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National Disability Insurance Scheme Act 2013
In force
Administered by
Department of Social Services
Department of the Treasury
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C2020C00392 (C13)
27 November 2020
-
31 August 2021
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Table of contents
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Chapter 1—Introduction
Part 1—Preliminary
1 Short title
2 Commencement
Part 2—Objects and principles
3 Objects of Act
4 General principles guiding actions under this Act
5 General principles guiding actions of people who may do acts or things on behalf of others
6 Agency may provide support and assistance
7 Provision of notice, approved form or information under this Act etc.
Part 3—Simplified outline
8 Simplified outline
Part 4—Definitions
9 Definitions
10 Definition of host jurisdiction
10A Definition of participating jurisdiction
10B Definition of NDIS worker screening law
11 Definitions relating to compensation
11A Definition of key personnel
Part 5—Ministerial Council
12 Ministerial Council functions etc.
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Chapter 2—Assistance for people with disability and others
13 Agency may provide coordination, strategic and referral services etc. to people with disability
14 Agency may provide funding to persons or entities
15 Agency may provide information
16 Agency may assist in relation to doing things under Chapter
17 National Disability Insurance Scheme rules
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Chapter 3—Participants and their plans
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Part 1A—Principles
17A Principles relating to the participation of people with disability
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Part 1—Becoming a participant
18 Person may make a request to become a participant
19 Matters relating to access requests
20 CEO must consider and decide access requests
21 When a person meets the access criteria
22 Age requirements
23 Residence requirements
24 Disability requirements
25 Early intervention requirements
26 Requests that the CEO may make
27 National Disability Insurance Scheme rules relating to disability requirements and early intervention requirements
28 When a person becomes a participant
29 When a person ceases to be a participant
30 Revocation of participant status
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Part 2—Participants’ plans
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Division 1—Principles relating to plans
31 Principles relating to plans
Division 2—Preparing participants’ plans
32 CEO must facilitate preparation of participant’s plan
32A Rules about preparation of plans
33 Matters that must be included in a participant’s plan
34 Reasonable and necessary supports
35 National Disability Insurance Scheme rules for statement of participant supports
36 Information and reports for the purposes of preparing and approving a participant’s plan
37 When plan is in effect
38 Copy of plan to be provided
39 Agency must comply with the statement of participant supports
40 Effect of temporary absence on plans
41 Suspension of plans
Division 3—Managing the funding for supports under participants’ plans
42 Meaning of managing the funding for supports under a participant’s plan
43 Choice for the participant in relation to plan management
44 Circumstances in which participant must not manage plan to specified extent
45 Payment of NDIS amounts
46 Acquittal of NDIS amounts
46A Protection of NDIS amounts
46B Garnishee orders
Division 4—Reviewing and changing participants’ plans
47 Participant may change participant’s statement of goals and aspirations at any time
48 Review of participant’s plan
49 Outcome of review
50 Information and reports for the purposes of reviewing a participant’s plan
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Chapter 4—Administration
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Part 1—General matters
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Division 1—Participants and prospective participants
51 Requirement to notify change of circumstances
52 Requirements relating to notices
53 Power to obtain information from participants and prospective participants to ensure the integrity of the National Disability Insurance Scheme
54 Written notice of requirement
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Division 2—Other persons
55 Power of CEO to obtain information from other persons to ensure the integrity of the National Disability Insurance Scheme
55A Power of Commissioner to obtain information from other persons to ensure the integrity of the National Disability Insurance Scheme etc.
56 Written notice of requirement
57 Offence—refusal or failure to comply with requirement
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Division 3—Interaction with other laws
58 Obligations not affected by State or Territory laws
59 Interaction with Commonwealth laws
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Part 2—Privacy
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Division 1—Information held by the Agency
60 Protection of information held by the Agency etc.
61 Offence—unauthorised access to protected information
62 Offence—unauthorised use or disclosure of protected Agency information
63 Offence—soliciting disclosure of protected Agency information
64 Offence—offering to supply protected Agency information
66 Disclosure of information by CEO
67 National Disability Insurance Scheme rules for exercise of CEO’s disclosure powers
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Division 2—Information held by the Commission
67A Protection of information held by the Commission etc.
