Federal Register of Legislation - Australian Government

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Rules/Other as made
These rules deal with the circumstances in which a person is eligible to become a participant, namely the eligibility requirements relating to age, residence and disability or early intervention.
Administered by: Social Services
Made 19 Apr 2016
Registered 19 Apr 2016
Tabled HR 02 May 2016
Tabled Senate 02 May 2016

National Disability Insurance Scheme (Becoming a Participant) Rules 2016

 

National Disability Insurance Scheme Act 2013 (the Act).

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 (Becoming a Participant) Rules 2016.

These Rules are made for the purposes of sections 22, 23, 25, 27 and 209 of the Act.

These Rules are about becoming a participant in the NDIS.

These Rules revoke the National Disability Insurance Scheme (Becoming a Participant) Rules 2013.

These Rules commence on the day after they are registered.

 

 

 

The Hon. Christian Porter MP
Minister for Social Services

 

Dated: 19 April 2016

Contents

 

Part 1            What these Rules are about 4

Part 2            Outline of these Rules  5

What happens once a person has become a participant 6

Part 3            When does a person meet the age requirements?  7

Part 4            When does a person meet the residence requirements?  8

The additional residence requirements – general 8

The additional residence requirements – Western Australia and the Northern Territory  9

Limited portability into Western Australia or the Northern Territory  10

Part 5            When does a person meet the disability requirements?  11

When is an impairment permanent or likely to be permanent for the disability requirements?  11

When does an impairment result in substantially reduced functional capacity to undertake relevant activities?  12

Part 6            When does a person meet the early intervention requirements?  13

When is an impairment permanent or likely to be permanent for the early intervention requirements?  14

Deciding whether provision of early intervention supports is likely to benefit the person  14

Part 7            Assessing whether a person meets the disability or early intervention requirements  17

Specification of assessment tools in guidelines  17

Part 8            Other matters  18

Citation  18

Interpretation  18

Schedule A – Additional age and residence requirements  21

South Australia  21

Tasmania  22

Queensland  23

New South Wales  23

Victoria  24

Schedule B   26

NDIS areas – South Australia  26

NDIS Areas – NSW    27

NDIS Areas – Victoria  31


Part 1   What these Rules are about

1.1     The NDIS is being implemented nationally, with participants being transitioned into the scheme in accordance with the additional access requirements set out in these Rules.

1.2     These Rules are about becoming a participant in the NDIS, which is part of the process towards developing a personal goal-based plan which may provide for supports for the participant.  

1.3     The Act sets out a number of objects and principles for the NDIS. The following are particularly relevant to these Rules:

Objects

(a)     to provide reasonable and necessary supports, including early intervention supports, for participants in the NDIS;

(b)     to facilitate the development of a nationally consistent approach to the access to, and the planning and funding of, supports for people with disability;

Principles

(c)     people with disability should be supported to participate in and contribute to social and economic life to the extent of their ability;

(d)     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;

(e)     people with disability should be supported to receive reasonable and necessary supports, including early intervention supports.

 


 

 

Part 2   Outline of these Rules

2.1     A person, or someone who is able to act on their behalf, may make a request under the Act to become a participant in the NDIS (an access request). Once a person becomes a participant, they can develop a personal goal-based plan which may provide for supports for the participant. A number of principles apply in relation to the preparation and management of a participant's plan, which are set out in section 31 of the Act.

2.2     These Rules assist the CEO to determine who becomes a participant. Separate rules determine reasonable and necessary supports that a person may get, including support in the nature of early intervention.

2.3     A person becomes a participant in the NDIS on the day the CEO of the Agency decides they meet the access criteria.

2.4     A person meets the access criteria if the CEO is satisfied that they meet each of the following, as they apply in the area in which the person resides:

(a)     the age requirements (see Part 3);

(b)     the residence requirements (see Part 4);

(c)     either the disability requirements or the early intervention requirements (see Parts 5 and 6).

2.5     Generally speaking:

(a)     a person will meet the disability requirements if they have a disability that is attributable to an impairment that is permanent or likely to be permanent and that results in substantially reduced functional capacity;

(b)     alternatively, a person can access the NDIS through the early intervention requirements without having substantially reduced functional capacity. Instead, the early intervention requirements consider the likely trajectory and impact of a person's impairment over time and the potential benefits of early intervention on the impact of the impairment on the person's functional capacity. The CEO may consider a range of evidence in deciding the potential benefit of early intervention on a person's impairment. The CEO may consider existing evidence or information from an individual or their family or carer. Where a young child has an impairment resulting in developmental delay, or resulting from a condition on a list published by the CEO for which the benefits of early intervention have already been established, no further evidence of the benefit of early intervention supports to the child is required to meet the early intervention requirements. A young child or other person can still meet the early intervention requirements without having one of these conditions, provided there is evidence that the requirements are satisfied.

