Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
National Disability Insurance Scheme
Amendment (Participant Service
Guarantee and Other Measures) Bill
2021
No. , 2021
(National Disability Insurance Scheme)
A Bill for an Act to amend the National Disability
Insurance Scheme Act 2013, and for related
purposes
No. , 2021
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 5
Schedule 1--Participant service guarantee
6
National Disability Insurance Scheme Act 2013
6
Schedule 2--Flexibility measures
26
National Disability Insurance Scheme Act 2013
26
Schedule 3--Full scheme amendments
39
Part 1--Main amendments
39
National Disability Insurance Scheme Act 2013
39
Part 2--Consequential amendments
49
DisabilityCare Australia Fund Act 2013
49
No. , 2021
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
1
A Bill for an Act to amend the National Disability
1
Insurance Scheme Act 2013, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
National Disability Insurance Scheme Amendment
6
(Participant Service Guarantee and Other Measures) Act 2021
.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
No. , 2021
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
item 1
The seventh day after this Act receives the
Royal Assent.
3. Schedule 1,
items 2 and 3
The later of:
(a) the day after the end of the period of 3
months beginning on the day this Act
receives the Royal Assent; and
(b) 1 April 2022.
4. Schedule 1,
items 4 to 12
The seventh day after this Act receives the
Royal Assent.
5. Schedule 1,
item 13
The later of:
(a) the day after the end of the period of 3
months beginning on the day this Act
receives the Royal Assent; and
(b) 1 April 2022.
6. Schedule 1,
item 14
The seventh day after this Act receives the
Royal Assent.
7. Schedule 1,
item 15
The later of:
(a) the day after the end of the period of 3
months beginning on the day this Act
receives the Royal Assent; and
(b) 1 April 2022.
8. Schedule 1,
item 16
The seventh day after this Act receives the
Royal Assent.
9. Schedule 1,
items 17 to 29
The later of:
(a) the day after the end of the period of 3
months beginning on the day this Act
receives the Royal Assent; and
(b) 1 April 2022.
No. , 2021
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
10. Schedule 1,
item 30
The seventh day after this Act receives the
Royal Assent.
11. Schedule 1,
items 31 to 33
The later of:
(a) the day after the end of the period of 3
months beginning on the day this Act
receives the Royal Assent; and
(b) 1 April 2022.
12. Schedule 1,
items 34 to 36
The seventh day after this Act receives the
Royal Assent.
13. Schedule 1,
item 37
The later of:
(a) the day after the end of the period of 3
months beginning on the day this Act
receives the Royal Assent; and
(b) 1 April 2022.
14. Schedule 1,
item 38
The seventh day after this Act receives the
Royal Assent.
15. Schedule 1,
item 39
The later of:
(a) the day after the end of the period of 3
months beginning on the day this Act
receives the Royal Assent; and
(b) 1 April 2022.
16. Schedule 1,
item 40
The seventh day after this Act receives the
Royal Assent.
17. Schedule 1,
item 41
The later of:
(a) the day after the end of the period of 3
months beginning on the day this Act
receives the Royal Assent; and
(b) 1 April 2022.
18. Schedule 1,
items 42 and 43
The seventh day after this Act receives the
Royal Assent.
4
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
No. , 2021
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
19. Schedule 1,
items 44 to 51
The later of:
(a) the day after the end of the period of 3
months beginning on the day this Act
receives the Royal Assent; and
(b) 1 April 2022.
20. Schedule 1,
items 52 to 57
The seventh day after this Act receives the
Royal Assent.
21. Schedule 1,
item 58
The later of:
(a) the day after the end of the period of 3
months beginning on the day this Act
receives the Royal Assent; and
(b) 1 April 2022.
22. Schedule 1,
items 59 and 60
The seventh day after this Act receives the
Royal Assent.
23. Schedule 1,
items 61 and 62
The later of:
(a) the day after the end of the period of 3
months beginning on the day this Act
receives the Royal Assent; and
(b) 1 April 2022.
