National Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans—South Australia) Rules 2014

made under sections 32 and 32A (other than subsection 32A(4)) of the

National Disability Insurance Scheme Act 2013 (the Act)

Compilation No. 1               

Compilation date:                              14 May 2016

Includes amendments up to:            National Disability Insurance Scheme                                                                        (Facilitating the Preparation of Participants’                                                             Plans—South Australia) Amendment Rules 2016 –                                                        F2016L00796

The Act establishes the National Disability Insurance Scheme (NDIS).

People who are participants in the NDIS will be assisted to develop a personal, goal-based plan about how they will be provided with general supports and reasonable and necessary supports.

The NDIS will respect the interests of people with disability in exercising choice and control about matters that affect them.

National Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans—South Australia) Rules 2014

These Rules are about the circumstances in which the facilitation of the preparation of participants’ plans will commence in the State of South Australia.

These Rules commence on 1 July 2014.

Prepared by the Department of Social Services

About this compilation

This compilation

This is a compilation of the National Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans—South Australia) Rules 2014 that shows the text of the law as amended and in force on 14 May 2016 (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 Legislation 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 series page on the Legislation 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.

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 series page on the Legislation 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.

Contents

Part 1     What these Rules are about 4

Part 2     Preparation of plans for residents of South Australia  5

Part 3     Other matters  9

Citation    9

Interpretation 9

Limited application of the 2013 Rules  11

Endnotes  14

Part 1    What these Rules are about

1.1     Each participant in the NDIS launch will have a plan, prepared by and with the participant and approved by the CEO of the Agency. Among other things, a participant’s plan sets out the supports that will be funded for the participant.

1.2     To enable an orderly transition, participants will be phased into the NDIS. There are two steps involved in accessing supports under the NDIS. The first is to become a participant: the prospective participant makes an access request and the CEO decides that they meet the access criteria. The second is for the participant to have a plan approved by the CEO of the Agency. These Rules relate to the second step, and the order in which the CEO will commence the facilitation of the preparation of plans for different classes of participants.

1.4     These Rules explain how participants in South Australia will be phased into the NDIS.

1.5     The phasing schedule is intended to give effect to the agreements that have been reached between the Commonwealth and South Australia.

1.6     The Act sets out a number of objects and principles for the NDIS, to which these Rules give effect. In giving effect to the objects, regard is to be had to the progressive implementation of the NDIS and the need to ensure the financial sustainability of the NDIS.

Part 2    Preparation of plans for residents of South Australia

2.1     Once a person becomes a participant, the CEO can commence facilitating the preparation of a plan for the person. The process for commencing the facilitation of the preparation of plans for participants in South Australia is detailed below.       

2.3     The table in paragraph 2.6 sets out seven classes of South Australian participants and sets out the circumstances in which the CEO is to commence the facilitation of those participants’ plans.

2.4     The CEO cannot make a decision to commence facilitating the preparation of plans for a class before the date specified in the table for that class. Otherwise, the sequence of classes is not inflexible. The CEO need not be satisfied that all participants in a particular class have had their plans facilitated before moving on to the next class; the Agency might have the capacity to commence the facilitation of plans in Class 2 before having fully completed that task for Class 1. Further, the classes do not close at any point in time. For example, a person in Class 1 who becomes a participant after the Agency has started to facilitate plans for Class 2 participants can still have their plan facilitated while participants in Class 2 are having their plans facilitated.

2.5     If a participant who is a resident of an NDIS area in South Australia does not fall within one of the classes in the table, the CEO is to commence facilitating the preparation of the participant’s plan as soon as reasonably practicable having regard to the CEO’s obligations to commence facilitating the preparation of other participants’ plans. Such participants are not part of the phasing sequence set out in the table; their plans will be facilitated as soon as reasonably practicable after they become participants. This ensures equity of access to the NDIS for such participants.

2.6     In urgent circumstances, the CEO can commence the facilitation of the preparation of a participant’s plan at a particular time, despite the sequence set out in the table in paragraph 2.7 If the CEO does so, the CEO is able to delay the commencement of the facilitation of the preparation of other participants’ plans, so far as is reasonably necessary, even if that delay would be contrary to that sequence.

2.7     The seven classes of participants, and the circumstances in which the CEO is to commence the facilitation of plans for participants in those classes, are as follows:

Sequential facilitation within a class based on participants’ areas of residence

2.8     If the CEO considers that the Agency’s facilitation of the preparation of plans for participants in a class described in the table in paragraph 2.7 (a main class) would be best managed by commencing that facilitation sequentially in different areas of South Australia, the CEO may decide that, among the participants of the main class, there is to be one or more classes (subclasses) comprised of participants who reside in particular areas.