2.6     Part 7 deals with the use of assessment tools in assessing whether a person meets the disability requirements or the early intervention requirements.

2.7     Part 8 deals with other matters, including interpretation of these Rules.

The above summarises aspects of Part 1 of Chapter 3 of the Act.

What happens once a person has become a participant

2.8     Once a person has become a participant, their plans will be prepared in accordance with the Act and relevant rules made under section 32A of the Act.  The participant’s supports, if any, will be determined in accordance with the Act and the National Disability Insurance Scheme (Supports for Participants) Rules 2013. Where necessary, decisions under the Act (e.g. about supports) will be made with a nominee or a child's representatives (see the National Disability Insurance Scheme (Nominees) Rules 2013 and the National Disability Insurance Scheme (Children) Rules 2013).


Part 3   When does a person meet the age requirements?

3.1     Generally, a person meets the age requirements if the person was aged from birth up to 65 when the access request in relation to the person was made.

This summarises paragraph 22(1)(a) of the Act.

3.2     However, additional age requirements apply, as set out in Schedule A to these Rules.

3.3.    Additional age requirements do not apply to a person who, on 1 July 2016, resides in Tasmania and is accessing Tasmanian funded Supported Accommodation.

 

Part 4   When does a person meet the residence requirements?

4.1     A person meets the residence requirements if they:

(a)     reside in Australia; and

(b)     are either an Australian citizen, the holder of a permanent visa, or a special category visa holder who is a protected SCV holder; and

(c)     meet the additional residence requirements—see paragraphs 4.3 to 4.12.

Paragraphs 4.1(a) and (b) summarise paragraphs 23(1)(a) and (b) of the Act. (A range of factors are relevant to whether a person resides in Australia: see subsection 23(2) of the Act). Paragraph 4.1(c) is made for the purposes of paragraph 23(1)(c) of the Act. 

4.2     The residence requirements in paragraphs 4.1(a) and (b) apply when a person seeks to become a participant in the NDIS, and continue to apply after the person becomes a participant. If a person stops meeting these residence requirements, their status as a participant in the NDIS can be revoked.

This summarises paragraph 30(1)(a) of the Act.

The additional residence requirements – general

4.3     Schedule A sets out when a person meets the additional residence requirements by virtue of residence in a place other than Western Australia or the Northern Territory.

4.4     Despite paragraph 4.3, a child also meets the additional residence requirements if:

(a)     at least one of the child’s birth parents who cares for that child resides in an NDIS area set out in Schedule A on or after the relevant date specified in Schedule A; or

 (b)    the child comes to be in the care of a person who has ongoing parental responsibility for that child and who resides in an NDIS area set out in Schedule A on or after the relevant date specified in Schedule A; or

 (c)    in the case of a child whose parents are separated and who spends time with each parent, at least one of the child’s parents resides in an NDIS area set out in Schedule A on or after the relevant date specified in Schedule A.

4.5  Additional residence requirements do not apply to a person who on or after 1 July 2016 resides in Victoria and is on the list provided by the Victorian Government to the CEO that will comprise:

(a)     persons on the Victorian Disability Support Register who have been assessed by the Victorian Government as requiring an urgent need for support; or

(b)     children on the Early Childhood Intervention Service Waitlist administered by the Victorian Government.

The additional residence requirements – Western Australia and the Northern Territory

4.6     A person also meets the additional residence requirements if:

(a)     on 1 July 2014, they resided in the Barkly Region (as defined in paragraph 8.4), and they reside in the Barkly Region at the time their access request is decided; or

(b)     on 1 July 2014, they resided in Perth Hills (as defined in paragraph 8.4), and they reside in Perth Hills at the time their access request is decided.

4.7     A person also meets the additional residence requirements if at any time after 1 July 2014, the person starts or started to reside in the Barkly Region or Perth Hills (the ‘relevant area’) and:

(a)     the person starts or started to reside there for the dominant purpose of accessing supports not provided under the Act (for example, education, employment, health care or family support); and

(b)     exceptional circumstances apply – for example, the person would suffer significant financial or personal hardship, which could reasonably be expected to significantly undermine the person’s wellbeing or social or economic participation, by reason of not being a participant; and

(c)     the person resides in the relevant area at the time their access request is decided.

