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Rules/Other as amended, taking into account amendments up to National Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans—Western Australia) Amendment Rules 2018
Administered by: Social Services
Registered 23 Mar 2018
Start Date 24 Feb 2018

 

Commonwealth Coat of Arms

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

 

made under sections 32, 32A (other than subsection 32A(4)) and 209 of the

National Disability Insurance Scheme Act 2013

Compilation No. 1               

Compilation date:                              24 February 2018

Includes amendments up to:            National Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans—Western Australia) Amendment Rules 2018 – F2018L00144

 

About this compilation

 

This compilation

This is a compilation of the National Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans—Western Australia) Rules 2014 that shows the text of the law as amended and in force on 24 February 2018 (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

National Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans—Western Australia) Rules 2014  1

Part 1         What these Rules are about 2

Part 2         Preparation of plans for residents of Western Australia  3

Part 3         Other matters  8

Citation  8

Interpretation  8

 

 


Part 1   What these Rules are about

 

1.1     Each participant in the NDIS 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 orderly transition of the NDIS in Western Australia, 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. This Instrument relates 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.

 

1.3     This Instrument explains how participants in Western Australia will be phased into the NDIS.

1.4     The table in paragraph 2.5 sets out the phasing timetable for the CEO to commence facilitating the preparation of plans in accordance with agreements that have been reached between the Commonwealth of Australia and the State of Western Australia.

1.5     The Act sets out a number of objects and principles for the NDIS, to which this Instrument gives 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 Western 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 Western Australia is detailed below.

2.2     In part, the table in paragraph 2.5 sets out classes of participants in Western Australia and sets out the circumstances in which the CEO is to commence the facilitation of the preparation of those participants’ plans. The CEO will deal with each class sequentially; facilitation for a class will be commenced once the CEO has decided that the Agency has the capacity to do so, in light of the number of participants in previous classes whose plans have been dealt with, and the number yet to be dealt with.

2.3     The table in paragraph 2.5 also provides that the CEO’s decisions to commence facilitating the preparation of plans for classes will occur in accordance with the timing specified for that class in that table. Otherwise, the sequence of classes is flexible. 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.

2.4     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 2.5. If the CEO does so, the CEO is able to delay the commencement of the facilitation of other participants’ plans, so far as is reasonably necessary, even if that delay would be contrary to that sequence.

Paragraph 2.4 summarises the effect of subsection 32A(3) of the Act.

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

 

 

 

 

Class

Conditions for inclusion in class

Circumstances in, or period within, which the CEO is to commence the facilitation of the preparation of the participants’ plans

Class 1

Participants in one of the following categories are included in the class:

 

(i)     Residents of one of the following NDIS areas:

a.     North East Metro service region; and

b.     Chittering, Northam, Toodyay, and York districts in the Wheatbelt service region.

(ii)    Existing WA NDIS Participants.

 

As soon as practicable

Class 2

Participants who reside in one of the following NDIS areas:

(i)     Kimberley-Pilbara service region;

(ii)    South Metro service region; and

(iii)   the Augusta-Margaret River, Boyup Brook, Bridgetown-Greenbushes, Busselton, Donnybrook-Balingup, Manjimup, and Nannup districts of the South West service region.

 

The CEO decides (on or after 1 February 2018) that the Agency has the capacity to commence the facilitation of the preparation of the participants’ plans, in light of the number of participants in Class 1 whose plans have been dealt with and the number yet to be dealt with

Class 3

Participants who reside in one of the following NDIS areas:

(i)     Central South Metro service region; and

(ii)    Wheatbelt service region (except the Chittering, Northam, Toodyay, and York districts that are listed under Class 1).

 

The CEO decides (on or after 1 July 2018) that the Agency has the capacity to commence the facilitation of the preparation of the participants’ plans, in light of the number of participants in Classes 1 and 2 whose plans have been dealt with and the number yet to be dealt with

Class 4

Participants who reside in one of the following NDIS areas:

(i)     Goldfields-Esperance service region;

(ii)    North Metro service region; and

(iii)   South West service region (except Augusta-Margaret River, Boyup Brook, Bridgetown-Greenbushes, Busselton, Donnybrook-Balingup, Manjimup, and Nannup districts that are listed under Class 2).   

 

The CEO decides (on or after 1 October 2018) that the Agency has the capacity to commence the facilitation of the preparation of the participants’ plans, in light of the number of participants in Classes 1, 2 and 3 whose plans have been dealt with and the number yet to be dealt with


Class 5

Participants who reside in one of the following NDIS areas:

(i)             Midwest-Gascoyne service region;

(ii)            Great Southern service region;

(iii)           Central North Metro service region;

(iv)           South East Metro service region.