24. Schedule 1,
items 63 and 64
The seventh day after this Act receives the
Royal Assent.
25. Schedule 1,
item 65
The later of:
(a) the day after the end of the period of 3
months beginning on the day this Act
receives the Royal Assent; and
(b) 1 April 2022.
26. Schedule 1,
items 66 and 67
The seventh day after this Act receives the
Royal Assent.
27. Schedule 1,
items 68 and 69
The later of:
(a) the day after the end of the period of 3
months beginning on the day this Act
receives the Royal Assent; and
(b) 1 April 2022.
No. , 2021
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
5
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
28. Schedule 1,
items 70 and 71
The seventh day after this Act receives the
Royal Assent.
29. Schedule 2
The later of:
(a) the day after the end of the period of 3
months beginning on the day this Act
receives the Royal Assent; and
(b) 1 April 2022.
30. Schedule 3
The seventh day after this Act receives the
Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Schedule 1
Participant service guarantee
6
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
No. , 2021
Schedule 1--Participant service guarantee
1
2
National Disability Insurance Scheme Act 2013
3
1 Section 9
4
Insert:
5
Commonwealth Ombudsman
means the person for the time being
6
holding office as Commonwealth Ombudsman under the
7
Ombudsman Act 1976
.
8
2 Section 9
9
Insert:
10
reassessment date
of a participant's plan means the date specified
11
in the plan under paragraph 33(2)(c).
12
3 Section 9 (definition of review date)
13
Repeal the definition.
14
4 Section 20
15
Before "If", insert "(1)".
16
5 Section 20
17
Omit ", within 21 days of receiving the access request".
18
6 At the end of section 20
19
Add:
20
(2) The CEO must do a thing referred to in paragraph (1)(a) or (b)
21
within the following number of days of receiving the access
22
request:
23
(a) 21 days, unless paragraph (b) applies;
24
(b) if the National Disability Insurance Scheme rules prescribe a
25
lesser number of days for the purposes of this paragraph--
26
that lesser number of days.
27
Participant service guarantee
Schedule 1
No. , 2021
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
7
7 Paragraph 21(3)(a)
1
Omit "paragraph 20(a) or (b) within the 21-day period referred to in",
2
substitute "paragraph 20(1)(a) or (b) within the period applicable
3
under".
4
8 Subsection 21(3) (note 1)
5
Repeal the note.
6
9 Subsection 21(3) (note 2)
7
Omit "Note 2", substitute "Note".
8
10 Subsection 26(1)
9
Omit "paragraph 20(b)", substitute "paragraph 20(1)(b)".
10
11 Paragraph 26(2)(b)
11
Omit "28 days", substitute "90 days".
12
12 Paragraph 26(3)(b)
13
Omit "28 days", substitute "90 days".
14
13 Section 31
15
Omit "review", substitute "variation, reassessment".
16
14 Sections 32 and 32A
17
Repeal the sections, substitute:
18
32 CEO must facilitate preparation of participant's plan
19
(1) If a person becomes a participant, the CEO must facilitate the
20
preparation of the participant's plan.
21
(2) The CEO must commence facilitating the preparation of the
22
participant's plan within 21 days of the person becoming a
23
participant.
24
15 Paragraph 33(2)(c)
25
Omit "review", substitute "reassess".
26
Schedule 1
Participant service guarantee
8
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
No. , 2021
16 Subsection 33(4)
1
Repeal the subsection, substitute:
2
(4) The CEO must decide whether or not to approve the statement of
3
participant supports:
4
(a) within the period worked out in accordance with the National
5
Disability Insurance Scheme rules prescribed for the
6
purposes of this paragraph (which may take account of
7
section 36 (information and reports)); or
8
(b) if there are no such rules--as soon as reasonably practicable,
9
including what is reasonably practicable having regard to
10
section 36 (information and reports).