4.8     A child (that is, a person aged under 18) also meets the additional residence requirements if the child, or at least one of the child’s parents, resides in the Barkly Region or Perth Hills (the ‘relevant area’) at the time the child’s access request is decided, and:

(a)     the child is born after 1 July 2014, and at least one of the child’s birth parents who cares for the child resides in the relevant area on the day the child is born; or

(b)     at a time after 1 July 2014, the child comes to be in the care of a person who has ongoing parental responsibility for that child and who has resided in the Barkly Region or Perth Hills since 1 July 2014, and the relevant area will be the child’s place of residence; or

(c)     in the case of a child whose parents are separated and who spends time with each parent:

(i)    at least one of the child’s parents resided in the relevant area on 1 July 2014; or

(ii)   the following apply:

(A)  at least one of the child’s parents started to reside in the relevant area after 1 July 2014, for the dominant purpose of the child accessing supports that are not provided under the Act (for example, education, employment, health care or family support); and

(B)  exceptional circumstances apply – for example, the child would suffer significant personal hardship (including because of financial hardship to the parent), which could reasonably be expected to significantly undermine their wellbeing or social or economic participation, by reason of not being a participant.

Limited portability into Western Australia or the Northern Territory

4.9     Despite anything else in these Rules, but subject to paragraph 4.10, if an NDIS participant starts to reside in an area of Western Australia or the Northern Territory that is not an NDIS area, the person ceases to meet the additional residence requirements 12 months after starting to reside in that area.

4.10   Despite anything else in these Rules, in the case of a child whose parents are separated and who spends time with each parent, if:

(a)     the child (being an NDIS participant) starts to reside in an area of Western Australia or the Northern Territory that is not an NDIS area; and

 (b)    neither of the child’s parents resides in an NDIS area;

          the child ceases to meet the additional residence requirements 12 months after starting to reside in an area of Western Australia or the Northern Territory that is not an NDIS area.

4.11   The effect of paragraphs 4.9 and 4.10 is that a person would generally cease to be an NDIS participant 12 months after moving to an area of Western Australia or the Northern Territory that is not an NDIS area.

4.12   Otherwise, the additional residence requirements in Schedule A are required to be satisfied once and once only, meaning that NDIS participants generally will be afforded unlimited portability of their participant status within Australia.

Part 5   When does a person meet the disability requirements?

5.1     The Act sets out when a person meets the disability requirements. The requirements are met if:

(a)     the person has a disability that is attributable to one or more intellectual, cognitive, neurological, sensory or physical impairments, or to one or more impairments attributable to a psychiatric condition; and

(b)     the person’s impairment or impairments are, or are likely to be, permanent (see paragraphs 5.4 to 5.7); and

(c)     the impairment or impairments result in substantially reduced functional capacity to undertake, or psychosocial functioning in undertaking, one or more of the following activities: communication, social interaction, learning, mobility, self-care, self-management (see paragraph 5.8); and

(d)     the impairment or impairments affect the person’s capacity for social and economic participation; and

(e)     the person is likely to require support under the NDIS for the person’s lifetime.

5.2     In relation to the above, an impairment that varies in intensity (for example because the impairment is of a chronic episodic nature) may be permanent, and the person is likely to require support under the NDIS for the person's lifetime, despite the variation.

5.3     This Part sets out rules relating to some of the elements in paragraph 5.1 above, however, in order to meet the disability requirements, all of the requirements in that paragraph need to be satisfied.

When is an impairment permanent or likely to be permanent for the disability requirements?

5.4     An impairment is, or is likely to be, permanent (see paragraph 5.1(b)) only if there are no known, available and appropriate evidence-based clinical, medical or other treatments that would be likely to remedy the impairment.

5.5     An impairment may be permanent notwithstanding that the severity of its impact on the functional capacity of the person may fluctuate or there are prospects that the severity of the impact of the impairment on the person's functional capacity, including their psychosocial functioning, may improve.

5.6     An impairment may require medical treatment and review before a determination can be made about whether the impairment is permanent or likely to be permanent. The impairment is, or is likely to be, permanent only if the impairment does not require further medical treatment or review in order for its permanency or likely permanency to be demonstrated (even though the impairment may continue to be treated and reviewed after this has been demonstrated).

5.7     If an impairment is of a degenerative nature, the impairment is, or is likely to be, permanent if medical or other treatment would not, or would be unlikely to, improve the condition.

Paragraphs 5.4 to 5.7 are made for the purposes of  paragraph 27(a) of the Act.

When does an impairment result in substantially reduced functional capacity to undertake relevant activities?

