of that 90-day period, no host
jurisdiction Minister for that host jurisdiction has informed
the Minister whether that host jurisdiction agrees to the
termination, then, at the end of that period, that host
jurisdiction is taken to have so agreed.

Termination under the Public Governance, Performance and

Accountability Act 2013
(5) Subsections (3) to (4C) are taken to apply in relation to the
termination of the appointment of a Board member under
section 30 of the Public Governance, Performance and
Accountability Act 2013 in the same way as those subsections
apply to a termination under this 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.

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(2) Before the Minister determines terms and conditions on which a

Board member holds office, the Minister must be satisfied that the
Commonwealth and a majority of host jurisdictions agree to the
terms and conditions.

Process for seeking agreement

(3) The Minister must:
(a) give a notice (the original notice) in writing to one host
jurisdiction Minister for each host jurisdiction seeking the
agreement of that host jurisdiction to the terms and
conditions and requesting the agreement be given before the
end of 28 days beginning on the day the notice is given; and
(b) provide a copy of the proposed terms and conditions to that
host jurisdiction Minister.
(4) If, immediately before the end of that 28-day period:
(a) no host jurisdiction Minister for a host jurisdiction has
informed the Minister whether that host jurisdiction agrees to
the terms and conditions; and
(b) no host jurisdiction Minister for that host jurisdiction has
made a request under subsection (5);
then, at the end of that period, that host jurisdiction is taken to have
agreed to the terms and conditions.
(5) If, before the end of that 28-day period, a host jurisdiction Minister
for a host jurisdiction gives a notice in writing to the Minister
requesting a longer period within which that host jurisdiction may
agree to the terms and conditions:
(a) that host jurisdiction may give that agreement before the end
of 90 days beginning on the day the original notice was
given; and
(b) if, immediately before the end of that 90-day period, no host
jurisdiction Minister for that host jurisdiction has informed
the Minister whether that host jurisdiction agrees to the terms
and conditions, then, at the end of that period, that host
jurisdiction is taken to have so agreed.

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Board of the Agency Part 2
Meetings of the Board Division 3

Section 136

Division 3—Meetings of the Board

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 33B of the Acts Interpretation Act 1901 contains further
information about the ways in which Board members may participate
in meetings.

(3) The Chair:

(a) may convene a meeting; and
(b) must convene at least 4 meetings each calendar year; and
(c) must convene a meeting within 30 days of receiving a written
request to do so from another Board member.

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 has not been nominated by the Chair to
preside—the other Board members present must appoint one
of themselves to preside.

138 Quorum
(1) At a meeting of the Board, a quorum is constituted by a majority of
the Board members.

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Division 3 Meetings of the Board

Section 139

(2) However, if:

(a) a Board member is required by rules made for the purposes
of section 29 of the Public Governance, Performance and
Accountability Act 2013 not to be present during the
deliberations, or to take part in any decision, of the Board
with respect to a particular matter; and
(b) when the member leaves the meeting concerned there is no
longer a quorum present;
the remaining members at the meeting constitute a quorum for the
purpose of any deliberation or decision at that meeting with respect
to that matter.

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 votes are equal, a casting vote.

140 Conduct of meetings

The Board may, subject to this Division, regulate proceedings at its
meetings as it considers appropriate.

141 Minutes
The Board must keep minutes of its meetings.

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; and
(b) that agreement is indicated in accordance with the method
determined by the Board under subsection (2); and

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Board of the Agency Part 2
Meetings of the Board Division 3

Section 142

(c) all the Board members were informed of the proposed

decision, or reasonable efforts were made to inform all the
members of the proposed decision.
(2) Subsection (1) applies only if the Board:
(a) has determined that it may make decisions of that kind
without meeting; and
(b) has determined the method by which Board members are to
indicate agreement with proposed decisions.
(3) For the purposes of paragraph (1)(a), a Board member is not
entitled to vote on a proposed decision if the member would not
have been entitled to vote on that proposal if the matter had been
considered at a meeting of the Board.
(4) The Board must keep a record of decisions made in accordance
with this section.

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Part 3 Independent Advisory Council
Division 1 Establishment and function

Section 143

Part 3—Independent Advisory Council

Division 1—Establishment and function

143 Establishment
The Independent Advisory Council is established by this 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 relating to the National Disability
Insurance Scheme; and
(b) supports the independence and social and economic
participation of people with disability; and
(c) funds or provides supports, including early intervention
supports, for participants in the National Disability Insurance
Scheme; and
(d) enables people with disability to exercise choice and control
in the pursuit of their goals and the planning and delivery of
their supports; and
(e) facilitates the development of a nationally consistent
approach to the access to, and the planning and funding of,
supports for people with disability; and
(f) promotes the provision of high quality and innovative
supports to people with disability; and
(g) raises community awareness of the issues that affect the
social and economic participation of people with disability,
and facilitates greater community inclusion of people with
disability.
(2) In providing advice, the Advisory Council must have regard to the
role of families, carers and other significant persons in the lives of
people with disability.

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Establishment and function Division 1

Section 145

(3) Advice provided by the Advisory Council must not relate to:
(a) a particular individual; or
(ba) the registration of a person or entity as a registered NDIS
provider, or the variation, suspension or revocation of that
registration; or
(c) the corporate governance of the Agency or the Commission;
or
(d) the money paid to, or received by, the Agency.
(4) The Advisory Council has power to do all things necessary or
convenient to be done for or in connection with the performance of
its function.

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 the advice and a
statement setting out what has been done, or is to be done, in
response to the advice.

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Part 3 Independent Advisory Council
Division 2 Members of the Advisory Council

Section 146

Division 2—Members of the Advisory Council

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.

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
appointment of each member of the Advisory Council.

Principal member
(3) The Minister must not appoint a person as the Principal Member
unless the person is a Board member.

Persons ineligible for appointment

(4) A person is not eligible for appointment as a member of the
Advisory Council if the person is a member (however described)
of:
(a) the Parliament of the Commonwealth or a State; or
(b) the legislature of a Territory; or
(c) a local government authority.

Membership requirements
(5) In appointing the members of the Advisory Council, the Minister
must:

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Section 148

(a) have regard to the desirability of the membership of the

Advisory Council reflecting the diversity of people with
disability; and
(b) ensure that all members are persons with skills, experience or
knowledge that will help the Advisory Council perform its
function; and
(c) ensure that:
(i) a majority of the members are people with disability;
and
(ii) at least 2 of the members are carers of people with
disability; and
(iii) at least one of the members is a person who has skills,
experience or knowledge in relation to disability in rural
or regional areas; and
(iv) at least one of the members is a person who has skills,
experience or knowledge in the supply of equipment, or
the provision of services, to people with disability.
Note: A particular member may meet one or more of the conditions in
subparagraphs (5)(c)(ii), (iii) and (iv).

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 Interpretation Act
1901.

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 the office of the Principal Member,
whether or not an appointment has previously been made to the
office.

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Division 2 Members of the Advisory Council

Section 150

(2) The Minister may, by written instrument, appoint a person to act as

a member of the Advisory Council other than the Principal
Member, for a specified period of not more than 150 days, during a
vacancy in the office of a member of the Advisory Council other
than the Principal Member, whether or not an appointment has
previously been made to the office.
(2A) The Minister must consult the States and Territories about an
appointment under subsection (2).

Appointment to act during absence etc.

(3) The Minister may, by written instrument, appoint a person to act as
a member of the Advisory Council during any period, or during all
periods, when a member of the Advisory Council:
(a) is absent from duty or from Australia; or
(b) is, for any reason, unable to perform the duties of the office.
Note 1: The Minister must tell the Ministerial Council as soon as practicable
after the Minister appoints a person to act as the Principal Member or
another member of the Advisory Council: see subsection 176(2).
Note 2: For rules that apply to acting appointments, see sections 33AB and
33A of the Acts Interpretation Act 1901.

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 member is to be paid the remuneration that is prescribed by the
regulations.
(2) A member of the Advisory Council is to be paid the allowances
that are prescribed by the regulations.
(3) This section has effect subject to the Remuneration Tribunal Act
1973.

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Independent Advisory Council Part 3
Members of the Advisory Council Division 2

Section 151

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 Principal
Member under subsection (1), the Minister must consult the host
jurisdictions about the grant.

Other members
(3) The Principal Member may grant leave of absence to another
member of the Advisory Council on the terms and conditions that
the Principal Member determines.
(4) The Principal Member must notify the Minister if the Principal
Member grants another member of the Advisory Council leave of
absence for a period that exceeds 3 months.

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
performance of the member’s functions.

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 meeting of the Council.
(2) The disclosure must be made as soon as possible after the relevant
facts have come to the member’s knowledge.
(3) The disclosure must be recorded in the minutes of the meeting.

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Section 154

(4) Unless the Advisory Council otherwise determines, the member:

(a) must not be present during any deliberation by the Council
on the matter; and
(b) must not take part in any decision of the Council with respect
to the matter.
(5) For the purposes of making a determination under subsection (4),
the member:
(a) must not be present during any deliberation of the Council
for the purpose of making the determination; and
(b) must not take part in making the determination.
(6) A determination under subsection (4) must be recorded in the
minutes of the meeting of the Council.

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 a later day is specified in the resignation, on that
later day.
(3) The later day specified in the resignation must not be more than 90
days after the day the resignation is received by the Minister.

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 Minister may terminate the appointment of a member of the
Advisory Council if:

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Section 156

(a) the member:

(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of
bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the
benefit of his or her creditors; or
(b) the member is absent, except on leave of absence, from 3
consecutive meetings of the Council; or
(c) the member fails, without reasonable excuse, to comply with
section 152 or 153 (which deal with the disclosure of
interests); or
(d) the Minister is satisfied that the performance of the member
has been unsatisfactory for a significant period; or
(e) in the case of the Principal Member—the Principal Member
is not a Board member.

Consultation
(3) The Minister must consult the host jurisdictions about the
termination of the appointment of a member of the Advisory
Council.

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 Minister determines terms and conditions on which a
member of the Advisory Council holds office, the Minister must
consult the host jurisdictions about the terms and conditions.

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Division 3 Procedures of the Advisory Council

Section 157

Division 3—Procedures of the Advisory Council

157 Procedures of the Advisory Council

The Advisory Council may determine its own procedures.

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 National Disability Insurance Agency Chapter 6
Chief Executive Officer and staff etc. Part 4
Chief Executive Officer Division 1

Section 158

Part 4—Chief Executive Officer and staff etc.

Division 1—Chief Executive Officer

158 Establishment
There is to be a Chief Executive Officer of the Agency.

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 or her duties.
(3) The CEO is to act in accordance with the objectives, strategies and
policies determined by the Board under paragraph 124(1)(b).
(4) The Board may give written directions to the CEO about the
performance of the CEO’s duties.
(5) The CEO must comply with a direction under subsection (4).
(6) A direction under subsection (4) is not a legislative instrument.
(7) The CEO must give the Board a copy of any significant actuarial
report or advice he or she receives, as soon as reasonably
practicable after receiving it.

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.

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Division 1 Chief Executive Officer

Section 161

(4) The CEO 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 Interpretation Act
1901.

(5) The CEO must not be a member of the Board.

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 made to the office; or
(b) during any period, or during all periods, when the CEO:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the
office.
Note: For rules that apply to acting appointments, see sections 33AB and
33A of the Acts Interpretation Act 1901.

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
remuneration that is prescribed by the regulations.
(2) The CEO is to be paid the allowances that are prescribed by the
regulations.
(3) This section has effect subject to the Remuneration Tribunal Act
1973.

163 Leave of absence

(1) The CEO has the recreation leave entitlements that are determined
by the Remuneration Tribunal.

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Chief Executive Officer and staff etc. Part 4
Chief Executive Officer Division 1

Section 164

(2) The Board may grant the CEO leave of absence, other than
recreation leave, on the terms and conditions as to remuneration or
otherwise that the Board determines.

164 Outside employment

The CEO must not engage in paid employment outside the duties
of his or her office without the Board’s approval.

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) Subsection (1) applies in addition to any rules made for the
purposes of that section.
(3) For the purposes of this Act and the Public Governance,
Performance and Accountability Act 2013, the CEO is taken not to
have complied with section 29 of that Act if the CEO does not
comply with subsection (1) of this 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 resignation, on that later day.
(3) The later day specified in the resignation must not be more than 90
days after the day the resignation is received by the Board.

167 Termination of appointment of the CEO

(1) The Board may terminate the appointment of the CEO:
(a) for misbehaviour; or

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Division 1 Chief Executive Officer

Section 168

(b) if the CEO is incapable of performing the duties of his or her

office.
(2) The Board may terminate the appointment of the CEO if:
(a) the CEO:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of
bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the
benefit of his or her creditors; or
(b) the CEO is absent, except on leave of absence, for 14
consecutive days or for 28 days in any 12 months; or
(c) the CEO engages, except with the Board’s approval, in paid
employment outside the duties of his or her office (see
section 164); or
(d) the CEO fails, without reasonable excuse, to comply with
section 29 of the Public Governance, Performance and
Accountability Act 2013 (which deals with the duty to
disclose interests) or rules made for the purposes of that
section; or
(e) the Board is satisfied that the performance of the CEO has
been unsatisfactory for a significant period.
(3) If the Board terminates the appointment of the CEO, the Board
must notify the Minister of the termination.

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.

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Chief Executive Officer and staff etc. Part 4
Staff etc. Division 2

Section 169

Division 2—Staff etc.