67B Offence—unauthorised use or disclosure of protected Commission information
67C Offence—soliciting disclosure of protected Commission information
67D Offence—offering to supply protected Commission information
67E Disclosure of information by Commissioner
67F National Disability Insurance Scheme rules for exercise of Commissioner’s disclosure powers
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Division 3—Information generally
67G Protection of certain documents etc. from production to court etc.
67H Part does not affect the operation of the Freedom of Information Act 1982
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Part 3—Registered providers of supports
69 Application to be a registered provider of supports
70 Registered providers of supports
71 When a person or entity ceases to be a registered provider of supports
72 Revocation of approval as a registered provider of supports
73 National Disability Insurance Scheme rules for registered providers of supports
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Part 3A—NDIS providers
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Division 1—Application of Part
73A Application of Part
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Division 2—Registered NDIS providers
73B Requirement to be a registered NDIS provider
73C Application to be a registered NDIS provider
73D False or misleading information or documents in application
73E Registration as a registered NDIS provider
73F Registration is subject to conditions
73G Conditions specified in certificate of registration
73H Conditions determined by NDIS rules
73J Registered NDIS providers must comply with conditions of registration
73K Extension of period for which registration is in force
73L Variation of registration
73M Application for variation of registration
73N Suspension of registration
73P Revocation of registration
73Q Record keeping by registered NDIS providers
73R Record keeping by former registered NDIS providers
73S Grants of financial assistance in relation to registration
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Division 3—Quality assurance
73T NDIS Practice Standards
73U Approved quality auditors
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Division 4—NDIS Code of Conduct
73V NDIS Code of Conduct
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Division 5—Complaints management and resolution
73W Complaints management and resolution system—registered NDIS providers
73X Arrangements relating to the management and resolution of complaints
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Division 6—Incident management—registered NDIS providers
73Y Incident management system
73Z Reportable incidents
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Division 7—Protection of disclosers
73ZA Disclosures qualifying for protection
73ZB Disclosure that qualifies for protection not actionable etc.
73ZC Victimisation prohibited
73ZD Right to compensation
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Division 8—Compliance and enforcement
73ZE Monitoring powers
73ZF Investigation powers
73ZG Use of equipment to examine or process things
73ZH Use of electronic equipment at other place
73ZI Person with knowledge of a computer or a computer system to assist access etc.
73ZJ Compensation for damage to electronic equipment
73ZK Civil penalty provisions
73ZL Infringement notices
73ZM Compliance notices
73ZN Banning orders
73ZO Variation or revocation of banning orders
73ZP Enforceable undertakings
73ZQ Injunctions
73ZR Appointment of inspectors and investigators
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Division 9—NDIS Provider Register
73ZS NDIS Provider Register
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Part 4—Children
74 Children
75 Definition of parental responsibility
76 Duty to children
77 Revocation of determinations under section 74
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Part 5—Nominees
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Division 1—Functions and responsibilities of nominees
78 Actions of plan nominee on behalf of participant
79 Actions of correspondence nominee on behalf of participant
80 Duties of nominees to participant etc.
81 Giving of notices to correspondence nominee
82 Compliance by correspondence nominee
83 Nominee to inform Agency of matters affecting ability to act as nominee
84 Statement by plan nominee regarding disposal of money
85 Right of nominee to attend with participant
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Division 2—Appointment and cancellation or suspension of appointment