5.8     An impairment results in substantially reduced functional capacity of a person to undertake one or more of the relevant activities—communication, social interaction, learning, mobility, self-care, self-management (see paragraph 5.1(c))—if its result is that:

(a)     the person is unable to participate effectively or completely in the activity, or to perform tasks or actions required to undertake or participate effectively or completely in the activity, without assistive technology, equipment (other than commonly used items such as glasses) or home modifications; or

(b)     the person usually requires assistance (including physical assistance, guidance, supervision or prompting) from other people to participate in the activity or to perform tasks or actions required to undertake or participate in the activity; or

(c)     the person is unable to participate in the activity or to perform tasks or actions required to undertake or participate in the activity, even with assistive technology, equipment, home modifications or assistance from another person.  

Paragraph 5.8 is made for the purposes of paragraph 27(b) of the Act.

 


 

Part 6   When does a person meet the early intervention requirements?

6.1     A person does not meet the early intervention requirements if the CEO is satisfied that early intervention support for the person is more appropriately funded or provided through another service system (service systems is defined in paragraph 8.4) rather than the NDIS.

6.2     However, 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 (see paragraphs 6.4 to 6.7); or

(ii)     has one or more identified impairments that are attributable to a psychiatric condition and are, or are likely to be, permanent (see paragraphs 6.4 to 6.7); 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 (see paragraphs 6.8 to 6.11); 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 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 (see paragraphs 6.8 to 6.11).

Paragraph 6.1 summarises subsection 25(3) of the Act. Paragraph 6.2 summarises subsection 25(1) of the Act.

6.3     This Part sets out rules relating to some of the elements in paragraph 6.2 above, however, in order to meet the early intervention requirements, all of the requirements in that paragraph need to be satisfied. 

When is an impairment permanent or likely to be permanent for the early intervention requirements?

6.4     An impairment is, or is likely to be, permanent (see paragraphs 6.2(a)(i) and (ii)) only if there are no known, available and appropriate evidence-based clinical, medical or other treatments that would be likely to remedy the impairment.

6.5     An impairment may be permanent notwithstanding that the severity of its impact on the functional capacity of the person may fluctuate or there are prospects that the severity of the impact of the impairment on the person's functional capacity may improve.

6.6     An impairment may require medical treatment and review before a determination can be made about whether the impairment is permanent or likely to be permanent. The impairment is, or is likely to be, permanent only if the impairment does not require further medical treatment or review in order for its permanency or likely permanency to be demonstrated (even though the impairment may continue to be treated and reviewed after this has been demonstrated).

6.7     If an impairment is of a degenerative nature, the impairment is, or is likely to be, permanent if medical or other treatment would not, or would be unlikely to, improve the condition.

Paragraphs 6.4 to 6.7 are made for the purposes of paragraph 27(a) of the Act.

Deciding whether provision of early intervention supports is likely to benefit the person

6.8     Where paragraph 6.2(a) applies to a person, the main way in which the CEO can determine whether the provision of early intervention supports is likely to benefit the person in the ways set out in paragraphs 6.2(b) and (c) above is to consider evidence going to those matters, as indicated in paragraph 6.9 below. However, young children who have an impairment resulting in developmental delay (see paragraph 6.10) or resulting from a particular condition (see paragraph 6.11) will not need to provide further evidence of the matters in paragraphs 6.2(b) and (c).

Paragraph 6.8 is made for the purposes of paragraph 27(d) of the Act.

Where evidence is required

6.9     In deciding whether provision of early intervention supports is likely to benefit the person in the ways mentioned in paragraphs 6.2(b) and (c) above, it is expected that the CEO would consider:

(a)     the likely trajectory and impact of the person's impairment over time; and

(b)     the potential benefits of early intervention on the impact of the impairment on the person's functional capacity and in reducing their future needs for supports; and

(c)     evidence from a range of sources, such as information provided by the person with disability or their family members or carers. The CEO may also in some cases seek expert opinion.

Paragraph 6.9 is made for the purposes of paragraph 27(d) of the Act. It does not compel the CEO to take the actions mentioned in that paragraph in any particular instance.

Early intervention in early childhood

6.10   The CEO is taken to be satisfied that provision of early intervention supports for a child under the age of 6 is likely to benefit the child in the ways mentioned in paragraphs 6.2(b) and (c) above if one or more of the child's impairments is a mental or physical impairment which, by itself or in combination with other mental or physical impairments, results in developmental delay.

Note:      Developmental delay is defined in section 9 of the Act as 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.

6.11   The provision of early intervention supports is likely to benefit a child aged 6 or under in the ways mentioned in paragraphs 6.2(b) and (c) above in the circumstance that one or more of the child's impairments results from a condition which is on a list of conditions published by the CEO for which evidence has established that early intervention supports will have these benefits. 

Paragraph 6.10 is made for the purposes of subsection 25(2) of the Act. Paragraph 6.11 is made for the purposes of paragraphs 27(d), (e) and (f) of the Act.