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 Agency; and
(b) the CEO is the Head of that Statutory Agency.

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 by or under a law of
the Commonwealth;
for the services of officers or employees of the Agency referred to
in paragraph (a) or body to be made available to assist the Agency
in the performance of its functions.
(2) The Agency may arrange with the appropriate authority of a State
or Territory for the services of officers or employees of the
following to be made available to assist the Agency in the
performance of its functions:
(a) the Public Service of the State or Territory;
(b) a body established for a public purpose by or under a law of
the State or Territory.

171 Consultants
The Agency may engage consultants to assist in the performance of
its functions.

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Chapter 6 National Disability Insurance Agency
Part 5 Reporting and planning
Division 1 Reporting

Section 172

Part 5—Reporting and planning

Division 1—Reporting
Subdivision A—Reporting by Board members

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
subsections (2) and (4).
(2) The annual report must include the following for the period to
which the report relates:
(a) details of any directions given under section 121 in the
period;
(b) details of any statements given under section 125 in the
period;
(c) information (including statistics) and analysis that relates to
either or both of the following in the period:
(i) participants;
(ii) funding or provision of supports by the Agency.
(3) The Minister may, by legislative instrument, prescribe particular
information, or analysis, described in paragraph (2)(c) that must be
included in the annual report.
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the instrument (see regulations made for the purposes of
paragraph 54(2)(b) of that Act).

(4) The annual report must include:

(a) the summary, that was prepared under section 180B when the
annual report was being prepared, of the annual financial
sustainability report prepared then; and

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Section 172

(b) the report of the reviewing actuary’s review under

subsection 180E(2) of the summary mentioned in
paragraph (a).

Prerequisite to making instrument under subsection (3)

(6) The Minister must not make an instrument under subsection (3)
unless a majority of the members of the Ministerial Council agree
to the making of the instrument.
(7) The Minister must:
(a) give a notice (the original notice) in writing to each member
of the Ministerial Council who is a Minister of a State or
Territory seeking the agreement of that member to the
making of the instrument and requesting the agreement be
given before the end of 28 days beginning on the day the
notice is given; and
(b) provide a copy of the proposed instrument to that member.
(8) If, immediately before the end of that 28-day period, that member:
(a) has not informed the Minister whether that member agrees to
the making of the instrument; and
(b) has not made a request under subsection (9);
then, at the end of that period, that member is taken to have agreed
to the making of the instrument.
(9) If, before the end of that 28-day period, that member gives a notice
in writing to the Minister requesting a longer period within which
that member may agree to the making of the instrument:
(a) that member may give that agreement before the end of 90
days beginning on the day the original notice was given; and
(b) if, immediately before the end of that 90-day period, that
member has not informed the Minister whether that member
agrees to the making of the instrument, then, at the end of
that period, that member is taken to have so agreed.

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Part 5 Reporting and planning
Division 1 Reporting

Section 173

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:
(a) information, a report or a document given to the Minister or
the Finance Minister under paragraph 19(1)(b) of the Public
Governance, Performance and Accountability Act 2013;
(b) particulars of a decision or issue notified to the Minister
under paragraph 19(1)(c), (d) or (e) of that Act;
(c) an annual report given to the Minister under section 46 of
that Act.
(1A) If the Board members inform the Minister of activities under
paragraph 19(1)(a) of that Act, the Board members must also
inform the Ministerial Council of the activities.
(2) The Board members must cause a copy of information the Agency
gives the Minister or a host jurisdiction Minister under section 175
to be given to the Ministerial Council as soon as practicable after
the Agency gives the information to that Minister.
(3) As soon as practicable after any of the following events happens to
a person, the Board members must tell the Ministerial Council that
the event has happened to the person:
(a) appointment of the person as the CEO by the Board;
(b) resignation of the person as the CEO;
(c) termination of the person’s appointment as the CEO.

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 Ministerial Council within 42 days after
the end of the period to which the report relates; and

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Reporting Division 1

Section 175

(c) publish a copy of the report on a website maintained by the

Agency within 45 days after the end of the period to which
the report relates.
(2) The report must include information (including statistics) that
relates to either or both of the following in the period to which the
report relates:
(a) participants in each host jurisdiction;
(b) funding or provision of supports by the Agency in relation to
each host jurisdiction.
(3) The report must also include information about matters prescribed
by the National Disability Insurance Scheme rules for the purposes
of this subsection.

Subdivision B—Reporting by the Agency

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 or
that host jurisdiction; or
(b) activities of the Agency relating to a particular host
jurisdiction.
(2) The Agency must give a Minister of a host jurisdiction who is a
member of the Ministerial Council information requested by that
Minister about:
(a) expenditure of money received by the Agency from that
jurisdiction; or
(b) expenditure, relating to that jurisdiction, of money received
by the Agency from the Commonwealth; or
(c) activities of the Agency relating to that jurisdiction.

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Chapter 6 National Disability Insurance Agency
Part 5 Reporting and planning
Division 1 Reporting

Section 175A

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:
(i) the total amount of paid supports for participants in the
calendar month;
(ii) the total number of participants in the National
Disability Insurance Scheme as at the last day of the
calendar month;
(iii) the average annualised payment per participant for the
period of 12 months ending at the end of the calendar
month, including any participants who had an initial
plan approved during that 12-month period;
(iv) the average annualised payment per participant for the
period of 12 months ending at the end of the calendar
month, excluding any participants who had an initial
plan approved during that 12-month period; and
(b) the following statistics for the same calendar month (the
relevant month) of the previous year:
(i) the total amount of paid supports for participants in the
relevant month;
(ii) the total number of participants in the National
Disability Insurance Scheme as at the last day of the
relevant month;
(iii) the average annualised payment per participant for the
period of 12 months ending at the end of the relevant
month, including any participants who had an initial
plan approved during that 12-month period.
(2) The statement must be published on a website maintained by the
Agency.
(3) If the 15th day after the end of a calendar month is not a business
day, the statement may be published on the next business day.

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Reporting Division 1

Section 176

(4) The total amount of paid supports for participants in a calendar

month includes cash payments, in-kind payments and an allowance
for supports provided but not yet paid.
(5) This section applies in relation to calendar months starting on or
after the commencement of this section.

Subdivision C—Reporting by the Minister

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
Ministerial Council.
(2) As soon as practicable after any of the following events happens to
a person, the Minister must tell the Ministerial Council that the
event has happened to the person:
(a) appointment of the person as:
(i) the Chair or another member of the Board; or
(ii) the Principal Member or another member of the
Advisory Council;
(b) appointment of the person to act as:
(i) the Chair or another member of the Board; or
(ii) the Principal Member or another member of the
Advisory Council;
(c) grant of leave of absence for the person for a period that
exceeds 3 months under section 131 or 151;
(d) resignation of the person as a Board member or a member of
the Advisory Council;
(e) termination of the person’s appointment as a Board member
or a member of the Advisory Council.

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Chapter 6 National Disability Insurance Agency
Part 5 Reporting and planning
Division 2 Planning

Section 177

Division 2—Planning

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.
(2) The corporate plan must include details of the following:
(a) the financial sustainability of the National Disability
Insurance Scheme (including estimates of the current and
future expenditure of the National Disability Insurance
Scheme);
(b) the risks and issues relevant to the financial sustainability of
the National Disability Insurance Scheme and the
management of those risks and issues.
(3) The Board must give a copy of the plan to the Ministerial Council
before the start of the period covered by the plan.
(4) If the Board varies the plan, the Board must notify the Ministerial
Council of the variation.
(5) Subsection 35(3) of the Public Governance, Performance and
Accountability Act 2013 (which deals with the Australian
Government’s key priorities and objectives) does not apply to a
corporate plan prepared by the Board.

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 National Disability Insurance Agency Chapter 6
Finance Part 6

Section 178

Part 6—Finance

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 times at which, money payable under subsection (1)
is to be paid to the Agency.
(3) If a direction under subsection (2) is given in writing, the direction
is not a legislative instrument.

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.

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 Agency.
(2) Subject to subsection (3), the money of the Agency is to be applied
only:
(a) in payment or discharge of any expenses, charges and
obligations incurred or undertaken by the Agency in the
performance of its functions and the exercise of its powers;
and
(b) in payment of remuneration and allowances payable under
this Act.

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Section 180

(3) The money of the Agency that was received by the Agency under
section 179 is to be applied only for the purpose mentioned in that
section.
(4) Subsections (2) and (3) do not prevent investment, under
section 59 of the Public Governance, Performance and
Accountability Act 2013, of money that is not immediately required
for the purposes of the Agency.

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 National Disability Insurance Agency Chapter 6
Actuarial assessment of financial sustainability Part 6A
Scheme actuary and annual financial sustainability report Division 1

Section 180A

Part 6A—Actuarial assessment of financial

sustainability
Division 1—Scheme actuary and annual financial
sustainability report

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 has
appropriate skills, experience or knowledge, to be the scheme
actuary; and
(c) who is not the reviewing actuary.
(2) The Board must, in writing, revoke the nomination if the nominee
ceases to be a Fellow of The Institute of Actuaries of Australia.
(3) Subsection (2) does not limit subsection 33(3) of the Acts
Interpretation Act 1901 (which deals with revocation and variation
of instruments).

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 Public Governance, Performance and
Accountability Act 2013:
(a) assess:
(i) the financial sustainability of the National Disability
Insurance Scheme; and

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Division 1 Scheme actuary and annual financial sustainability report

Section 180C

(ii) risks to that sustainability; and

(iii) on the basis of information held by the Agency, any
trends in provision of supports to people with disability;
(b) consider the causes of those risks and trends;
(c) make estimates of future expenditure of the National
Disability Insurance Scheme;
(d) prepare a report of that assessment, consideration and
estimation;
(e) prepare a summary of that report that includes the estimates
described in paragraph (c).

Duty to make quarterly estimates of future expenditure

(2) At least once each quarter, the scheme actuary must make
estimates of the future expenditure of the National Disability
Insurance Scheme and advise the CEO of the estimates. For this
purpose, quarter means a period of 3 months starting on 1 July,
1 October, 1 January or 1 April.
Note: The CEO must give the Board a copy of the advice under
subsection 159(7).

Duty to provide information and advice on request

(3) The scheme actuary must, on request from the Board or the CEO,
provide actuarial information or advice.

Duty to report concerns to Board

(4) If the scheme actuary has significant concerns about the financial
sustainability of the National Disability Insurance Scheme, or the
risk management processes of the Agency, he or she must report
those concerns to the Board as soon as reasonably practicable.

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

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Section 180C

must comply with in performing his or her duties under

section 180B.
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the instrument (see regulations made for the purposes of
paragraph 54(2)(b) of that Act).

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Part 6A Actuarial assessment of financial sustainability
Division 2 Reviewing actuary

Section 180D

Division 2—Reviewing actuary

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, and has
appropriate skills, experience or knowledge, to be the
reviewing actuary; and
(c) who is not the scheme actuary; and
(d) who is not a member of the staff of the Agency under
section 169.
(2) The nomination has effect for 3 years or a shorter period specified
in the nomination.
(3) The Board must, in writing, revoke the nomination if the nominee:
(a) ceases to be a Fellow of The Institute of Actuaries of
Australia; or
(b) becomes a member of the staff of the Agency under
section 169.
(4) Subsections (2) and (3) do not limit subsection 33(3) of the Acts
Interpretation Act 1901 (which deals with revocation and variation
of instruments).

Nominations and revocations are not legislative instruments

(6) Neither a nomination made under subsection (1) nor a revocation
made under subsection (3) is a legislative instrument.

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Actuarial assessment of financial sustainability Part 6A
Reviewing actuary Division 2

Section 180E

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 Board on each
annual financial sustainability report and summary prepared under
section 180B.
(3) The reviewing actuary must include in each of his or her reports
under subsection (2) a statement whether he or she is satisfied that
the Agency made all arrangements necessary for him or her to
conduct the review to which the report relates.
(4) If the reviewing actuary has significant concerns about the
financial sustainability of the National Disability Insurance
Scheme, or the risk management processes of the Agency, he or
she must report those concerns to the Board as soon as reasonably
practicable.

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Division 3 Assistance of scheme actuary and reviewing actuary

Section 180F

Division 3—Assistance of scheme actuary and reviewing

actuary

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.

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 National Disability Insurance Agency Chapter 6
Miscellaneous Part 7

Section 181

Part 7—Miscellaneous

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 177-5 of the A New Tax System (Goods and
Services Tax) Act 1999 and section 66 of the Fringe Benefits Tax
Assessment Act 1986).

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Chapter 6A NDIS Quality and Safeguards Commission
Part 1 Commission establishment and functions

Section 181A

Chapter 6A—NDIS Quality and Safeguards

Commission
Part 1—Commission establishment and functions

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) the Commissioner; and
(b) the staff of the Commission.
(3) For the purposes of the finance law (within the meaning of the
Public Governance, Performance and Accountability Act 2013):
(a) the Commission is a listed entity; and
(b) the Commissioner is the accountable authority of the
Commission; and
(c) the following persons are officials of the Commission:
(i) the Commissioner;
(ii) the staff referred to in section 181U;
(iii) persons assisting the Commissioner referred to in
section 181W;
(iv) consultants engaged under section 181V; and
(d) the purposes of the Commission include:
(i) the functions of the Commission referred to in
section 181B; and
(ii) the functions of the Commissioner referred to in
section 181D.