 

The CEO decides (on or after 1 July 2019) that the Agency has the capacity to commence the facilitation of the preparation of the participants’ plans, in light of the number of participants in Classes 1, 2, 3 and 4 whose plans have been dealt with and the number yet to be dealt with

 

Class 6

Participants who reside in one of the following NDIS areas:

(i)             Christmas Island territory;

(ii)            Cocos (Keeling) Islands territory.

 

The CEO decides (on or after 1 July 2020) that the Agency has the capacity to commence the facilitation of the preparation of the participants’ plans, in light of the number of participants in Classes 1, 2, 3, 4 and 5 whose plans have been dealt with and the number yet to be dealt with

 

Note: The districts comprising the service regions, and the shires comprising the territories, listed in column 2 of the above table are outlined in Schedule A to this Instrument. Services regions and territories are NDIS areas for the purposes of the National Disability Insurance Scheme (Becoming a Participant) Rules 2016.

 

2.6     Subject to paragraph 2.11 of this Instrument, the CEO may make a decision referred to in column 3 of the table at paragraph 2.5 before the date specified for that decision in that column. Such an early decision may only be made if:

 

(a)            the CEO decides that the Agency has the capacity to commence the facilitation of the preparation of plans for participants in the relevant class before the date;

(b)       the decision would not adversely affect the facilitation of the plans of participants in other classes; and

(c)       the State of Western Australia and the Commonwealth of Australia agree to the CEO making the decision.

 

Subclasses

2.7     For the purposes of paragraph 2.8, the CEO may decide there are one or more subclasses of participants within classes 1 – 6 of the table at paragraph 2.5. These subclasses are to be constituted by reference to:

(a)            the district in which the participants reside; and        

(b)       if the participants are Existing WA clients – whether the participants are:

(i)    supported accommodation clients, including those receiving alternative care arrangements; or

(ii)   existing clients of the Department of Communities representing the State of Western Australia (WA DoC) who are:

A.           block-funded clients; or

B.           receiving a state funded service and who are not block-funded clients.

2.8     For each subclass, the CEO is to commence facilitating the preparation of plans for participants in the subclass when the CEO decides that it is appropriate to do so, having regard to the progress of the preparation of plans for participants in the relevant class.

2.9     In making a decision under paragraph 2.7 or 2.8, or considering whether to make such a decision, the CEO must have regard to the following principles:

(a)       the transition to the NDIS of the following cohorts are prioritised as follows:

(i)    Existing WA NDIS Participants are prioritised;

(ii)   within each class, the transition of Existing WA clients who are supported accommodation clients or who reside in residential aged care facilities should be prioritised;

(iii)  within each class, the transition of Existing WA clients who are block-funded clients should be prioritised;

(b)       that the facilitation of the preparation of plans for shared supported accommodation residents should be done in a way that:

(i)    takes into account the intensive planning and support required for that facilitation; and

(ii)   enables, where practicable, participants who reside in the same home or facility to have their plans facilitated contemporaneously; and

(c)       that where practicable, participants receiving services from the same provider should have their plans facilitated contemporaneously.

 

2.10   Paragraphs 2.8 and 2.9 do not limit the matters that the CEO may take into account in making a decision.

Consultation

2.11   If the CEO is considering making a decision referred to in column 3 of the table in paragraph 2.5, the CEO must, as early as possible:

(a)       seek the views of the State of Western Australia and of the Department representing the Commonwealth of Australia 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 Western Australia for the funding of the NDIS); and

(b)       use his or her best endeavours to reach an agreement between those bodies politic about the proposed decision.


Part 3   Other matters

Citation

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

Interpretation

3.2     This Instrument includes text that summarises provisions of the Act. The boxed notes identify such text, which does not form an operative part of this Instrument.

3.3     Terms and expressions that are used in the Act have the same meaning in this Instrument unless this Instrument displays a contrary intention—see the Acts Interpretation Act 1901 and the Legislation Act 2003, which include definitions and rules of interpretation that apply to all Commonwealth legislation.

3.4     In this Instrument:

Act means the National Disability Insurance Scheme Act 2013.

Agency¾see section 9 of the Act.

CEO¾see section 9 of the Act.

 

Existing WA client means a person who is receiving specialist disability services, funded or administered by the State of Western Australia and who is not an Existing WA NDIS Participant.

 

Existing WA NDIS Participant has the same meaning as in paragraph 8.4 of the National Disability Insurance Scheme (Becoming a Participant) Rules 2016.

 

     Instrument means these National Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans—Western Australia) Rules 2014.