 

 


 

 

Part 7   Assessing whether a person meets the disability or early intervention requirements

7.1     In deciding whether a prospective participant meets the disability requirements or the early intervention requirements, the CEO may, if the CEO considers it appropriate, conduct an assessment, which is to be done using an assessment tool specified in operational guidelines in accordance with this Part from time to time.

Specification of assessment tools in guidelines

7.2     The CEO may specify, in operational guidelines, assessment tools that may be used for the purposes of deciding whether a person meets the disability requirements or the early intervention requirements.

7.3     A tool specified under paragraph 7.2 may be the same as a tool specified under paragraph 4.4 of the National Disability Insurance Scheme (Supports for Participants) Rules 2013.

7.4     Without limitation, the CEO may specify:

(a)     different tools to be used for adults and children; and

(b)     tools that are specifically tailored to particular impairments.

7.5     A tool must:

(a)     be designed to ensure the fair and transparent assessment of whether a person meets the disability requirements or the early intervention requirements; and

(b)     have reference to areas of activity and social and economic participation identified in the World Health Organisation International Classification of Functions, Disability and Health as in force from time to time.

This Part is made for the purposes of subsection 209(2A) of the Act.



 

Part 8   Other matters

Citation

8.1     These Rules may be cited as the National Disability Insurance Scheme (Becoming a Participant) Rules 2016.

Interpretation

8.2     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.

8.3     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 8.4.

8.4     In these Rules:

2013 NDIS launch area means:

(a)     South Australia;

(b)     Tasmania;

(c)     the areas that comprise the following municipal districts of Victoria as at
1 July 2013:

(i)      Colac-Otway Shire;

(ii)     City of Greater Geelong;

(iii)     Borough of Queenscliffe;

(iv)    Surf Coast Shire;

(d)     the areas that comprise the following areas of New South Wales constituted under the Local Government Act 1993 (NSW) as at 1 July 2013:

(i)      Lake Macquarie City;

(ii)     Maitland City;

(iii)     Newcastle City.

2014 NDIS launch area means:

 (a)    the areas that comprise the following districts of Western Australia declared under section 2.1 of the Local Government Act 1995 (WA) as at 1 July 2014 (those areas, together, are known for the purposes of these Rules as Perth Hills):

(i)      Shire of Kalamunda;

(ii)     Shire of Mundaring;

(iii)     City of Swan;

(b)     the area that comprises the Barkly Region in the Northern Territory as defined under section 9 of the Local Government Act (NT) as at 1 July 2014 (that area is known for the purposes of these Rules as the Barkly Region);

(c)     the Australian Capital Territory.

Note: reference to the Australian Capital Territory in these Rules does not include the Jervis Bay Territory.

2015 NDIS early transition area means:

(a)       the areas that comprise the following areas of New South Wales constituted under the Local Government Act 1993 (NSW) as at 1 July 2015:   

(i)      City of Blue Mountains;

(ii)     City of Hawkesbury;

(iii)     City of Lithgow;

(iv)    City of Penrith.

2016 NDIS early transition areas means the areas specified in Schedules 1 and 2 of the Local Government Regulation 2012 (Qld) as:

(a)     Townsville City Council;

(b)     Charters Towers Regional Council;

(c)      Palm Island Aboriginal Shire Council.

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.

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

NDIS areas means the NDIS launch areas, NDIS early transition areas and NDIS areas specified in Schedule A to this Instrument.

NDIS launch area means the 2013 NDIS launch areas, together with the 2014 NDIS launch areas, and the 2015 NDIS launch areas.

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

parental responsibility¾see section 9 of the Act.

participant¾see section 9 of the Act.

service systems means general systems of service delivery or support services offered by a person, agency or body, or systems of service delivery or support services offered:

(a)     as part of a universal service obligation; or

(b)     in accordance with reasonable adjustments required under a law dealing with discrimination on the basis of disability.


Schedule A – Additional age and residence requirements

 

South Australia

For persons who reside in South Australia, additional age and residence requirements apply as set out below.  The Districts referred to in column 1 below have the meaning set out in Schedule B.

The effect of this table is that:

        Any person under the age of 15 who resides anywhere in South Australia will meet the additional age and residence requirements from 1 January 2016.

        Any person who will be under the age of 18 on 1 January 2017 and who resides anywhere in South Australia will meet the additional age and residence requirements from 1 July 2016.

        From 1 January 2017, persons who reside in the specified areas will meet both the additional age and residence requirements from the dates set out below.

A person meets the residence requirement if they reside in…

at the following time (the date mentioned in row 1 is the ‘relevant date’ for South Australia)…

The additional age requirements for the person are…

South Australia

on or after 1 January 2016.

the person is under 15 on the date the access request is made.