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Section 181B

181B Commission’s functions

The Commission’s function is to assist the Commissioner in the
performance of the Commissioner’s functions.

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Part 2 NDIS Quality and Safeguards Commissioner

Section 181C

Part 2—NDIS Quality and Safeguards

Commissioner

181C Commissioner
There is to be a Commissioner of the NDIS Quality and Safeguards
Commission.

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) such other functions that are conferred on the Commissioner
by or under this Act or any other law of the Commonwealth;
(f) to do anything incidental or conducive to the performance of
any of the above functions.
(2) The Commissioner may, by notifiable instrument, make guidelines
relating to the performance of any of the functions mentioned in
subsection (1).
(3) In performing his or her functions, the Commissioner may:
(a) consult and cooperate with other persons, organisations and
governments on matters relating to those functions; and
(b) consult and cooperate with other persons, organisations and
governments on matters relating to the determination of the
rights and interests of people receiving, or eligible to receive,
supports or services under the National Disability Insurance
Scheme; and
(c) consult persons and groups with an interest in the supports or
services provided under the National Disability Insurance
Scheme; and

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(d) have regard to the interests and needs of persons receiving, or

eligible to receive, supports or services under the National
Disability Insurance Scheme.
(3A) In performing his or her functions, the Commissioner must
acknowledge, recognise and respect the role of advocates
(including independent advocates) in representing the interests of
people with disability.
(3B) In performing his or her functions, the Commissioner must have
due regard to procedural fairness.
(4) In performing his or her functions, the Commissioner must use his
or her best endeavours to:
(a) provide opportunities for people with disability to participate
in matters that relate to them and to take into consideration
the wishes and views of people with disability in relation to
those matters; and
(b) conduct compliance and enforcement activities in a risk
responsive and proportionate manner; and
(c) support and maintain a diverse and sustainable NDIS market.
(5) The Commissioner has power to do all things necessary or
convenient to be done for or in connection with the performance of
his or her functions.

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 received under the National
Disability Insurance Scheme;
(b) to develop a nationally consistent approach to managing
quality and safeguards for people with disability receiving
supports or services, including those received under the
National Disability Insurance Scheme;

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Section 181F

(c) to promote the provision of advice, information, education

and training to NDIS providers and people with disability;
(d) to secure compliance with this Act through effective
compliance and enforcement arrangements, including
through the monitoring and investigation functions conferred
on the Commissioner by Division 8 of Part 3A of Chapter 4;
(e) to promote continuous improvement amongst NDIS
providers and the delivery of progressively higher standards
of supports and services to people with disability;
(f) to develop and oversee the broad policy design for a
nationally consistent framework relating to the screening of
workers involved in the provision of supports and services to
people with disability;
(g) to provide advice or recommendations to the Agency or the
Board in relation to the performance of the Agency’s
functions;
(h) to engage in, promote and coordinate the sharing of
information to achieve the objects of this Act;
(i) to provide NDIS market oversight, including:
(i) by monitoring changes in the NDIS market which may
indicate emerging risk; and
(ii) by monitoring and mitigating the risks of unplanned
service withdrawal.

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 providers);
(b) the functions conferred on the Commissioner by section 73U
(about approved quality auditors);
(c) to monitor registered NDIS provider compliance with their
conditions of registration, including in relation to the
screening of workers in accordance with the NDIS Practice
Standards;

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Section 181G

(d) to provide education, guidance and best practice information

to NDIS providers in relation to compliance matters;
(e) the functions relating to the notification and management of
reportable incidents conferred on the Commissioner by the
National Disability Insurance Scheme rules made for the
purposes of section 73Z;
(f) to support registered NDIS providers to develop and
implement effective incident management systems and to
build provider capability to prevent and manage incidents;
(g) to collect, correlate, analyse and disseminate information
relating to incidents, including reportable incidents, to
identify trends or systemic issues.

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 National Disability Insurance Scheme
rules made for the purposes of section 73X;
(b) to educate people about, and develop resources relating to,
best practice in the handling of:
(i) complaints arising out of, or in connection with, the
provision of supports or services by NDIS providers;
and
(ii) matters arising from such complaints;
(c) to build the capability of people with disability to pursue
complaints in relation to the provision of supports or services
by NDIS providers;
(d) to build NDIS provider capability to develop a culture of
learning and innovation to deliver high quality supports and
services, prevent incidents and respond to complaints;
(e) to collect, correlate, analyse and disseminate information
relating to complaints arising out of, or in connection with,
the provision of supports or services by NDIS providers.

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Section 181H

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, including by:
(a) building capability in the development of behaviour support
through:
(i) developing and implementing a competency framework
for registered NDIS providers whose registration
includes the provision of behaviour support assessments
and developing behaviour support plans; and
(ii) assessing the skills and experience of such providers
against the competency framework; and
(b) developing policy and guidance materials in relation to
behaviour supports and the reduction and elimination of the
use of restrictive practices by NDIS providers; and
(c) providing education, training and advice on the use of
behaviour supports and the reduction and elimination of the
use of restrictive practices; and
(d) overseeing the use of behaviour support and restrictive
practices, including by:
(i) monitoring registered NDIS provider compliance with
the conditions of registration relating to behaviour
support plans; and
(ii) collecting, analysing and disseminating data and other
information relating to the use of behaviour supports
and restrictive practices by NDIS providers; and
(e) undertaking and publishing research to inform the
development and evaluation of the use of behaviour supports
and to develop strategies to encourage the reduction and
elimination of restrictive practices by NDIS providers; and
(f) assisting the States and Territories to develop a regulatory
framework, including nationally consistent minimum
standards, in relation to restrictive practices:

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Section 181J

(i) in line with the National Framework for Reducing and

Eliminating the Use of Restrictive Practices in the
Disability Service Sector; and
(ii) consistent with the Convention on the Rights of Persons
with Disabilities done at New York on 13 December
2006.
Note: The Convention on the Rights of Persons with Disabilities is in
Australian Treaty Series 2008 No. 12 ([2008] ATS 12) and could in
2017 be viewed in the Australian Treaties Library on the AustLII
website (http://www.austlii.edu.au).

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 in the performance of
his or her functions for which he or she may charge fees; and
(b) the amount, or a method of working out the amount, of those
fees.
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the instrument (see regulations made for the purposes of
paragraph 54(2)(b) of that Act).

(3) A fee must not be such as to amount to taxation.

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 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
Legislation Act 2003 do not apply to the directions (see regulations
made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that
Act).

(2) A direction given under subsection (1):

(a) must not relate to a particular individual or provider; and

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Section 181L

(b) must not be inconsistent with this Act, the regulations or an

instrument made under this Act.
(3) The Commissioner must comply with a direction given under
subsection (1).
(4) Subsection (3) does not apply to the extent that the direction relates
to the Commissioner’s performance of functions or exercise of
powers under the following Acts in relation to the Commission:
(a) the Public Service Act 1999;
(b) the Public Governance, Performance and Accountability Act
2013.

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 period must not exceed 3 years.
Note: The Commissioner may be reappointed (see section 33AA of the Acts
Interpretation Act 1901).

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 office);
or
(b) during any period, or during all periods, when the
Commissioner:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the
office.
Note: For rules that apply to acting appointments, see sections 33AB and
33A of the Acts Interpretation Act 1901.

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Section 181N

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 be paid the remuneration that is determined
under paragraph (4)(a).
(2) The Commissioner is to be paid the allowances that are determined
under paragraph (4)(b).
(3) This section has effect subject to the Remuneration Tribunal Act
1973.
(4) The Minister may, by legislative instrument, determine:
(a) remuneration for the purposes of subsection (1); and
(b) allowances for the purposes of subsection (2).
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the instrument (see regulations made for the purposes of
paragraph 54(2)(b) of that Act).

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 leave, on the terms and conditions as to
remuneration or otherwise that the Minister determines in writing.

181Q Outside employment

The Commissioner must not engage in paid work outside the duties
of his or her office without the Minister’s approval.

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Section 181R

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.

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 specified in the resignation, on that
later day.

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 incapacity.
(2) The Minister may terminate the appointment of the Commissioner
if:
(a) the Commissioner:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of
bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the
benefit of his or her creditors; or
(b) the Commissioner is absent, except on leave of absence, for
14 consecutive days or for 28 days in any 12 months; or
(c) the Commissioner engages, without the Minister’s approval,
in paid work outside the duties of his or her office (see
section 181Q).

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NDIS Quality and Safeguards Commissioner Part 2

Section 181T

Note: The appointment of the Commissioner may also be terminated under

section 30 of the Public Governance, Performance and Accountability
Act 2013 (which deals with terminating the appointment of an
accountable authority, or a member of an accountable authority, for
contravening general duties of officials).

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Chapter 6A NDIS Quality and Safeguards Commission
Part 3 Staff etc. of the Commission

Section 181U

Part 3—Staff etc. of the Commission

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 Statutory Agency; and
(b) the Commissioner is the Head of that Statutory Agency.

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 conditions that
the Commissioner determines in writing.

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 employees of authorities of the
Commonwealth, a State or a Territory;
whose services are made available to the Commissioner in
connection with the performance of the Commissioner’s functions.

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 NDIS worker screening database Chapter 6B

Section 181X

Chapter 6B—NDIS worker screening

database

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 an assessment of
whether they, in working, or seeking to work, with people
with disability pose a risk to such people.

• One of the purposes of the database is to share information in

the database with persons or bodies (including employers and
potential employers) for the purposes of the National
Disability Insurance Scheme.

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 Commissioner,
section 55A allows the Commissioner to gather information for
inclusion in the database.

(2) The NDIS worker screening database must be kept in electronic

form.

Purposes of the database

(3) The purposes of the NDIS worker screening database are the
following:

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Section 181Y

(a) to maintain, for the purposes of the National Disability

Insurance Scheme, an up-to-date record of persons who,
under decisions made under NDIS worker screening laws,
have been found, in working, or seeking to work, with people
with disability not to pose a risk, or to pose a risk, to such
people;
(b) in relation to persons covered by paragraph (a)—to maintain
an up-to-date record of other decisions that relate to the
decisions covered by that paragraph;
(c) to share information in the database with persons or bodies
(including employers and potential employers) for the
purposes of the National Disability Insurance Scheme;
(d) any other purpose determined in an instrument under
subsection (8).
(4) Paragraphs (3)(a) to (c) do not limit paragraph (3)(d).

Information in the database

(5) The NDIS worker screening database may include the following
information for the purposes of subsection (3):
(a) information relating to persons (each of whom is a screening
applicant) who have made applications (each of which is a
screening application) for an NDIS worker screening check
and information relating to those applications;
(b) information relating to each screening applicant in respect of
whom a screening application is no longer being considered
and the reasons for this;
(c) information relating to each screening applicant in respect of
whom a decision (a clearance decision) (however described)
is in force, under an NDIS worker screening law, to the effect
that the person, in working, or seeking to work, with people
with disability does not pose a risk to such people and
information relating to the decision;
(d) information relating to any decisions made under an NDIS
worker screening law, in relation to each screening applicant,
while the screening applicant’s application is pending;

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Section 181Y

(e) information relating to each screening applicant in respect of

whom a decision (an exclusion decision) (however
described) is in force, under an NDIS worker screening law,
to the effect that the person, in working, or seeking to work,
with people with disability does pose a risk to such people
and information relating to the decision;
(f) if a clearance decision or an exclusion decision specifies the
period for which the decision is in force—information setting
out that period;
(g) information relating to each person in respect of whom a
decision (however described), under an NDIS worker
screening law, suspending a clearance decision has been
made and information relating to the suspension;
(h) information relating to each person in respect of whom a
decision (however described), under an NDIS worker
screening law, revoking a clearance decision or an exclusion
decision has been made and information relating to the
revocation;
(i) information relating to employers or potential employers of
persons who have made screening applications;
(j) any other information determined in an instrument under
subsection (8).
(6) Paragraphs (5)(a) to (i) do not limit paragraph (5)(j).

Database may include personal information

(7) The information included under paragraphs (5)(a) to (j) may
include personal information (within the meaning of the Privacy
Act 1988).

Legislative instrument
(8) The Minister may, by legislative instrument, do either or both of
the following:
(a) determine a purpose for the purposes of paragraph (3)(d);
(b) determine information for the purposes of paragraph (5)(j).

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Section 181Y

Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the instrument (see regulations made for the purposes of
paragraph 54(2)(b) of that Act).

Database not a legislative instrument

(9) The NDIS worker screening database is not a legislative
instrument.

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 Other matters Chapter 7
Debt recovery Part 1
Debts Division 1

Section 182

Chapter 7—Other matters

Part 1—Debt recovery
Division 1—Debts

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 of the
NDIS amount;
the amount of the payment is a debt due to the Agency by the
person and the debt is taken to arise when the person receives the
payment.
(2) Without limiting paragraph (1)(b), a person is taken not to have
been entitled to the payment of an NDIS amount if the payment
should not have been made for one or more of the following
reasons:
(a) the payment was made as a result of a computer error or an
administrative error;
(b) the payment was made as a result of:
(i) a contravention of this Act, the regulations or the
National Disability Insurance Scheme rules; or
(ii) a false or misleading statement or a misrepresentation;
(c) the payment was made in respect of a service funded under a
participant’s plan and the participant died before the service
was provided.
(3) If a person does not comply with subsection 46(1) in relation to an
NDIS amount, an equal amount is a debt due to the Agency by the
person.