86 Appointment of plan nominee
87 Appointment of correspondence nominee
88 Provisions relating to appointments
89 Circumstances in which the CEO must cancel appointment of nominees
90 General circumstances in which CEO may cancel or suspend appointment of nominees
91 Suspension etc. of appointment of nominees in cases of physical, mental or financial harm
92 Other matters relating to cancellation or suspension of appointment
93 National Disability Insurance Scheme rules may prescribe requirements etc.
94 CEO’s powers of revocation
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Division 3—Other matters relating to nominees
95 CEO’s powers to give notices to participant
96 Notification of nominee where notice is given to participant
97 Protection of participant against liability for actions of nominee
98 Protection of nominee against criminal liability
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Part 6—Review of decisions
99 Reviewable decisions and decision makers
100 Review of reviewable decisions
101 Variation of reviewable decision before review completed
102 Withdrawal of request for review
103 Applications to the Administrative Appeals Tribunal
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Chapter 5—Compensation payments
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Part 1—Requirement to take action to obtain compensation
104 CEO may require person to take action to obtain compensation
105 Consequences of failure to comply with a requirement to take action to obtain compensation
105A Matters relating to claims etc. by CEO
105B Recovery of amounts relating to claims etc. by CEO
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Part 2—Agency may recover compensation fixed after NDIS amounts have been paid
106 Recovering past NDIS amounts from certain judgements
107 Recovering past NDIS amounts from consent judgements and settlements
108 Debts resulting from section 106 or 107
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Part 3—Recovery from compensation payers and insurers
109 CEO may send preliminary notice to potential compensation payer or insurer
110 Offence—potential compensation payer or insurer
111 CEO may send recovery notice to compensation payer or insurer
112 Preliminary notice or recovery notice suspends liability to pay compensation
113 Compensation payer’s or insurer’s payment to Agency discharges liability to participant
114 Offence—making compensation payment after receiving preliminary notice or recovery notice
115 Liability to pay the Agency if there is a contravention of section 114
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Part 4—CEO may disregard certain payments
116 CEO may disregard certain payments
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Chapter 6—National Disability Insurance Scheme Launch Transition Agency
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Part 1—National Disability Insurance Scheme Launch Transition Agency
117 Establishment
118 Functions of the Agency
119 Powers of the Agency
120 Charging of fees
121 Minister may give directions to the Agency
122 Agency does not have privileges and immunities of the Crown
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Part 2—Board of the Agency
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Division 1—Establishment and functions
123 Establishment
124 Functions of the Board
125 Minister may give the Board a statement setting out strategic guidance for the Agency
125A Matters to be considered in performing functions
125B Rules about management of risk and performance of Board’s functions
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Division 2—Members of the Board
126 Membership
127 Appointment of Board members
128 Term of appointment
129 Acting appointments
130 Remuneration and allowances
131 Leave of absence
132 Outside employment
133 Resignation of Board members
134 Termination of appointment of Board members
135 Other terms and conditions of Board members
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Division 3—Meetings of the Board
136 Convening meetings
137 Presiding at meetings
138 Quorum
139 Voting at meetings
140 Conduct of meetings
141 Minutes
142 Decisions without meetings
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Part 3—Independent Advisory Council
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Division 1—Establishment and function
143 Establishment
144 Function of the Advisory Council
145 Advice of the Advisory Council
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Division 2—Members of the Advisory Council
146 Membership
147 Appointment of members of the Advisory Council
148 Term of appointment
149 Acting appointments
150 Remuneration and allowances
151 Leave of absence
152 Disclosure of interests to the Minister
153 Disclosure of interests to the Advisory Council
154 Resignation of members of the Advisory Council
155 Termination of appointment of members of the Advisory Council
156 Other terms and conditions of members of the Advisory Council
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Division 3—Procedures of the Advisory Council
157 Procedures of the Advisory Council
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Part 4—Chief Executive Officer and staff etc.
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Division 1—Chief Executive Officer
158 Establishment
159 Functions of the CEO
160 Appointment of the CEO
161 Acting appointments
162 Remuneration and allowances
163 Leave of absence
164 Outside employment
165 Disclosure of interests
166 Resignation of the CEO
167 Termination of appointment of the CEO
168 Other terms and conditions of the CEO
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Division 2—Staff etc.