South Australia

on or after 1 July 2016.

the person is under 18 on 1 January 2017.

Barossa, Light and Lower North; or

Playford, Salisbury and Port Adelaide Enfield (East)

on or after 1 January 2017.

the person is under 65 on 1 July 2017.

Tea Tree Gully; or

Limestone Coast; or

Murray and Mallee

on or after 1 April 2017.

the person is under 65 on 1 October 2017.

Fleurieu and Kangaroo Island; or

Southern Adelaide; or

Eyre and Western; or

Far North; or

Yorke and Mid North

on or after 1 July 2017.

the person is under 65 on 1 January 2018.

Remainder of South Australia

 

on or after 1 October 2017.

the person is under 65 on 1 April 2018.

Tasmania

A person meets the additional residence requirements if they reside in Tasmania on or after the commencement of these Rules.  The ‘relevant date’ for Tasmania is the day on which these Rules commence.

For persons who reside in Tasmania there are additional age requirements that apply in the periods set out below.  There is a single exception in that the additional age requirements do not apply to persons who, on 1 July 2016, reside in Tasmania and are accessing Tasmanian funded Supported Accommodation.

The effect of the below table is that the range of ages at which a person meets the additional age requirements is progressively broadened until there are no additional age requirements in Tasmania by 1 July 2018.

For an access request made on or after (or received earlier but decided on or after):

The additional age requirement is that the person be:

1 February 2016

at least 12, and under 25, on the date the access request is made.

1 July 2016

at least 12, and under 29, on the date the access request is made.

1 January 2017

at least 4, and under 29, on the date the access request is made.

1 July 2017

at least 4, and under 35, on the date the access request is made.

1 January 2018

under 50, on the date the access request is made.

1 July 2018

under 65 on the date the access request is made (no additional age requirements apply).

*No additional age requirement applies in relation to persons who, on 1 July 2016, reside in Tasmania and are accessing Tasmanian funded shared Supported Accommodation.

Queensland

For persons who reside in Queensland additional age and residence requirements apply as set out below.  The effect of this table is that a person who resides in Townsville or Charters Towers from the day after this instrument will be registered will meet the additional residence requirements but will only meet the additional age requirements if they were under 18 on 1 April 2016.  A person who resides in Palm Island will meet the additional age and residence requirements from the day after this instrument will be registered.

A person meets the residence requirement if they reside in…

at the following time (the day mentioned is the ‘relevant date’ for the area in column 1)…

The additional age requirements for the person are…

Townsville; or

Charters Towers

on or after the day on which these Rules commence.

the person is under 18 on 1 April 2016 (this includes children born on or after 1 April 2016).

Palm Island

on or after the day on which these Rules commence.

no additional age requirements (the person is under 65 on the day of the access request)

New South Wales

For persons who reside in New South Wales additional age and residence requirements apply as set out below.  The Districts referred to in column 1 below have the meaning set out in Schedule B.

The effect of this table is that persons who reside in the specified areas will meet both the additional age and residence requirements from the dates set out.

A person meets the residence requirement if they reside in…

at the following time (the day mentioned is the ‘relevant date’ for the area in column 1)…

The additional age requirements for the person are…

Central Coast; or

Hunter New England; or

Northern Sydney; or

South Western Sydney; or

Southern NSW; or

Western Sydney; or

Nepean Blue Mountains

on or after 1 February 2016

no additional age requirements (the person is under 65 on the day of the access request)

Remainder of New South Wales

 

on or after 1 January 2017

no additional age requirements (the person is under 65 on the day of the access request)

Victoria

For persons residing in Victoria additional age and residence requirements apply as set out below.  The effect of this table is that persons who reside in the specified areas will meet additional age and residence requirements from the relevant dates set out. The Districts referred to in column 1 below have the meaning set out in Schedule B.

A person meets the residence requirement if they reside in…

at the following time (the day mentioned is the ‘relevant date’ for the area in column 1)…

The additional age requirements for the person are…

North Eastern Melbourne; or

Barwon

on or after 1 April 2016

No additional age requirements (the person is under 65 on the day of the access request).

Central Highlands

on or after 1 July 2016

No additional age requirements (the person is under 65 on the day of the access request).

Loddon

on or after 1 November 2016

No additional age requirements (the person is under 65 on the day of the access request).

Inner Gippsland: or

Ovens Murray; or

Western District

on or after 1 April 2017

No additional age requirements (the person is under 65 on the day of the access request).

Inner Eastern Melbourne; or

Outer Eastern Melbourne

on or after 1 May 2017

No additional age requirements (the person is under 65 on the day of the access request).