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Part 1 Debt recovery
Division 1 Debts

Section 182

(4) The National Disability Insurance Scheme rules may provide that,
if records are not retained for the period prescribed as mentioned in
subsection 46(2) in relation to an NDIS amount, an equal or lesser
amount is a debt due to the Agency by the person.

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 Other matters Chapter 7
Debt recovery Part 1
Methods of recovery Division 2

Section 183

Division 2—Methods of recovery

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), (4) and (5), legal proceedings for the
recovery of the debt are not to be commenced after the end of the
period (the recovery period) of 6 years starting on the first day an
Agency officer becomes aware, or could reasonably be expected to
have become aware, of the circumstances that gave rise to the debt.
(3) If, within the recovery period, part of the debt is paid, legal
proceedings for the recovery of the balance of the debt may be
commenced within the period of 6 years starting on the day of
payment.
(4) If, within the recovery period, the person who owes the debt
acknowledges that he or she owes it, legal proceedings for the
recovery of the debt may be commenced within the period of 6
years starting on the day of acknowledgement.
(5) If, within the recovery period, any of the following activities
occurs:
(a) a review of a file relating to action for the recovery of the
debt;
(b) other internal Agency activity relating to action for the
recovery of the debt;
action under this section for the recovery of the debt may be
commenced within the period of 6 years after the end of the
activity.

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

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Division 2 Methods of recovery

Section 185

Agency under this Act, or the outstanding amount of such a debt,

in a way set out in the arrangement.
(2) An arrangement entered into under subsection (1) has effect, or is
taken to have had effect, on and after the day specified in the
arrangement as the day the arrangement commences (whether that
day is the day the arrangement is entered into or an earlier or later
day).
(3) If an arrangement entered into under subsection (1) does not
specify a day as mentioned in subsection (2), it has effect on and
after the day on which it is entered into.
(4) The CEO may terminate or alter an arrangement entered into under
subsection (1):
(a) at the debtor’s request; or
(b) after giving 28 days’ notice to the debtor of the proposed
termination or alteration; or
(c) without notice, if the CEO is satisfied that the person has
failed to disclose material information about his or her true
capacity to repay the debt.

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
intended to be made to someone who was not the person or
one of the persons in whose name or names the account was
kept;
the CEO may give a written notice to the institution setting out the
matters mentioned in paragraphs (a) and (b) and requiring the
institution to pay to the Agency, within a reasonable period stated
in the notice, the lesser of the following amounts:
(c) an amount specified in the notice, being an amount equal to
the NDIS amount or the sum of the NDIS amounts;

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Section 185

(d) the amount standing to the credit of the account when the
notice is received by the institution.
(2) If:
(a) an NDIS amount or NDIS amounts that are intended to be
made to or in respect of a person (the first person) are made
to a financial institution for the credit of an account that was
kept with the institution by the first person or by the first
person and one or more other persons; and
(b) the first person died before the payment or payments were
made;
the CEO may give a written notice to the institution setting out the
matters mentioned in paragraphs (a) and (b) and requiring the
institution to pay to the Agency, within a reasonable period stated
in the notice, the lesser of the following amounts:
(c) an amount specified in the notice that is equal to the NDIS
amount or the sum of the NDIS amounts;
(d) the amount standing to the credit of the account when the
notice is received by the institution.
(3) As soon as possible after issuing a notice under subsection (2), the
CEO must inform the deceased estate in writing of:
(a) the amount sought to be recovered from the deceased
person’s account; and
(b) the reasons for the recovery action.
(4) A financial institution must comply with a notice given to it under
subsection (1) or (2).
Penalty: 300 penalty units.
(5) It is a defence to a prosecution of a financial institution for failing
to comply with a notice given to it under subsection (1) or (2) if the
financial institution proves that it was incapable of complying with
the notice.
(6) If a notice is given to a financial institution under subsection (1)
(payment made to wrong account) or under subsection (2) (death of
person in whose name the account was kept) in respect of an NDIS

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Part 1 Debt recovery
Division 2 Methods of recovery

Section 185

amount or NDIS amounts, any amount recovered by the Agency

from the institution in respect of the debt reduces any debt owed to
the Agency by any other person in respect of the NDIS amount or
NDIS amounts.

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 Other matters Chapter 7
Debt recovery Part 1
Information relating to debts Division 3

Section 186

Division 3—Information relating to debts

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;
(b) produce to the Agency a document that the CEO has
reasonable grounds to believe is in the person’s custody, or
under the person’s control, and is relevant to the person’s
financial situation;
(c) if the person’s address changes—inform the Agency of the
new address within 14 days after the change.

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 to the Agency under this Act; or
(b) that is relevant to the debtor’s financial situation;
the CEO may require the person to give the information, or
produce the document, to the Agency.

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 that is required to
be given or produced; and

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Division 3 Information relating to debts

Section 189

(b) how the person is to give the information or produce the

document; and
(c) the period within which the person is to give the information
or produce the document to the Agency; and
(d) the Agency officer to whom the information is to be given or
the document is to be produced; and
(e) that the notice is given under this section.
(3) The period specified under paragraph (2)(c) must be a period of at
least 14 days beginning on the day on which the notice is given.
(4) The notice may require the person to give the information by
appearing before a specified Agency officer to answer questions.
(5) If the notice requires the person to appear before an Agency
officer, the notice must specify a time and place at which the
person is to appear. The time must be at least 14 days after the
notice is given.

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 an offence against this subsection,
subsection 4B(3) of the Crimes Act 1914 allows a court to impose a
fine of up to 5 times the penalty stated above.

(2) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to the matter in this
subsection: see subsection 13.3(3) of the Criminal Code.

(3) It is a reasonable excuse for an individual to refuse or fail to give

information or produce a document on the ground that to do so
might tend to incriminate the individual or expose the individual to
a penalty.

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 Other matters Chapter 7
Debt recovery Part 1
Non-recovery of debts Division 4

Section 190

Division 4—Non-recovery of debts

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,
and only if:
(a) the debt is irrecoverable at law; or
(b) the debtor has no capacity to repay the debt; or
(c) the debtor’s whereabouts are unknown after all reasonable
efforts have been made to locate the debtor; or
(d) it is not cost effective for the Agency to take action to
recover the debt.
(3) For the purposes of paragraph (2)(a), a debt is irrecoverable at law
if, and only if:
(a) the debt cannot be recovered by means of deductions, or legal
proceedings, because the relevant 6 year period mentioned in
section 183 has elapsed; or
(b) there is no proof of the debt capable of sustaining legal
proceedings for its recovery; or
(c) the debtor is discharged from bankruptcy and the debt was
incurred before the debtor became bankrupt and was not
incurred by fraud; or
(d) the debtor has died leaving no estate or insufficient funds in
the debtor’s estate to repay the debt.
(4) A decision made under subsection (1) takes effect:
(a) if no day is specified in the decision—on the day the decision
is made; or
(b) if a day is specified in the decision—on the day so specified
(whether that day is before, on or after the day the decision is
made).

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Part 1 Debt recovery
Division 4 Non-recovery of debts

Section 191

(5) Nothing in this section prevents anything being done at any time to
recover a debt that has been written off under this 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 waiver takes effect:
(a) on the day specified in the waiver (whether that day is before,
on or after the day the decision to waive is made); or
(b) if the waiver does not specify when it takes effect—on the
day the decision to waive is made.
Note: If the CEO waives the Agency’s right to recover all or part of a debt,
this is a permanent bar to recovery of the debt or part of the debt and
the debt or part of the debt effectively ceases to exist.

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 that gave rise to that proportion of the debt and:
(a) the debt is not raised within 6 weeks from the first payment
that caused the debt; or
(b) if the debt arose because a person has complied with a
notification obligation—the debt is not raised within 6 weeks
from the end of the notification period;
whichever is the later.
Note: This section does not allow waiver of a part of a debt that was caused
partly by administrative error and partly by one or more other factors
(such as error by the debtor).

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

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Debt recovery Part 1
Non-recovery of debts Division 4

Section 194

(b) it is not cost effective for the Agency to take action to

recover the debt.

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 the
debt and the amount that is the subject of the settlement.
(2) If the CEO has agreed to settle proceedings before the
Administrative Review Tribunal relating to recovery of a debt on
the basis that the debtor will pay less than the full amount of the
debt, the CEO must waive the right to recover the difference
between the debt and the amount that is the subject of the
settlement.
(3) If:
(a) the Agency has recovered at least 80% of the original value
of a debt from a debtor; and
(b) the Agency and the debtor agree that the recovery is in full
satisfaction for the whole of the debt; and
(c) the debtor cannot repay a greater proportion of the debt;
the CEO must waive the remaining 20% or less of the value of the
original debt.
(4) If the CEO and a debtor agree that the debtor’s debt will be fully
satisfied if the debtor pays the Agency an agreed amount that is
less than the amount of the debt outstanding at the time of the
agreement (the unpaid amount), the CEO must waive the right to
recover the difference between the unpaid amount and the agreed
amount.
(5) The CEO must not make an agreement described in subsection (4)
unless the CEO is satisfied that the agreed amount is at least the
present value of the unpaid amount if it is repaid in instalments of
amounts, and at times, determined by the CEO.

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Part 1 Debt recovery
Division 4 Non-recovery of debts

Section 195

(6) For the purposes of subsection (5), the present value of the unpaid
amount is the amount worked out in accordance with the method
prescribed by the National Disability Insurance Scheme rules.

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
representation; or
(ii) failing or omitting to comply with this Act, the
regulations or the National Disability Insurance Scheme
rules; and
(b) there are special circumstances (other than financial hardship
alone) that the CEO is satisfied make waiver appropriate; and
(c) the CEO is satisfied that waiver is more appropriate than
writing off the debt.

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 Other matters Chapter 7
General matters Part 2

Section 196

Part 2—General matters

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 addressed to the person
at his or her postal address last known to the CEO; or
(b) by giving the notice to the person personally; or
(c) in any other way the CEO considers appropriate.

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 the request or application if it is not in that form.
(2) If this Act, the regulations or the National Disability Insurance
Scheme rules permit the CEO to require information or documents
for the purposes of, or for purposes relating to, making a decision
or doing a thing, the CEO is not required to make the decision or
do the thing until the information or documents are provided.

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 by prepaid post addressed to the person
at his or her postal address last known to the Commissioner;
or
(b) by giving the notice to the person personally; or
(c) in any other way the Commissioner considers appropriate.

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Part 2 General matters

Section 197B

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 make a decision on the request or application if it is not in that
form.
(2) If this Act, the regulations or the National Disability Insurance
Scheme rules permit the Commissioner to require information or
documents for the purposes of, or for purposes relating to, making
a decision or doing a thing, the Commissioner is not required to
make the decision or do the thing until the information or
documents are provided.

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.

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 omitted to be done, in good faith, because
of section 74.

200 Evidentiary effect of CEO’s certificate

(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 certificate
signed by the CEO is prima facie evidence of the matters specified
in the certificate.
(2) The certificate may specify:

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Section 200A

(a) the person to whom, or in relation to whom, an NDIS amount

has been paid because of an act or omission for which the
person or another person has been convicted of an offence
against Part 7.3 or 7.4 of the Criminal Code relating to the
Agency or this Act; and
(b) the amount paid; and
(c) the act or omission.
Note: Parts 7.3 and 7.4 of the Criminal Code deal with certain fraudulent
conduct and false or misleading statements.

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.

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 jurisdiction has agreed to the
delegation.

Process for seeking agreement

(2A) The Minister must:
(a) give a notice (the original notice) in writing to one host
jurisdiction Minister for each host jurisdiction seeking the
agreement of that host jurisdiction to the delegation and
requesting the agreement be given before the end of 28 days
beginning on the day the notice is given; and
(b) provide a copy of the proposed instrument of delegation to
that host jurisdiction Minister.
(2B) If, immediately before the end of that 28-day period:

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(a) no host jurisdiction Minister for a host jurisdiction has

informed the Minister whether that host jurisdiction agrees to
the delegation; and
(b) no host jurisdiction Minister for that host jurisdiction has
made a request under subsection (2C);
then, at the end of that period, that host jurisdiction is taken to have
agreed to the delegation.
(2C) If, before the end of that 28-day period, a host jurisdiction Minister
for a host jurisdiction gives a notice in writing to the Minister
requesting a longer period within which that host jurisdiction may
agree to the delegation:
(a) that host jurisdiction may give that agreement before the end
of 90 days beginning on the day the original notice was
given; and
(b) if, immediately before the end of that 90-day period, no host
jurisdiction Minister for that host jurisdiction has informed
the Minister whether that host jurisdiction agrees to the
delegation, then, at the end of that period, that host
jurisdiction is taken to have so agreed.

CEO must comply with Ministerial directions

(3) When exercising powers under a delegation, the CEO must comply
with any directions of the Minister.

Limit on delegation
(4) Despite subsection (1), the power to make National Disability
Insurance Scheme rules for the purposes of the provisions listed in
subsection 201A(1) may not be delegated to the CEO.