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

NDIS area has the same meaning as in paragraph 8.4 of the National Disability Insurance Scheme (Becoming a Participant) Rules 2016.

 

participant¾see section 9 of the Act.

WA NDIS Model has the same meaning as in paragraph 8.4 of the National Disability Insurance Scheme (Becoming a Participant) Rules 2016.

 

 

Schedule A  NDIS areas – Western Australia

Service region

Service regions are comprised of the following districts, as constituted under the Local Government Act 1995 (WA) at 1 December 2017

Central North Metro

 

Cambridge

Claremont

Cottesloe

Mosman Park

Nedlands

Peppermint Grove

Perth

Stirling

Subiaco

Vincent

Central South Metro

 

Cockburn

East Fremantle

Fremantle

Kwinana

Melville

South Perth

North Metro

 

Joondalup

Wanneroo

North East Metro

 

Bassendean

Bayswater

Kalamunda

Mundaring

Swan

South East Metro

 

Belmont

Canning

Gosnells

Victoria Park

South Metro

 

Armadale

Mandurah

Murray

Rockingham

Serpentine-Jarrahdale

Kimberley-Pilbara

 

Ashburton

Broome

Derby – West Kimberley

East Pilbara

Halls Creek

Karratha

Port Hedland

Wyndham – East Kimberley

Midwest - Gascoyne

 

Carnamah

Carnarvon

Chapman Valley

Coorow

Cue

Exmouth

Greater Geraldton

Irwin

Meekatharra

Mingenew

Morawa

Mount Magnet

Mullewa

Murchison

Northampton

Perenjori

Sandstone

Shark Bay

Three Springs

Upper Gascoyne

Wiluna

Yalgoo

Wheatbelt

 

Beverley

Boddington

Brookton

Bruce Rock

Chittering

Corrigin

Cuballing

Cunderdin

Dalwallinu

Dandaragan

Dowerin

Dumbleyung

Gingin

Goomalling

Kellerberrin

Kulin

Kondinin Koorda

Lake Grace

Merredin

Moora

Mount Marshall

Mukinbudin

Narembeen

Narrogin

Northam

Nungarin

Pingelly

Quairading

Tammin

Toodyay

Trayning

Victoria Plains

Wagin

Wandering

West Arthur

Westonia

Wickepin

Williams

Wongan-Ballidu

Wyalkatchem

Yilgarn

York

South West

Augusta-Margaret River

Boyup Brook

Bridgetown-Greenbushes

Bunbury

Busselton

Capel

Collie

Dardanup

Donnybrook-Balingup

Harvey

Manjimup

Nannup

Waroona

Great Southern

 

Albany

Broomehill-Tambellup

Cranbrook

Denmark

Gnowangerup

Jerramungup

Katanning

Kent

Kojonup

Plantagenet

Woodanilling

Goldfields-Esperance

 

Coolgardie

Dundas

Esperance

Kalgoorlie-Boulder

Laverton

Leonora

Menzies

Ngaanyatjarraku

Ravensthorpe

 

 

Territory

Territories are comprised of the following shires as at 1 December 2017

Christmas Island

Shire of Christmas Island

Cocos (Keeling) Islands

 

Shire of Cocos (Keeling) Island

 


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

 

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /sub‑subparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

 

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislation

rep = repealed

gaz = gazette

rs = repealed and substituted

LA = Legislation Act 2003

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

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

 

National Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans—Western Australia) Amendments Rules 2018

30 June 2014

 

 

 

 

 

 

23 February 2018

1 July 2014

 

 

 

 

 

 

24 February 2018

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

Commencement provision

Part 1, paragraphs 1.2

Part 1, paragraphs 1.3-1.5

Part 1, paragraphs 1.6-1.7

Part 2, paragraphs 2.2-2.3

Part 2, paragraphs 2.4-2.7

Part 2, paragraphs 2.8-2.11

Part 3, paragraph 3.1

Part 3, paragraph 3.2

Part 3, paragraphs 3.3-3.4

Part 3, paragraph 3.4, definitions of Existing WA client, Existing WA NDIS Participant, Instrument and NDIS area

Part 3, paragraph 3.4, definitions of Participant in receipt of DSC funding but not accessing LAC, LAC participant and New participant

Schedule A, NDIS areas – Western Australia

rep. s48D LA
am;
F2018L00144

rs.; F2018L00144

rep.; F2018L00144

am; F2018L00144

rs.; F2018L00144

ad.; F2018L00144

am; F2018L00144

rs.; F2018L00144

am.; F2018L00144

ad.; F2018L00144

 

 

 

 

rep.; F2018L00144

 

 

 

 

ad; F2018L00144