Hume Moreland

on or after 1 September 2017

No additional age requirements (the person is under 65 on the day of the access request).

Bayside Peninsula

on or after 1 October 2017

No additional age requirements (the person is under 65 on the day of the access request).

Southern Melbourne

on or after 1 March 2018

No additional age requirements (the person is under 65 on the day of the access request).

Brimbank Melton; or

Western Melbourne

on or after 1 April 2018

No additional age requirements (the person is under 65 on the day of the access request).

Remainder of Victoria

 

on or after 1 July 2018

No additional age requirements (the person is under 65 on the day of the access request).

Australian Capital Territory

A person meets the residence requirement if they reside in…

at the following time (the day mentioned is the ‘relevant date’ for the area in column 1)…

The additional age requirements for the person are…

Australian Capital Territory

on or after 1 July 2014

no additional age requirements (the person is under 65 on the day of the access request)

A person only meets the additional residence requirements if they reside in the relevant area at the time their access request is decided.  For example, a person can reside in the Australian Capital Territory at any time on or after 1 July 2014, so long as they are actually residing there at the time their access request is decided.

However, if a person would meet the additional residence requirements by residing in a particular area on or after a particular date, the person also meets the additional residence requirements if they resided in that area at the time they made an access request and the access request is decided on or after the particular date.

If a person would meet the additional age requirements by being a particular age on a particular date, the person also meets the additional age requirements if they were that age at the time they made an access request and the access request is decided on or after the particular date.

Schedule A is made for the purposes of paragraphs 22(1)(b) and 23(1)(c) of the Act.

Schedule B

 

NDIS areas – South Australia

District

Districts are comprised of the following local government areas of South Australia as at 1 January 2016

Barossa, Light and Lower North

 

Barossa

Gawler

Light

Mallala

Playford

Salisbury and Port Adelaide Enfield (East)

Playford

Salisbury

Port Adelaide Enfield (East)

Tea Tree Gully

Tea Tree Gully

Limestone Coast

Grant

Kingston

Mount Gambier

Naracoote and Lucindale

Robe

Tatiara

Wattle Range

Murray and Mallee

Berri and Barmera

Karoonda East Murray

Loxton Waikerie

Mid Murray

Murray Bridge

Renmark Paringa

Southern Mallee

The Coorong

Fleurieu and Kangaroo Island

Alexandrina

Kangaroo Island

Victor Harbour

Yankalilla

Southern Adelaide

Holdfast Bay

Marion

Mitcham

Onkaparinga

Eyre and Western

Ceduna

Cleve

Elliston

Franklin Harbour

Kimba

Lower Eyre Peninsula

Port Lincoln

Streaky Bay

Tumby Bay

Whyalla

Wudinna

Far North

Anangu Pitjantjatjara

Coober Pedy

Flinders Ranges

Port Augusta

Roxby Downs

Yorke and Mid North

Barunga West

Clare and Gilbert Valleys

Copper Coast

Goyder

Mount Remarkable

Northern Areas

Orroroo/Carrieton

Peterborough

Port Pirie City and Districts

Wakefield

Yorke Peninsula

Adelaide Hills

Adelaide Hills

Mount Barker

Eastern Adelaide

Adelaide

Burnside

Campbelltown

Norwood Payneham St Peters

Prospect

Unley

Walkerville

Western Adelaide

Charles Sturt

Port Adelaide Enfield (West)

West Torrens”

 

NDIS Areas – NSW

District

Districts are comprised of the following areas of New South Wales constituted under the Local Government Act 1993 (NSW) as at 1 January 2016