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:

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(a) paragraph (b) of the definition of NDIS provider in section 9;

(b) section 67F (NDIS rules for exercise of Commissioner’s
disclosure powers);
(c) subsection 73B(1) (requirement to be a registered NDIS
provider);
(d) paragraphs 73E(1)(d), (e) and (f) (registration as a registered
NDIS provider);
(e) section 73H (conditions determined by NDIS rules);
(f) paragraphs 73N(1)(d), (e) and (f) (suspension of registration);
(g) paragraphs 73P(1)(d), (e) and (f) (revocation of registration);
(h) section 73Q (record keeping by registered NDIS providers);
(i) subsection 73T(1) (NDIS Practice Standards);
(ia) subsections 73U(4A) and (9A) (approved quality auditors);
(j) subsection 73V(1) (NDIS Code of Conduct);
(k) paragraph 73W(b) (complaints management and resolution
system);
(l) subsection 73X(1) (complaints management and resolution);
(m) paragraph 73Y(b) (incident management system);
(n) subsections 73Z(1) and (5) (reportable incidents);
(o) paragraph 73ZM(2)(h) (compliance notices);
(oa) subparagraphs 73ZN(1)(b)(iii) and (2)(a)(iii) and
paragraph 73ZN(2A)(a) (banning orders);
(p) paragraphs 73ZS(2A)(d), (2B)(d), (3)(l), (4)(h) and (5)(f) and
subsection 73ZS(7) (NDIS Provider Register);
(q) subsection 99(2) (reviewable decisions).
(1A) The Minister may, in writing, delegate to the Commissioner the
Minister’s power under subsection 181Y(8).
(2) When exercising powers under a delegation, the Commissioner
must comply with any directions of the Minister.

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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 subsection (1), the CEO may delegate the CEO’s powers
under Part 2 of Chapter 4 (privacy) only to an Agency officer who
is a member of staff of the Agency under section 169.
(3) A person exercising powers or functions under a delegation under
this section must comply with any directions of the CEO.

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
National Disability Insurance Scheme rules.
Note: See also sections 34AA and 34AB of the Acts Interpretation Act 1901.

(2) Despite subsection (1), the Commissioner may delegate the

Commissioner’s powers and functions under Part 2 of Chapter 4
(privacy) only to a member of staff of the Commission (see
section 181U).
(3) A person exercising powers or functions under a delegation under
this section must comply with any directions of the Commissioner.

202B Delegation of regulatory powers

(1) The Commissioner may, in writing, delegate the Commissioner’s
powers and functions under Division 8 of Part 3A of Chapter 4
(compliance and enforcement) to APS employees in the
Commission in accordance with the following table:

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Delegation of regulatory powers

Item The Commissioner may delegate to the following APS employees in
the following powers and the Commission …
functions …
1 any of the powers and functions an SES employee, or an acting SES
under that Division, including: employee, in the Commission
(a) powers under the Regulatory
Powers Act in relation to the
provisions of this Act; and
(b) powers and functions under the
Regulatory Powers Act that are
incidental to a power mentioned
in paragraph (a)
2 a power or function under an APS employee in the
subsection 73ZL(2) or (3) Commission who holds, or performs
(infringement notices), including: the duties of, an Executive Level 2,
(a) powers under Part 5 of the or equivalent, position
Regulatory Powers Act in
relation to the provisions of this
Act; and
(b) powers and functions under the
Regulatory Powers Act that are
incidental to a power mentioned
in paragraph (a)
3 a power or function under an APS employee in the
section 73ZM (compliance notices) Commission who holds, or performs
the duties of, an Executive Level 1
or 2, or equivalent, position
Note 1: The expressions SES employee, acting SES employee and APS
employee are defined in section 2B of the Acts Interpretation Act
1901.
Note 2: See also sections 34AA and 34AB of the Acts Interpretation Act 1901.

(2) Before delegating a power or function under subsection (1) to an

APS employee covered by item 2 or 3 of the table in that
subsection, the Commissioner must have regard to:

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(a) if the power or function is delegated to an APS employee

holding, occupying, or performing the duties of, a specified
office or position—whether the office or position is
sufficiently senior for the employee to exercise the power or
perform the function; or
(b) otherwise—whether the employee has appropriate
qualifications or expertise to exercise the power or perform
the function.
(3) A person exercising powers or performing functions under a
delegation under subsection (1) must comply with any directions of
the Commissioner.

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 person, but with the changes mentioned in
subsections (3), (4) and (5).
(2) In addition:
(a) Division 2 of Part 1 of Chapter 4; and
(b) Part 2 of Chapter 4;
apply to an entity as if the entity were a person, but with the
changes mentioned in subsections (3), (4) and (5).
(3) An obligation that would be imposed on the entity is imposed
instead on:
(a) if the entity is a partnership—each partner; or
(b) in any other case—each member of the committee of
management of the entity;
but may be discharged by any of the partners or any of those
members.

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(4) A thing that the entity would be permitted to do may instead be

done by:
(a) if the entity is a partnership—any partner; or
(b) in any other case—any member of the committee of
management of the entity.
(5) An offence against this Act that would otherwise be committed by
the entity is taken instead to have been committed by:
(a) if the entity is a partnership—any partner:
(i) who was knowingly concerned in, or party to, the act or
omission constituting the offence; or
(ii) who aided, abetted, counselled or procured that act or
omission; or
(b) in any other case—any member of the committee of
management of the entity:
(i) who was knowingly concerned in, or party to, the act or
omission constituting the offence; or
(ii) who aided, abetted, counselled or procured that act or
omission.
(6) This section applies to a contravention of a civil penalty provision
in a corresponding way to the way in which it applies to an
offence.
(7) For the purposes of this Act, a change in the composition of a
partnership does not affect the continuity of the partnership.

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
within a longer period.

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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
Disability Insurance Scheme rules for the purposes of this
subsection.

(2) The report must not include personal information (within the
meaning of the Privacy Act 1988).

(3) The Minister must cause a copy of the report to be laid before each
House of the Parliament within 15 sitting days of that House after
the Minister receives it.

Exercise of Commonwealth Ombudsman’s powers

(4) The Commonwealth Ombudsman’s powers under the Ombudsman

Act 1976 extend to the preparation of a report by the Ombudsman
under this section as if the preparation of the report were an
investigation by the Ombudsman under that Act.

(5) The exercise of those powers in relation to the preparation of a

report by the Ombudsman under this section is taken, for all
purposes, to be an exercise of powers under the Ombudsman Act
1976.

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Section 205

Part 3—Constitutional matters

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 Crown from
being liable to pay a pecuniary penalty under section 73ZK or
73ZL.
Note: Section 73ZK deals with civil penalty orders and section 73ZL deals
with infringement notices.

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 hospital benefits;
or
(b) the provision of medical services or dental services (without
any form of civil conscription).
(2) Without limiting its effect apart from this subsection, this Act also
has the effect it would have if its operation were expressly
confined to acts, matters or things occurring in, or in relation to, a
Territory or a place acquired by the Commonwealth for a public
purpose.
(4) Without limiting its effect apart from this subsection, this Act also
has the effect it would have if its operation were expressly
confined to acts, matters or things in relation to communication by
means of a postal, telegraphic, telephonic or other like service
(within the meaning of paragraph 51(v) of the Constitution).

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(5) Without limiting its effect apart from this subsection, this Act also
has the effect it would have if its operation were expressly
confined to acts, matters or things in relation to census and
statistics (within the meaning of paragraph 51(xi) of the
Constitution).
(7) Without limiting its effect apart from this subsection, this Act also
has the effect it would have if its operation were expressly
confined to acts, matters or things in relation to:
(a) the Commonwealth; or
(b) an authority of the Commonwealth.

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 Act.
(2) The regulations may prescribe kinds of laws of States and
Territories as examples of laws to which subsection (1) applies.
Note: Before the regulations can be made, the Minister must be satisfied that
the Commonwealth and all the host jurisdictions agree: see
paragraph 210(2)(b).

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
law of the State or Territory, without the written agreement of the
relevant Minister of the State or Territory.
(2) The Commissioner 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 an authority of a State or a Territory, without the
written agreement of the relevant Minister of the State or Territory.

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Section 209

Part 5—Legislative instruments

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
National Disability Insurance Scheme rules; or
(b) necessary or convenient to be prescribed in order to carry out
or give effect to this Act.
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to National Disability Insurance Scheme rules (see regulations
made for the purposes of paragraph 54(2)(b) of that Act).

(1A) Without limiting subsection 33(3A) of the Acts Interpretation Act

1901, rules made for the purposes of subsection (1) of this section:
(a) may be of general application or may be limited as provided
in the rules; and
(b) may make different provision in relation to different kinds of
providers, supports, services, circumstances or any other
matter.
(2) Despite subsection 14(2) of the Legislation Act 2003, National
Disability Insurance Scheme rules may make provision for or in
relation to a matter by applying, adopting or incorporating any
matter contained in an instrument or other writing as in force or
existing from time to time.
(2A) The National Disability Insurance Scheme rules may provide for:
(a) the CEO to specify assessment tools; and
(b) the circumstances in which the CEO is to use the tools; and
(c) matters relating to how the Agency, the CEO and other
specified persons are to engage with participants or
prospective participants; and

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(d) matters relating to how participants or prospective

participants are to engage with the Agency, the CEO and
other specified persons.
(3) When making National Disability Insurance Scheme rules, the
Minister must have regard to:
(a) the objects and principles of this Act; and
(b) the need to ensure the financial sustainability of the National
Disability Insurance Scheme.
(4) The Minister must not make Category A National Disability
Insurance Scheme rules unless the Commonwealth and each host
jurisdiction have agreed to the making of the rules.
(5) The Minister must not make Category B National Disability
Insurance Scheme rules relating to an area, law or program of a
host jurisdiction unless the host jurisdiction has agreed to the
making of the rules.
(6) The Minister must not make Category C National Disability
Insurance Scheme rules unless the Commonwealth and a majority
of host jurisdictions have agreed to the making of the rules.
(6A) A failure to comply with subsection (4), (5) or (6) does not
invalidate the making of National Disability Insurance Scheme
rules if the Minister reasonably believed, when making those rules:
(a) for Category A National Disability Insurance Scheme rules:
(i) that sections 209A, 209B and 209C, as applicable, were
complied with in relation to the making of the rules; and
(ii) that each host jurisdiction had agreed to the making of
the rules; or
(b) for Category B National Disability Insurance Scheme rules
relating to an area, law or program of a host jurisdiction:
(i) that section 209D was complied with in relation to the
making of the rules; and
(ii) that the host jurisdiction had agreed to the making of the
rules; or
(c) for Category C National Disability Insurance Scheme rules:

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(i) that section 209D was complied with in relation to the

making of the rules; and
(ii) that the Commonwealth and a majority of host
jurisdictions had agreed to the making of the rules.
(7) The Minister must not make Category D National Disability
Insurance Scheme rules unless each host jurisdiction has been
consulted in relation to the making of the rules.
(8) The following table sets out the categories of National Disability
Insurance Scheme rules for the purposes of this section.
Categories of National Disability Insurance Scheme rules
Item Category of rules Description
1 Category A Rules made for the purposes of any of the following
National Disability provisions:
Insurance Scheme (aaa) subsections 10(1) and (4), paragraph 10(6)(a),
rules subparagraph 10(6)(d)(iv), paragraph 10(7)(c) and
subsection 10(8);
(aa) subsection 14(3);
(a) section 17;
(ba) section 25;
(c) section 27;
(ca) subsection 29(3);
(caa) paragraph 30(6A)(f);
(cb) subsections 30A(1) and (2) and paragraphs
30A(7A)(f) and (9)(a);
(cba) subsection 32B(1);
(cbb) subparagraph 32C(c)(ii);
(cc) subparagraph 32D(6)(b)(ii), paragraph 32D(6)(f)
and subsection 32D(8);
(cd) subsection 32E(4);
(ce) paragraph 32F(7)(c);
(cf) subsection 32G(4);
(cg) paragraph 32H(2)(d);
(ch) section 32J;
(cha) subsection 32K(1);

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Categories of National Disability Insurance Scheme rules

Item Category of rules Description
(ci) subsections 32L(2), (6) and (7A);
(d) section 33, other than paragraph 33(4)(a);
(e) section 35;
(ea) paragraph 36(3A)(f);
(eaa) subsection 41(3);
(eab) paragraph 43(2C)(c) and subsection 43(2D);
(eac) subparagraph 44(1)(b)(ii) and
subsections 44(3), (4) and (5);
(ead) paragraph 45A(5)(b);
(eb) paragraph 47A(1)(b),
subparagraph 47A(1AB)(j)(iii),
paragraph 47A(2A)(f) and subsection 47A(6);
(f) subsection 48(5);
(h) paragraph 74(3C)(c), subparagraph 74(4)(b)(ii)
and subsection 74(6);
(i) section 75;
(j) section 76;
(k) section 80;
(l) section 88;
(m) section 93.
All other rules, except Category B National Disability
Insurance Scheme rules, Category C National
Disability Insurance Scheme rules and Category D
National Disability Insurance Scheme rules
2 Category B Rules made for the purposes of any of the following
National Disability provisions:
Insurance Scheme (d) section 58;
rules (e) section 73H, to the extent that the rules deal with
conditions on classes of registration relating to
behaviour support;
(f) subsection 73T(1), to the extent that the NDIS
Practice Standards deal with the screening of
workers involved in the provision of supports or

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Categories of National Disability Insurance Scheme rules

Item Category of rules Description
services to people with disability under the
National Disability Insurance Scheme.
3 Category C Rules made for the purposes of any of the following
National Disability provisions:
Insurance Scheme (a) paragraph 20(2)(b);
rules (ab) paragraph 32(4)(b);
(ac) paragraph 32D(4)(a);
(b) paragraph 33(4)(a);
(c) paragraph 47A(8)(a);
(d) paragraph 48(8)(a);
(e) subsection 49(2);
(f) section 50J;
(g) paragraphs 89(1)(c) and (3)(c);
(h) subparagraph 90(3)(a)(ii);
(i) paragraph 100(6A)(a);
(j) subsection 174(3);
(k) section 204;
(l) subsection 204A(1);
(m) paragraphs (2A)(c) and (d) of this section.
4 Category D Rules made for the purposes of any of the following
National Disability provisions:
Insurance Scheme (a) paragraph (b) of the definition of NDIS provider
rules in section 9;
(aa) subsection 32B(3);
(ab) paragraph 32BA(1)(b),
subparagraph 32BA(5)(a)(ii) and paragraphs
32BA(5)(c) and (6)(c);
(b) section 40;
(ba) section 45;
(c) section 46;
(ca) section 67;
(cb) paragraph 67A(1)(db);

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Categories of National Disability Insurance Scheme rules

Item Category of rules Description
(d) section 67F;
(e) subsection 73B(1);
(f) paragraphs 73E(1)(d), (e) and (f);
(g) section 73H, other than to the extent covered by
table item 2;
(h) paragraphs 73N(1)(d), (e) and (f);
(i) paragraphs 73P(1)(d), (e) and (f);
(j) section 73Q;
(k) subsection 73T(1), other than to the extent
covered by table item 2;
(ka) subsections 73U(4A) and (9A);
(l) subsection 73V(1);
(m) paragraph 73W(b);
(n) subsection 73X(1);
(o) paragraph 73Y(b);
(p) subsections 73Z(1) and (5);
(q) paragraph 73ZM(2)(h);
(qa) subparagraphs 73ZN(1)(b)(iii) and (2)(a)(iii) and
paragraph 73ZN(2A)(a);
(r) paragraphs 73ZS(2A)(d), (2B)(d), (3)(l), (4)(h)
and (5)(f);
(s) subsection 73ZS(7);
(t) subsection 99(2);
(u) section 106;
(v) section 107;
(w) section 182;
(x) section 194.