169 Staff
170 Services of other persons to be made available to the Agency
171 Consultants
171A Transitional provisions for staff of the Agency
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Part 5—Reporting and planning
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Division 1—Reporting
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Subdivision A—Reporting by Board members
172 Annual report
173 Giving certain information to the Ministerial Council
174 Quarterly report to the Ministerial Council
Subdivision B—Reporting by the Agency
175 Giving information requested by Commonwealth, State or Territory Ministers
Subdivision C—Reporting by the Minister
176 Giving certain information to the Ministerial Council
Division 2—Planning
177 Corporate plan
Part 6—Finance
178 Payments to the Agency by the Commonwealth
179 Payments to the Agency by the host jurisdictions
180 Application of money by the Agency
Part 6A—Actuarial assessment of financial sustainability
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Division 1—Scheme actuary and annual financial sustainability report
180A Nomination of scheme actuary
180B Duties of scheme actuary
180C Rules for performance of scheme actuary’s duties
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Division 2—Reviewing actuary
180D Nomination of reviewing actuary
180E Duties of reviewing actuary
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Division 3—Assistance of scheme actuary and reviewing actuary
180F Agency to assist scheme actuary and reviewing actuary
Part 7—Miscellaneous
181 Taxation
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Chapter 6A—NDIS Quality and Safeguards Commission
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Part 1—Commission establishment and functions
181A Establishment of the Commission
181B Commission’s functions
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Part 2—NDIS Quality and Safeguards Commissioner
181C Commissioner
181D Commissioner’s functions and powers
181E Commissioner’s core functions
181F Commissioner’s registration and reportable incident functions
181G Commissioner’s complaints functions
181H Commissioner’s behaviour support function
181J Charging of fees by Commissioner
181K Minister may give directions to the Commissioner
181L Appointment of the Commissioner
181M Acting appointments
181N Remuneration and allowances
181P Leave of absence
181Q Outside employment
181R Other terms and conditions
181S Resignation
181T Termination of appointment
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Part 3—Staff etc. of the Commission
181U Staff of the Commission
181V Consultants
181W Persons assisting the Commissioner
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Chapter 6B—NDIS worker screening database
181X Simplified outline of this Chapter
181Y NDIS worker screening database
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Chapter 7—Other matters
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Part 1—Debt recovery
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Division 1—Debts
182 Debts due to the Agency
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Division 2—Methods of recovery
183 Legal proceedings
184 Arrangement for payment of debt
185 Recovery of amounts from financial institutions
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Division 3—Information relating to debts
186 Power to obtain information from a person who owes a debt to the Agency
187 Power to obtain information about a person who owes a debt to the Agency
188 Written notice of requirement
189 Offence—refusal or failure to comply with requirement
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Division 4—Non recovery of debts
190 CEO may write off debt
191 Power to waive Agency’s right to recover debt
192 Waiver of debt arising from error
193 Waiver of small debt
194 Waiver in relation to settlements
195 Waiver in special circumstances
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Part 2—General matters
196 Method of notification by CEO
197 CEO not required to make a decision
197A Method of notification by Commissioner
197B Commissioner not required to make a decision
198 Protection of participant against liability for actions of persons
199 Protection against criminal liability
200 Evidentiary effect of CEO’s certificate
200A Legal assistance for review not funded
201 Delegation by the Minister to the CEO
201A Delegation by the Minister to the Commissioner
202 Delegation by the CEO
202A Delegation by the Commissioner
202B Delegation of regulatory powers
203 Application of Act to unincorporated bodies
204 Time frames for decision making by CEO
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Part 3—Constitutional matters
205 Act binds Crown
206 Alternative constitutional basis
207 Concurrent operation of State laws
207A State or Territory agreement required in relation to certain delegations under this Act
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Part 4—Review of the Act
208 Review of operation of Act
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Part 5—Legislative instruments
209 The National Disability Insurance Scheme rules
210 Regulations
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Schedule 1—Transitional provisions for staff of the Agency
1 FaHCSIA agreement covers staff of the Agency
2 Instruments about transitional staffing matters
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history