2.9     For each subclass, the CEO is to commence facilitating the preparation of the plans of participants in the subclass when the CEO decides that it is appropriate to do so. Such a decision must be made:

(a)     no earlier than the time at which the CEO decides that the Agency has the capacity to commence facilitating the preparation of plans for participants in the main class; and

(b)     no later than the time at which the CEO decides that the Agency has the capacity to commence facilitating the preparation of plans for participants in the next main class (for Class 2, the subsequent main class is Class 3).

Separate commencement of facilitation for participants in remote and regional areas

2.10   Despite paragraph 2.7, the CEO may decide that all participants who reside in a particular remote or regional area constitute a class. The CEO may only make such a decision if he or she considers that, because of the low number of participants in the area, the preparation of those participants’ plans would be best facilitated together. If the CEO makes such a decision, the CEO is to commence facilitating the preparation of those participants’ plans when the CEO decides that the Agency has the capacity to do so.

Consultation

2.11   In making a decision under paragraph 2.8, 2.9 or 2.10, or considering whether to make such a decision, the CEO must, where practicable, seek the views of the Government of South Australia and have regard to those views (if any).

2.12   If the CEO is considering making a decision referred to in the third column of the table in paragraph 2.7 after the date mentioned in that column, the CEO must, as early as possible:

(a)     seek the views of the Government of South Australia and of the Commonwealth Department that administers the Act about the proposed decision (including their views about the effect that making the decision would have on arrangements agreed between the Commonwealth and South Australia for the funding of the NDIS); and

(b)     use his or her best endeavours to reach an agreement with those entities about the proposed decision.

Part 3    Other matters

Citation

3.1     These Rules may be cited as the National Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans—South Australia) Rules 2014.

Interpretation

3.2     These Rules include text that summarises provisions of the Act. The boxed notes identify such text, which does not form an operative part of these Rules.

3.3     Terms and expressions that are used in the Act have the same meaning in these Rules unless these Rules display a contrary intention—see the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, which include definitions and rules of interpretation that apply to all Commonwealth legislation. For convenience, the more important definitions from the Act are identified or reproduced in paragraph 3.4.

3.4     In these Rules:

Act means the National Disability Insurance Scheme Act 2013.

Agency¾see section 9 of the Act.

CEO¾see section 9 of the Act.

child¾see section 9 of the Act.

disability services:

(a)     provided or funded by South Australia—means the following programs or services:

(i)      Attendant Care/Personal Care;

(ii)     Behaviour/Specialist Intervention;

(iii)    Centre-based Respite/Respite Homes;

(iv)    Counselling;

(v)     Early Childhood Intervention;

(vi)    Host Family Respite/Peer Support Respite;

(vii)   In-Home Accommodation Support;

(viii)  Learning and Life Skills Development;

(ix)    Other Community Support;

(x)     Other Support Services;

(xi)    Recreation/Holiday Programs;

(xii)   Regional Resource and Support Teams;

(xiii)  Therapy Support for Individuals;

(xiv)  other programs and services funded under the National Disability Agreement;

(xv)   Home and Community Care—Personal care;

(xvi)  Home and Community Care—Respite;

(xvii) Other—Home and Community Care;

(xviii)        Disability Equipment;

(xix)  Other—Transport/Health/Education; and

(b)     provided or funded by the Commonwealth—means the following programs, services or allowances:

(i)      Australian Disability Enterprises;

(ii)     Helping Children with Autism;

(iii)    the Better Start for Children with Disability initiative;

(iv)    the Continence Aids Payment Scheme;

(v)     Support for Day to Day Living in the Community—A Structured Activity Program;

(vi)    Disability Employment Services—Work Based Personal Assistance;

(vii)   Hearing Services Program;

(viii)  Improved Support for People with Younger Onset Dementia;

(ix)    Targeted Community Care—Mental Health;

(x)     Respite: Carer Support and Personal Helpers and Mentors component;

(xi)    National Auslan Interpreter Booking and Payment Service;

(xii)   After School Hours Care for Teenagers with Disability;

(xiii)  Partners in Recovery: Coordinated Support and Flexible Funding for people with severe and persistent mental illness and complex needs;

(xiv)  Respite Support for Carers of Young People with Severe or Profound Disability;

(xv)   mobility allowance.

NDIS means the National Disability Insurance Scheme (see section 9 of the Act).

NDIS area has the same meaning as in the National Disability Insurance Scheme (Becoming a Participant) Rules 2016.

participant¾see section 9 of the Act.

South Australia has the same meaning as in the National Disability Insurance Scheme (Becoming a Participant) Rules 2016.

Limited application of the 2013 Rules

3.5     The National Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans—South Australia) Rules 2013 are, by force of these Rules, disapplied to persons to whom, pursuant to paragraph 2.2, Part 2 of these Rules apply.

Schedule A

NDIS areas – South Australia

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.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history