(9) To avoid doubt, the National Disability Insurance Scheme rules

may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:

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(i) arrest or detention; or

(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated
Revenue Fund under an appropriation in this Act;
(e) directly amend the text of this Act.
(10) National Disability Insurance Scheme rules that are inconsistent
with the regulations have no effect to the extent of the
inconsistency, but National Disability Insurance Scheme rules are
taken to be consistent with the regulations to the extent that the
National Disability Insurance Scheme rules are capable of
operating concurrently with the regulations.

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 209B(2)):
(a) give a notice in writing to the Disability Minister for that host
jurisdiction seeking the agreement of that host jurisdiction to
the making of the rules and requesting the agreement be
given before the end of 14 days beginning on the day the
notice is given; and
(b) provide a copy of the proposed rules to that Disability
Minister.
(2) The Disability Minister for a host jurisdiction may, before the end
of the 14-day period, give the Minister and each other Disability
Minister for a host jurisdiction:
(a) a notice in writing that that host jurisdiction agrees to the
making of the rules; or
(b) a notice in writing that that host jurisdiction does not agree to
the making of the rules.

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(3) A notice under paragraph (2)(b) must set out reasons why the host
jurisdiction does not agree to the making of the rules.
(4) Those reasons must be given having regard to the objects of this
Act and the principles in section 4.
(5) A notice under paragraph (2)(b) is taken:
(a) never to have been given if it does not comply with
subsection (3); and
(b) not to have been invalidly given only because it does not
comply with subsection (4).
(6) If the Disability Minister for a host jurisdiction does not, before the
end of the 14-day period, inform the Minister whether the host
jurisdiction agrees to the making of the rules, then the host
jurisdiction is taken to have agreed to the making of the rules.
(7) If the Disability Minister for a host jurisdiction gives the Minister a
notice under paragraph (2)(b) before the end of the 14-day period,
the Minister may before the end of 7 days after the end of that
period either:
(a) do both of the following:
(i) give a notice in writing to the Disability Minister for
each host jurisdiction seeking the agreement of that host
jurisdiction to the making of a different version of the
rules and requesting the agreement be given before the
end of 14 days beginning on the day the notice under
this subparagraph is given;
(ii) provide a copy of that different version to each of those
Disability Ministers; or
(b) if the Minister is of the opinion that the dispute resolution
process set out in section 209C should apply in relation to the
rules—give a notice in writing stating that opinion to the
Prime Minister and to each Disability Minister for a host
jurisdiction.
(8) If the Minister gives notice, and provides a copy, of rules under
paragraph (7)(a), then subsections (2) to (7) apply in relation to
those rules as if:

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Section 209B

(a) notice of those rules had been given under paragraph (1)(a)
and a copy of those rules had been provided under
paragraph (1)(b); and
(b) the 14-day period for the purposes of those subsections were
the 14-day period mentioned in subparagraph (7)(a)(i).

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 substantial financial
or policy implications for the National Disability Insurance
Scheme.
(2) The Minister may, instead of complying with subsection 209A(1):
(a) give a notice in writing to the Disability Minister for each
host jurisdiction that the Minister:
(i) is proposing to make the rules; and
(ii) considers that the rules do not have any substantial
financial or policy implications for the National
Disability Insurance Scheme; and
(b) provide a copy of the proposed rules to that Disability
Minister.
(3) The Disability Minister for a host jurisdiction may, before the end
of 7 days after the day the notice is given, give the Minister and
each other Disability Minister for a host jurisdiction a notice in
writing that that host jurisdiction does not agree to the making of
the rules.
(4) A notice under subsection (3) must set out reasons why the host
jurisdiction does not agree to the making of the rules.
(5) Those reasons must be given having regard to:
(a) the objects of this Act and the principles in section 4; and

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Chapter 7 Other matters
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Section 209B

(b) whether the rules have any substantial financial or policy

implications for the National Disability Insurance Scheme.
(6) A notice under subsection (3) is taken:
(a) never to have been given if it does not comply with
subsection (4); and
(b) not to have been invalidly given only because it does not
comply with subsection (5).
(7) If no Disability Minister for a host jurisdiction gives a notice under
subsection (3) in relation to the rules, then each host jurisdiction is
taken to have agreed to the making of the rules.
(8) If the Disability Minister for a host jurisdiction gives the Minister a
notice under subsection (3) before the end of the 7-day period, the
Minister may before the end of 7 days after the end of that period
either:
(a) do both of the following:
(i) give a notice in writing to the Disability Minister for
each host jurisdiction that the Minister is proposing to
make a different version of the rules, if the Minister
considers that the different version does not have any
substantial financial or policy implications for the
National Disability Insurance Scheme;
(ii) provide a copy of that different version to each of those
Disability Ministers; or
(b) if the Minister is of the opinion that the dispute resolution
process set out in section 209C should apply in relation to the
rules—give a notice in writing stating that opinion to the
Prime Minister and to each Disability Minister for a host
jurisdiction.
(9) If the Minister gives notice, and provides a copy, of rules under
paragraph (8)(a), then subsections (3) to (8) apply in relation to
those rules as if notice of those rules had been given under
paragraph (2)(a) and a copy of those rules had been provided under
paragraph (2)(b).

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 Other matters Chapter 7
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Section 209C

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
Prime Minister is given a notice under paragraph 209A(7)(b) or
209B(8)(b) in relation to proposed Category A National Disability
Insurance Scheme rules:
(a) give a notice in writing to the First Minister of each host
jurisdiction seeking the agreement of that host jurisdiction to
the making of the rules and requesting the agreement be
given before the end of 14 days beginning on the day the
notice under this paragraph is given; and
(b) provide a copy of the proposed rules to each First Minister.
(3) The First Minister for a host jurisdiction may, before the end of the
14-day period, give the Prime Minister and each other First
Minister for a host jurisdiction:
(a) a notice in writing that that host jurisdiction agrees to the
making of the rules; or
(b) a notice in writing that that host jurisdiction does not agree to
the making of the rules.
(4) A notice under paragraph (3)(b) must set out reasons why the host
jurisdiction does not agree to the making of the rules.
(5) Those reasons must be given having regard to:
(a) the objects of this Act and the principles in section 4; and
(b) if notice was given under paragraph 209B(2)(a) or
subparagraph 209B(8)(a)(i) in relation to the rules—whether
the rules have any substantial financial or policy implications
for the National Disability Insurance Scheme.
(6) A notice under paragraph (3)(b) is taken:
(a) never to have been given if it does not comply with
subsection (4); and

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Chapter 7 Other matters
Part 5 Legislative instruments

Section 209C

(b) not to have been invalidly given only because it does not
comply with subsection (5).
(7) If the First Minister for a host jurisdiction does not, before the end
of the 14-day period, give the Prime Minister a notice under
paragraph (3)(a) or (b), then the First Minister is taken for the
purposes of subsections (8) and (9) to have given the Prime
Minister a notice under paragraph (3)(a) that the host jurisdiction
agrees to the making of the rules.
(8) Each host jurisdiction is taken to have agreed to the making of the
rules if a majority of the First Ministers of the host jurisdictions
give the Prime Minister a notice under paragraph (3)(a) in relation
to the rules before the end of the 14-day period.
(9) If a majority of the First Ministers of the host jurisdictions do not
give the Prime Minister notices under paragraph (3)(a) in relation
to the rules before the end of the 14-day period, the Prime Minister
may, before the end of 7 days after the end of the 14-day period:
(a) give a notice in writing to the First Minister for each host
jurisdiction seeking the agreement of that host jurisdiction to
the making of a different version of the rules and requesting
the agreement be given before the end of 14 days beginning
on the day the notice under this paragraph is given; and
(b) provide a copy of that different version to each of those First
Ministers.
(10) If the Prime Minister gives notice, and provides a copy, of rules
under paragraphs (9)(a) and (b), then subsections (3) to (9) apply in
relation to those rules as if:
(a) notice of those rules had been given under paragraph (2)(a)
and a copy of those rules had been provided under
paragraph (2)(b); and
(b) the 14-day period for the purposes of those subsections were
the 14-day period mentioned in paragraph (9)(a).

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 Other matters Chapter 7
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Section 209D

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 Scheme rules, the Minister must:
(a) give a notice (the original notice) in writing to one host
jurisdiction Minister for that host jurisdiction seeking the
agreement of that host jurisdiction to the making of the rules
and requesting the agreement be given before the end of 28
days beginning on the day the notice is given; and
(b) provide a copy of the proposed rules to that host jurisdiction
Minister.
(2) If, immediately before the end of that 28-day period:
(a) no host jurisdiction Minister for a host jurisdiction has
informed the Minister whether that host jurisdiction agrees to
the making of the rules; and
(b) no host jurisdiction Minister for that host jurisdiction has
made a request under subsection (3);
then, at the end of that period, that host jurisdiction is taken to have
agreed to the making of the rules.
(3) If, before the end of that 28-day period, a host jurisdiction Minister
for a host jurisdiction gives a notice in writing to the Minister
requesting a longer period within which that host jurisdiction may
agree to the making of the rules:
(a) that host jurisdiction may give that agreement before the end
of 90 days beginning on the day the original notice was
given; and
(b) if, immediately before the end of that 90-day period, no host
jurisdiction Minister for that host jurisdiction has informed
the Minister whether that host jurisdiction agrees to the
making of the rules, then, at the end of that period, that host
jurisdiction is taken to have so agreed.

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Chapter 7 Other matters
Part 5 Legislative instruments

Section 210

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 effect to this Act.
(2) Before the Governor-General makes regulations under
subsection (1), the Minister must:
(a) if the regulations are for the purposes of section 130, 150 or
162 (which relate to the remuneration and allowances of
Board members, members of the Advisory Council and the
CEO)—consult the host jurisdictions about the making of the
regulations; or
(b) otherwise—be satisfied that the Commonwealth and each
host jurisdiction have agreed to the making of the
regulations.

Process for seeking agreement of host jurisdiction

(3) In seeking the agreement of a host jurisdiction to the making of
regulations under this section, the Minister must:
(a) give a notice (the original notice) in writing to one host
jurisdiction Minister for that host jurisdiction seeking the
agreement of that host jurisdiction to the making of the
regulations and requesting the agreement be given before the
end of 28 days beginning on the day the notice is given; and
(b) provide a copy of the proposed regulations to that host
jurisdiction Minister.
(4) If, immediately before the end of that 28-day period:
(a) no host jurisdiction Minister for a host jurisdiction has
informed the Minister whether that host jurisdiction agrees to
the making of the regulations; and
(b) no host jurisdiction Minister for that host jurisdiction has
made a request under subsection (5);
then, at the end of that period, that host jurisdiction is taken to have
agreed to the making of the regulations.

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 Other matters Chapter 7
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Section 211

(5) If, before the end of that 28-day period, a host jurisdiction Minister
for a host jurisdiction gives a notice in writing to the Minister
requesting a longer period within which that host jurisdiction may
agree to the making of the regulations:
(a) that host jurisdiction may give that agreement before the end
of 90 days beginning on the day the original notice was
given; and
(b) if, immediately before the end of that 90-day period, no host
jurisdiction Minister for that host jurisdiction has informed
the Minister whether that host jurisdiction agrees to the
making of the regulations, then, at the end of that period, that
host jurisdiction is taken to have so agreed.

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 contained in
an explanatory statement for the instrument must:
(a) describe the nature of the consultation; and
(b) describe in general terms the persons, bodies or organisations
who were consulted; and
(c) contain a summary of the views expressed by those persons,
bodies or organisations.
Note: For this purpose consultation includes, but is not limited to,
consultation undertaken for the purposes of section 209 of this Act.
See also sections 17 and 19 of the Legislation Act 2003.