Central Coast

City of Gosford

Wyong Shire

Hunter New England

Armidale Dumaresq

City of Cessnock

Dungog Shire

Glen Innes Severn

Gloucester Shire

Great Lakes

City of Greater Taree

Gunnedah Shire

Guyra Shire

Gwydir Shire

Inverell Shire

City of Lake Macquarie

Liverpool Plains Shire

City of Maitland

Moree Plains Shire

Muswellbrook Shire

Narrabri Shire

City of Newcastle

Port Stephens

Singleton

Tamworth Regional

Tenterfield Shire

Upper Hunter Shire

Uralla Shire

Walcha

Nepean Blue Mountains

City of Blue Mountains

City of Hawkesbury

City of Lithgow
City of Penrith

Northern Sydney

Hornsby Shire

Hunters Hill Municipality

Ku-ring-gai

Lane Cove Municipality

Manly

Mosman Municipality

North Sydney

Pittwater

City of Ryde

Warringah

City of Willoughby

South Western Sydney

City of Bankstown

Camden

City of Campbelltown

City of Fairfield

City of Liverpool

Wingecarribee Shire

Wollondilly Shire

Southern NSW

Bega Valley Shire

Bombala

Cooma-Monaro Shire

Eurobodalla Shire

Goulburn Mulwaree

Palerang

City of Queanbeyan

Snowy River Shire

Upper Lachlan Shire

Yass Valley

Western Sydney

City of Auburn

City of Blacktown

City of Holroyd

City of Parramatta

The Hills Shire

Illawarra Shoalhaven

Kiama Municipality

City of Shellharbour

City of Shoalhaven

City of Wollongong

Mid North Coast

Bellingen Shire

City of Coffs Harbour

Kempsey Shire

Nambucca Shire

Port Macquarie-Hastings

Murrumbidgee

City of Albury

Berrigan Shire

Bland Shire

Boorowa

Carrathool Shire

Conargo Shire

Coolamon Shire

Cootamundra Shire

Corowa Shire

Deniliquin

Greater Hume Shire

City of Griffith

Gundagai Shire

Harden Shire

Hay Shire

Jerilderie Shire

Junee Shire

Leeton Shire

Lockhart Shire

Murray Shire

Murrumbidgee Shire

Narrandera Shire

Temora Shire

Tumbarumba Shire

Tumut Shire

Urana Shire

City of Wagga Wagga

Wakool Shire

Young Shire

Northern NSW

Ballina Shire

Byron Shire

Clarence Valley

Kyogle

City of Lismore

Richmond Valley

Tweed Shire

South Eastern Sydney

City of Botany Bay

City of Hurstville

City of Kogarah

City of Randwick

City of Rockdale

Sutherland Shire

City of Sydney - Inner and East

Waverley

Woollahra Municipality

Sydney

Ashfield

Burwood

Canada Bay

Canterbury

Leichhardt

Marrickville

Strathfield

Sydney - South and West

Western NSW

Bathurst Regional

Blayney Shire

Bogan Shire

Bourke Shire

Brewarrina Shire

Cabonne

Cobar Shire

Coonamble Shire

Cowra Shire

City of Dubbo

Forbes Shire  

Gilgandra Shire

Lachlan Shire

Mid-Western Regional

Narromine Shire

Oberon

City of Orange

Parkes Shire

Walgett Shire

Warren Shire

Warrumbungle Shire

Weddin Shire

Wellington

Far West

Balranald Shire

City of Broken Hill

Central Darling Shire

Wentworth Shire

 

NDIS Areas – Victoria

District

Districts are comprised of the following municipal districts of Victoria as at 1 January 2016

Barwon

Colac-Otway Shire

City of Greater Geelong

Surf Coast Shire

Borough of Queenscliffe

North Eastern Melbourne

City of Banyule

City of Darebin

Nillumbik Shire

City of Whittlesea

City of Yarra

Central Highlands

Rural City of Ararat

City of Ballarat

Golden Plains Shire

Hepburn Shire

Moorabool Shire

Pyrenees Shire

Loddon

Campaspe Shire

Central Goldfields Shire

City of Greater Bendigo

Loddon Shire

Macedon Ranges Shire

Mount Alexander Shire

Inner Gippsland

Bass Coast Shire

Baw Baw Shire

City of Latrobe

South Gippsland Shire

Ovens Murray

Alpine Shire

Rural City of Benalla

Indigo Shire

Mansfield Shire

Towong Shire

Rural City of Wangaratta

City of Wodonga

Western District

Corangamite Shire

Glenelg Shire

Hindmarsh Shire

Rural City of Horsham

Moyne Shire

Northern Grampians Shire

Southern Grampians Shire

City of Warrnambool

West Wimmera Shire

Yarriambiack Shire

Inner Eastern Melbourne

City of Boroondara

City of Manningham

City of Monash

City of Whitehorse

Outer Eastern Melbourne

City of Knox

City of Maroondah

Yarra Ranges Shire

Hume Moreland

City of Hume

City of Moreland

Bayside Peninsula

City of Bayside

City of Frankston

City of Glen Eira

City of Kingston

Mornington Peninsula Shire

City of Port Phillip

City of Stonnington

Southern Melbourne

Cardinia Shire

City of Casey

City of Greater Dandenong

Brimbank Melton

City of Brimbank

City of Melton

Western Melbourne

City of Hobsons Bay

City of Maribyrnong

City of Melbourne

City of Moonee Valley

City of Wyndham

 

Goulburn

City of Greater Shepparton

Mitchell Shire

Moira Shire

Murrindindi Shire

Strathbogie Shire

Mallee

Buloke Shire

Gannawarra Shire

Rural City of Mildura

Rural City of Swan Hill

Outer Gippsland

East Gippsland Shire

Wellington Shire