(2) The description must not identify a person, body or organisation, or

reveal the views of a person, body or organisation, except with the
agreement of the person, body or organisation.

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Endnotes

Endnote 1—About the endnotes

Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that
has amended (or will amend) the compiled law. The information includes
commencement details for amending laws and details of any application, saving
or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at
the provision (generally section or equivalent) level. It also includes information
about any provision of the compiled law that has been repealed in accordance
with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make
editorial and presentational changes to a compiled law in preparing a
compilation of the law for registration. The changes must not change the effect
of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief
outline of the changes in general terms. Full details of any changes can be
obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe
how an amendment is to be made. If, despite the misdescription, the amendment

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 Endnotes

Endnote 1—About the endnotes

can be given effect as intended, then the misdescribed amendment can be

incorporated through an editorial change made under section 15V of the
Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the
amendment is not incorporated and “(md not incorp)” is added to the
amendment history.

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Endnotes

Endnote 2—Abbreviation key

Endnote 2—Abbreviation key

ad = added or inserted o = order(s)

am = amended Ord = Ordinance
amdt = amendment orig = original
c = clause(s) par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x /sub-subparagraph(s)
Ch = Chapter(s) pres = present
def = definition(s) prev = previous
Dict = Dictionary (prev…) = previously
disallowed = disallowed by Parliament Pt = Part(s)
Div = Division(s) r = regulation(s)/rule(s)
ed = editorial change reloc = relocated
exp = expires/expired or ceases/ceased to have renum = renumbered
effect rep = repealed
F = Federal Register of Legislation rs = repealed and substituted
gaz = gazette s = section(s)/subsection(s)
LA = Legislation Act 2003 Sch = Schedule(s)
LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given SLI = Select Legislative Instrument
effect SR = Statutory Rules
(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)
cannot be given effect SubPt = Subpart(s)
mod = modified/modification underlining = whole or part not
No. = Number(s) commenced or to be commenced

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 Endnotes

Endnote 3—Legislation history

Endnote 3—Legislation history

Act Number Assent Commencement Application,

and year saving and
transitional
provisions

National Disability 20, 2013 28 Mar 2013 s 3–12, 55–73 and

Insurance Scheme Act 117–210: 29 Mar
2013 2013 (s 2(1) items 2,
5, 6, 9)
s 13–54 and 74–116:
1 July 2013 (s 2(1)
items 3, 4, 7, 8)
Remainder: 28 Mar
2013 (s 2(1) item 1)
National Disability 44, 2013 28 May 2013 Sch 1 (items 1–19, Sch 1 (items 28, 46,
Insurance Scheme 21–26, 33–43, 46, 55)
Legislation Amendment 56–58): 1 July 2013
Act 2013 (s 2(1) items 2, 4, 6,
7, 9, 11)
Sch 1 (items 20, 27–
32, 44, 45, 47–55):
29 May 2013 (s 2(1)
items 3, 5, 8, 10)
Aged Care (Living 76, 2013 28 June 2013 Sch 4 (items 5A– —
Longer Living Better) 5D): 1 Aug 2013 (s
Act 2013 2(1) item 5)
Social Services and 14, 2014 31 Mar 2014 Sch 12 (items 27, Sch 12 (item 28)
Other Legislation 28): 1 Apr 2014 (s
Amendment Act 2014 2(1) item 8)
Public Governance, 62, 2014 30 June 2014 Sch 10 (items 36– Sch 14
Performance and 53) and Sch 14:
Accountability 1 July 2014 (s 2(1)
(Consequential and items 6, 14)
Transitional Provisions)
Act 2014

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Endnotes

Endnote 3—Legislation history

Act Number Assent Commencement Application,

and year saving and
transitional
provisions

as amended by
Public Governance 36, 2015 13 Apr 2015 Sch 2 (items 7–9) Sch 7
and Resources and Sch 7: 14 Apr
Legislation 2015 (s 2)
Amendment Act
(No. 1) 2015
as amended by
Acts and 126, 2015 10 Sept 2015 Sch 1 (item 486): 5 —
Instruments Mar 2016 (s 2(1)
(Framework item 2)
Reform)
(Consequential
Provisions) Act
2015
Acts and Instruments 126, 2015 10 Sept 2015 Sch 1 (item 495): 5 —
(Framework Reform) Mar 2016 (s 2(1)
(Consequential item 2)
Provisions) Act 2015
Acts and Instruments 126, 2015 10 Sept 2015 Sch 1 (items 395– —
(Framework Reform) 397): 5 Mar 2016 (s
(Consequential 2(1) item 2)
Provisions) Act 2015
National Disability 51, 2016 5 May 2016 Sch 1: 1 July 2016 —
Insurance Scheme (s 2(1) item 2)
Amendment Act 2016
Statute Update Act 2016 61, 2016 23 Sept 2016 Sch 3 (item 31): 21 —
Oct 2016 (s 2(1)
item 1)

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 Endnotes

Endnote 3—Legislation history

Act Number Assent Commencement Application,

and year saving and
transitional
provisions

National Disability 131, 2017 13 Dec 2017 Sch 1: 1 July 2018 Sch 1 (item 81)
Insurance Scheme (s 2(1) item 2)
Amendment (Quality
and Safeguards
Commission and Other
Measures) Act 2017
National Disability 82, 2019 2 Oct 2019 3 Oct 2019 (s 2(1) —
Insurance Scheme item 1)
Amendment (Worker
Screening Database) Act
2019
National Disability 113, 2019 9 Dec 2019 10 Dec 2019 (s 2(1) Sch 1 (item 26) and
Insurance Scheme item 1) Sch 2 (item 4)
Amendment
(Streamlined
Governance) Act 2019
National Disability 103, 2020 20 Nov 2020 21 Nov 2020 (s 2(1) Sch 1 (items 7, 8)
Insurance Scheme item 1)
Amendment
(Strengthening Banning
Orders) Act 2020
Social Services and 107, 2020 26 Nov 2020 Sch 3 (item 10): 27 —
Other Legislation Nov 2020 (s 2(1)
Amendment (Omnibus) item 3)
Act 2020
Federal Circuit and 13, 2021 1 Mar 2021 Sch 2 (items 612– —
Family Court of 614): 1 Sept 2021 (s
Australia (Consequential 2(1) item 5)
Amendments and
Transitional Provisions)
Act 2021

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Endnotes

Endnote 3—Legislation history

Act Number Assent Commencement Application,

and year saving and
transitional
provisions

National Disability 116, 2021 28 Oct 2021 29 Oct 2021 (s 2(1) Sch 1 (items 46–51)
Insurance Scheme item 1)
Amendment (Improving
Supports for At Risk
Participants) Act 2021
National Disability 27, 2022 1 Apr 2022 Sch 1 (items 1, 4– Sch 1 (items 63–71),
Insurance Scheme 12, 14, 16, 30, 34– Sch 2 (items 54–57)
Amendment (Participant 36, 38, 40, 42, 43, and Sch 3
Service Guarantee and 52–57, 59, 60, 63, (items 55–61)
Other Measures) Act 64, 66, 67, 70, 71)
2022 and Sch 3 (items 1–
61): 8 Apr 2022 (s
2(1) items 2, 4, 6, 8,
10, 12, 14, 16, 18,
20, 22, 24, 26, 28,
30)
Sch 1 (items 2, 3,
13, 15, 17–29, 31–
33, 37, 39, 41, 44–
51, 58, 61, 65, 68,
69) and Sch 2:
1 July 2022 (s 2(1)
items 3, 5, 7, 9, 11,
13, 15, 17, 19, 21,
23, 25, 27, 29)
Statute Law Amendment 74, 2023 20 Sept 2023 Sch 4 (item 55): 18 —
(Prescribed Forms and Oct 2023 (s 2(1)
Other Updates) Act 2023 item 3)
Administrative Review 38, 2024 31 May 2024 Sch 3 (items 102– —
Tribunal (Consequential 104, 215): 14 Oct
and Transitional 2024 (s 2(1) item 2)
Provisions No. 1) Act
2024

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 Endnotes

Endnote 3—Legislation history

Act Number Assent Commencement Application,

and year saving and
transitional
provisions

COAG Legislation 54, 2024 5 July 2024 Sch 2 (items 20–24, Sch 2 (items 94–98)
Amendment Act 2024 94–98): 6 July 2024
(s 2(1) items 3, 6)
National Disability 81, 2024 5 Sept 2024 Sch 1 (items 1– Sch 1 (items 124–
Insurance Scheme 122D, 124–139) and 139) and Sch 2
Amendment (Getting the Sch 2: 3 Oct 2024 (s (items 9–11)
NDIS Back on Track 2(1) item 1)
No. 1) Act 2024

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Endnotes

Endnote 4—Amendment history

Endnote 4—Amendment history

Provision affected How affected

Chapter 1
Part 2
s 3.................................................... am No 44, 2013; No 131, 2017; No 27, 2022; No 54, 2024; No 81,
2024
s 4.................................................... am No 44, 2013; No 131, 2017; No 27, 2022
s 5.................................................... am No 27, 2022
Part 3
s 8.................................................... am No 131, 2017; No 82, 2019; No 27, 2022; No 81, 2024
Part 4
s 9.................................................... am No 44, 2013; No 76, 2013; No 62, 2014; No 131, 2017; No 82,
2019; No 113, 2019; No 116, 2021; No 27, 2022; No 54, 2024; No
81, 2024
s 9A................................................. ad No 27, 2022
s 10.................................................. am No 126, 2015
rep No 27, 2022
ad No 81, 2024
s 10A............................................... ad No 131, 2017
rep No 27, 2022
s 10B ............................................... ad No 82, 2019
am No 81, 2024
s 11A............................................... ad No 131, 2017
Part 5
s 12.................................................. am No 54, 2024
Chapter 2
s 14.................................................. am No 27, 2022
Chapter 3
Part 1A
s 17A............................................... am No 27, 2022

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 Endnotes

Endnote 4—Amendment history

Provision affected How affected

Part 1
s 18.................................................. am No 27, 2022
s 19.................................................. am No 81, 2024
s 20.................................................. am No 27, 2022
s 21.................................................. am No 27, 2022; No 81, 2024
s 22.................................................. am No 44, 2013
rs No 27, 2022
s 23.................................................. am No 44, 2013; No 27, 2022
s 24.................................................. am No 44, 2013; No 27, 2022; No 81, 2024
s 25.................................................. am No 27, 2022; No 81, 2024
s 26.................................................. am No 27, 2022; No 81, 2024
s 27.................................................. am No 44, 2013; No 27, 2022
rs No 81, 2024
s 28.................................................. am No 27, 2022; No 81, 2024
s 29.................................................. am No 76, 2013; No 27, 2022; No 81, 2024
s 30.................................................. am No 27, 2022; No 81, 2024
s 30A............................................... ad No 81, 2024
Part 2
Division 1
s 31.................................................. am No 27, 2022
Division 2
Subdivision A
Subdivision A heading.................... ad No 81, 2024
s 32.................................................. rs No 27, 2022
am No 81, 2024
s 32A............................................... rep No 27, 2022
ad No 81, 2024
s 32B ............................................... ad No 81, 2024
s 32BA ............................................ ad No 81, 2024
Subdivision B
Subdivision B ................................. ad No 81, 2024

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Endnote 4—Amendment history

Provision affected How affected

s 32C ............................................... ad No 81, 2024

s 32D............................................... ad No 81, 2024
s 32E ............................................... ad No 81, 2024
s 32F ............................................... ad No 81, 2024
s 32G............................................... ad No 81, 2024
s 32H............................................... ad No 81, 2024
s 32J ................................................ ad No 81, 2024
s 32K............................................... ad No 81, 2024
s 32L ............................................... ad No 81, 2024
Subdivision C
Subdivision C ................................. ad No 81, 2024
s 32M .............................................. ad No 81, 2024
s 33.................................................. am No 44, 2013; No 131, 2017; No 27, 2022; No 81, 2024
s 34.................................................. am No 44, 2013; No 81, 2024
s 35.................................................. am No 44, 2013; No 81, 2024
Subdivision D
Subdivision D heading.................... ad No 81, 2024
s 36.................................................. am No 27, 2022; No 81, 2024
Subdivision E
Subdivision E heading .................... ad No 81, 2024
s 37.................................................. am No 27, 2022; No 81, 2024
s 40.................................................. am No 44, 2013
s 41.................................................. am No 27, 2022; No 81, 2024
Division 3
s 42.................................................. am No 27, 2022; No 81, 2024
s 43.................................................. am No 27, 2022; No 81, 2024
s 44.................................................. am No 44, 2013; No 27, 2022; No 81, 2024
s 45.................................................. rs No 27, 2022
am No 81, 2024
s 45A............................................... ad No 81, 2024
s 46.................................................. am No 27, 2022; No 81, 2024

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 Endnotes

Endnote 4—Amendment history

Provision affected How affected

s 46A............................................... ad No 14, 2014

s 46B ............................................... ad No 14, 2014
am No 81, 2024
Division 4
Division 4 heading.......................... am No 27, 2022
s 47.................................................. am No 27, 2022
s 47A............................................... ad No 27, 2022
am No 81, 2024
s 48.................................................. rs No 27, 2022
am No 81, 2024
s 49.................................................. am No 131, 2017
rs No 27, 2022
am No 81, 2024
s 49A............................................... ad No 27, 2022
am No 81, 2024
s 49B ............................................... ad No 81, 2024
s 50.................................................. am No 27, 2022
Chapter 4
Part 1
Division 1
s 50J ................................................ ad No 27, 2022
am No 38, 2024
s 54.................................................. am No 131, 2017
Division 2
s 55.................................................. am No 131, 2017; No 27, 2022
s 55A............................................... ad No 131, 2017
am No 103, 2020; No 116, 2021
s 56.................................................. am No 131, 2017
s 57.................................................. am No 131, 2017
Division 3
s 58.................................................. am No 131, 2017

National Disability Insurance Scheme Act 2013 347

Compilation No. 21 Compilation date: 14/10/2024

Authorised Version C2024C00476 registered 14/10/2024

Endnotes

Endnote 4—Amendment history

Provision affected How affected

Part 2
Division 1
Division 1 heading.......................... ad No 131, 2017
s 60.................................................. am No 44, 2013; No 131, 2017; No 116, 2021; No 27, 2022
s 61.................................................. am No 44, 2013
rep No 27, 2022
s 62.................................................. am No 131, 2017
s 63.................................................. am No 131, 2017
s 64.................................................. am No 131, 2017
s 65.................................................. rep No 131, 2017
s 66.................................................. am No 44, 2013; No 131, 2017; No 113, 2019
s 67.................................................. rs No 131, 2017
Division 2
Division 2 ....................................... ad No 131, 2017
s 67A............................................... ad No 131, 2017
am No 116, 2021
s 67B ............................................... ad No 131, 2017
s 67C ............................................... ad No 131, 2017
s 67D............................................... ad No 131, 2017
s 67E ............................................... ad No 131, 2017
am No 113, 2019
s 67F ............................................... ad No 131, 2017
Division 3
Division 3 ....................................... ad No 131, 2017
s 67G............................................... ad No 131, 2017
am No 113, 2019
s 67H............................................... ad No 131, 2017
s 68.................................................. rep No 131, 2017
Part 3............................................... am No 131, 2017
rep No 27, 2022
s 69.................................................. rep No 27, 2022

348 National Disability Insurance Scheme Act 2013

Compilation No. 21 Compilation date: 14/10/2024

Authorised Version C2024C00476 registered 14/10/2024

 Endnotes

Endnote 4—Amendment history

Provision affected How affected

s 70.................................................. am No 44, 2013; No 131, 2017

rep No 27, 2022
s 71.................................................. rep No 27, 2022
s 72.................................................. rep No 27, 2022
s 73.................................................. rep No 27, 2022
Part 3A
Part 3A............................................ ad No 131, 2017
Division 1 ....................................... rep No 27, 2022
s 73A............................................... ad No 131, 2017
rep No 27, 2022
Division 2
s 73B ............................................... ad No 131, 2017
am No 116, 2021; No 81, 2024
s 73C ............................................... ad No 131, 2017
am No 116, 2021
s 73D............................................... ad No 131, 2017
s 73E ............................................... ad No 131, 2017
am No 27, 2022
s 73F ............................................... ad No 131, 2017
s 73G............................................... ad No 131, 2017
s 73H............................................... ad No 131, 2017
s 73J ................................................ ad No 131, 2017
s 73K............................................... ad No 131, 2017
s 73L ............................................... ad No 131, 2017
s 73M .............................................. ad No 131, 2017
s 73N............................................... ad No 131, 2017
s 73P ............................................... ad No 131, 2017
am No 116, 2021
s 73Q............................................... ad No 131, 2017
s 73R ............................................... ad No 131, 2017
s 73S ............................................... ad No 131, 2017

National Disability Insurance Scheme Act 2013 349

Compilation No. 21 Compilation date: 14/10/2024

Authorised Version C2024C00476 registered 14/10/2024

Endnotes

Endnote 4—Amendment history

Provision affected How affected

Division 3
s 73T ............................................... ad No 131, 2017
am No 116, 2021
s 73U............................................... ad No 131, 2017
am No 116, 2021; No 81, 2024
Division 4
s 73V............................................... ad No 131, 2017
am No 116, 2021
Division 5
s 73W.............................................. ad No 131, 2017
s 73X............................................... ad No 131, 2017
Division 6
s 73Y............................................... ad No 131, 2017
s 73Z ............................................... ad No 131, 2017
am No 116, 2021
Division 7
s 73ZA ............................................ ad No 131, 2017
s 73ZB............................................. ad No 131, 2017
s 73ZC............................................. ad No 131, 2017
s 73ZD ............................................ ad No 131, 2017
Division 8
s 73ZE............................................. ad No 131, 2017
am No 13, 2021
s 73ZF ............................................. ad No 131, 2017
am No 13, 2021
s 73ZG ............................................ ad No 131, 2017
s 73ZH ............................................ ad No 131, 2017
s 73ZI.............................................. ad No 131, 2017
s 73ZJ.............................................. ad No 131, 2017
am No 13, 2021

350 National Disability Insurance Scheme Act 2013

Compilation No. 21 Compilation date: 14/10/2024

Authorised Version C2024C00476 registered 14/10/2024

 Endnotes

Endnote 4—Amendment history

Provision affected How affected

s 73ZK ............................................ ad No 131, 2017

am No 13, 2021
s 73ZL............................................. ad No 131, 2017
s 73ZM............................................ ad No 131, 2017
s 73ZN ............................................ ad No 131, 2017
am No 103, 2020; No 116, 2021; No 81, 2024
s 73ZO ............................................ ad No 131, 2017
am No 116, 2021
s 73ZP ............................................. ad No 131, 2017
am No 13, 2021
s 73ZQ ............................................ ad No 131, 2017
am No 13, 2021
s 73ZR............................................. ad No 131, 2017
Division 9
s 73ZS ............................................. ad No 131, 2017
am No 103, 2020; No 116, 2021
Part 4
s 74.................................................. am No 44, 2013; No 81, 2024
s 75.................................................. am No 44, 2013
Part 5
Division 1
s 78.................................................. am No 44, 2013; No 27, 2022
s 79.................................................. am No 27, 2022
s 80.................................................. am No 44, 2013
s 82.................................................. am No 131, 2017
Division 2
s 86.................................................. am No 44, 2013
s 88.................................................. am No 44, 2013
s 89.................................................. am No 27, 2022
s 90.................................................. am No 44, 2013; No 27, 2022
s 93.................................................. am No 44, 2013

National Disability Insurance Scheme Act 2013 351

Compilation No. 21 Compilation date: 14/10/2024

Authorised Version C2024C00476 registered 14/10/2024

Endnotes

Endnote 4—Amendment history

Provision affected How affected

Division 3
s 96.................................................. am No 27, 2022
Part 6
s 99.................................................. am No 44, 2013
rs No 131, 2017
am No 116, 2021; No 27, 2022; No 81, 2024
s 100................................................ am No 131, 2017; No 116, 2021; No 27, 2022
s 101................................................ am No 27, 2022; No 81, 2024
s 102................................................ am No 131, 2017
s 103................................................ am No 27, 2022; No 38, 2024
Chapter 5
Part 1
s 104................................................ am No 44, 2013; No 27, 2022
s 105................................................ am No 44, 2013
Chapter 6
Chapter 6 heading........................... rs No 27, 2022
Part 1
Part 1 heading ................................. rs No 27, 2022
s 117................................................ am No 62, 2014; No 27, 2022
s 118................................................ am No 44, 2013; No 81, 2024
s 120................................................ am No 113, 2019; No 81, 2024
s 121................................................ am No 62, 2014; No 126, 2015; No 113, 2019
Part 2
Division 1
s 123................................................ rs No 27, 2022
s 125................................................ am No 62, 2014; No 113, 2019
s 125A............................................. rs No 44, 2013
am No 62, 2014
s 125B ............................................. ad No 44, 2013
am No 81, 2024

352 National Disability Insurance Scheme Act 2013

Compilation No. 21 Compilation date: 14/10/2024

Authorised Version C2024C00476 registered 14/10/2024

 Endnotes

Endnote 4—Amendment history

Provision affected How affected

Division 2
s 126................................................ am No 51, 2016
s 127................................................ am No 113, 2019; No 27, 2022; No 81, 2024
s 129................................................ am No 27, 2022; No 81, 2024
s 134................................................ am No 62, 2014; No 113, 2019
s 135................................................ am No 113, 2019
Division 3
s 138................................................ am No 62, 2014; No 51, 2016
Part 3
Division 1
s 144................................................ am No 131, 2017; No 27, 2022; No 81, 2024
Division 2
s 147................................................ am No 113, 2019; No 27, 2022
s 155................................................ am No 113, 2019; No 27, 2022
s 156................................................ am No 113, 2019
Part 4
Division 1
s 160................................................ am No 27, 2022
s 165................................................ rs No 62, 2014
s 167................................................ am No 62, 2014
Division 2
s 171A............................................. rep No 27, 2022
Part 5
Division 1
Subdivision A
s 172................................................ am No 62, 2014; No 113, 2019; No 81, 2024
s 173................................................ am No 62, 2014; No 113, 2019
s 174................................................ am No 113, 2019; No 27, 2022; No 81, 2024
Subdivision B
s 175A............................................. ad No 81, 2024

National Disability Insurance Scheme Act 2013 353

Compilation No. 21 Compilation date: 14/10/2024

Authorised Version C2024C00476 registered 14/10/2024

Endnotes

Endnote 4—Amendment history

Provision affected How affected

Subdivision C
s 176................................................ am No 27, 2022
Division 2
s 177................................................ rs No 62, 2014
Part 6
s 179................................................ am No 27, 2022; No 81, 2024
s 180................................................ am No 62, 2014
Part 6A
Division 1
s 180B ............................................. am No 44, 2013; No 62, 2014
s 108C ............................................. am No 81, 2024
Division 2
s 180D............................................. am No 27, 2022
Chapter 6A
Chapter 6A...................................... ad No 131, 2017
Part 1
s 181A............................................. ad No 131, 2017
s 181B ............................................. ad No 131, 2017
Part 2
s 181C ............................................. ad No 131, 2017
s 181D............................................. ad No 131, 2017
s 181E ............................................. ad No 131, 2017
s 181F ............................................. ad No 131, 2017
s 181G............................................. ad No 131, 2017
s 181H............................................. ad No 131, 2017
s 181J .............................................. ad No 131, 2017
am No 81, 2024
s 181K............................................. ad No 131, 2017
s 181L ............................................. ad No 131, 2017
s 181M ............................................ ad No 131, 2017
s 181N............................................. ad No 131, 2017

354 National Disability Insurance Scheme Act 2013

Compilation No. 21 Compilation date: 14/10/2024

Authorised Version C2024C00476 registered 14/10/2024

 Endnotes

Endnote 4—Amendment history

Provision affected How affected

am No 81, 2024
s 181P ............................................. ad No 131, 2017
s 181Q............................................. ad No 131, 2017
s 181R ............................................. ad No 131, 2017
s 181S ............................................. ad No 131, 2017
s 181T ............................................. ad No 131, 2017
Part 3
s 181U............................................. ad No 131, 2017
s 181V............................................. ad No 131, 2017
s 181W............................................ ad No 131, 2017
Chapter 6B
Chapter 6B...................................... ad No 82, 2019
s 181X............................................. ad No 82, 2019
s 181Y............................................. ad No 82, 2019
am No 81, 2024
Chapter 7
Part 1
Division 1
s 182................................................ am No 27, 2022
Division 2
s 183................................................ am No 131, 2017
Division 3
s 188................................................ am No 131, 2017
Division 4
s 193................................................ am No 44, 2013
s 194................................................ am No 38, 2024
s 195................................................ am No 81, 2024
Part 2
s 197A............................................. ad No 131, 2017
s 197B ............................................. ad No 131, 2017
s 200................................................ am No 61, 2016

National Disability Insurance Scheme Act 2013 355

Compilation No. 21 Compilation date: 14/10/2024

Authorised Version C2024C00476 registered 14/10/2024

Endnotes

Endnote 4—Amendment history

Provision affected How affected

s 201................................................ am No 131, 2017; No 113, 2019

s 201A............................................. ad No 131, 2017
am No 82, 2019; No 103, 2020; No 107, 2020; No 116, 2021; No
81, 2024
s 202................................................ am No 131, 2017
s 202A............................................. ad No 131, 2017
s 202B ............................................. ad No 131, 2017
am No 81, 2024
s 203................................................ am No 131, 2017; No 27, 2022
s 204................................................ am No 131, 2017; No 27, 2022
s 204A............................................. ad No 27, 2022
Part 3
s 205................................................ am No 131, 2017
s 207A............................................. ad No 131, 2017
Part 4............................................... rep No 27, 2022
s 208................................................ rep No 27, 2022
Part 5
s 209................................................ am No 44, 2013; No 126, 2015; No 131, 2017; No 113, 2019; No
103, 2020; No 116, 2021; No 27, 2022; No 74, 2023; No 81, 2024
s 209A............................................. ad No 81, 2024
s 209B ............................................. ad No 81, 2024
s 209C ............................................. ad No 81, 2024
s 209D............................................. ad No 81, 2024
s 210................................................ am No 113, 2019
s 211................................................ ad No 81, 2024
Schedule 1....................................... rep No 27, 2022

356 National Disability Insurance Scheme Act 2013

Compilation No. 21 Compilation date: 14/10/2024

Authorised Version C2024C00476 registered 14/10/2024