11
17 Subsection 36(3) (note)
12
Omit "reviewed", substitute "varied or can be reassessed".
13
18 At the end of subsection 37(1)
14
Add:
15
Note:
Division 4 deals with varying and replacing plans.
16
19 Subsection 37(2)
17
Repeal the subsection.
18
20 Paragraph 41(2)(c)
19
Omit "request a review of the plan under subsection 48(1)", substitute
20
"make a request under subsection 47A(2) for a variation of the plan or
21
make a request under subsection 48(2) for a reassessment of the plan".
22
21 Division 4 of Part 2 of Chapter 3 (heading)
23
Repeal the heading, substitute:
24
Division 4--Varying and replacing participants' plans
25
22 Subsection 47(1) (note)
26
Repeal the note, substitute:
27
Note 1:
The participant may make a request under subsection 47A(2) for a
28
variation of the participant's plan or make a request under
29
subsection 48(2) for a reassessment of the participant's plan.
30
Participant service guarantee
Schedule 1
No. , 2021
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
9
Note 2:
The CEO may vary the plan under subsection 47A(1) or may reassess
1
the plan under section 48, 49 or 49A.
2
23 After section 47
3
Insert:
4
47A Variation of participant's plan on request of participant or
5
CEO's own initiative
6
(1) The CEO may, in writing, vary a participant's plan (except the
7
participant's statement of goals and aspirations) if the variation is:
8
(a) a change to the statement of participant supports in the
9
circumstances prescribed by the National Disability
10
Insurance Scheme rules; or
11
(b) a correction of a minor or technical error; or
12
(c) of a kind prescribed by the National Disability Insurance
13
Scheme rules.
14
Each variation must be prepared with the participant.
15
Variation on request of participant or CEO's own initiative
16
(2) The CEO may vary the participant's plan on request of the
17
participant or on the CEO's own initiative.
18
Requirements of CEO
19
(3) In varying the participant's plan in relation to the statement of
20
participant supports, the CEO must:
21
(a) have regard to the participant's statement of goals and
22
aspirations; and
23
(b) have regard to relevant assessments conducted in relation to
24
the participant; and
25
(c) be satisfied as mentioned in section 34 in relation to the
26
reasonable and necessary supports that will be funded and the
27
general supports that will be provided; and
28
(d) apply the National Disability Insurance Scheme rules (if any)
29
made for the purposes of section 35; and
30
(e) have regard to the principle that a participant should manage
31
the participant's plan to the extent that the participant wishes
32
to do so; and
33
Schedule 1
Participant service guarantee
10
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
No. , 2021
(f) have regard to the operation and effectiveness of any
1
previous plans of the participant.
2
Decision on request
3
(4) If the participant requests a variation of the participant's plan, the
4
CEO must before the end of the period of 21 days beginning on the
5
day the CEO receives the request:
6
(a) make a decision under subsection (1) varying the plan; or
7
(b) make a decision not to vary the plan and not to reassess the
8
plan under subsection 48(1); or
9
(c) make a decision not to vary the plan but to reassess the plan
10
under subsection 48(1) instead; or
11
(d) inform the participant that the CEO requires further time to
12
decide whether or not the plan needs to be varied.
13
Note:
If the CEO informs the person that the CEO requires further time to
14
decide whether or not the plan needs to be varied, see subsection (8)
15
for the period for making a decision on the request.
16
(5) If the CEO does not do a thing under subsection (4) within that
17
21-day period, the CEO is taken to have decided not to vary the
18
plan and not to reassess the plan under subsection 48(1).
19
Matters to which the CEO must have regard
20
(6) The National Disability Insurance Scheme rules may set out
21
matters to which the CEO must have regard:
22
(a) in deciding whether to vary a participant's plan on the CEO's
23
own initiative; or
24
(b) in doing a thing under subsection (4).
25
Notification of decision
26
(7) The CEO must notify the participant of a decision of the CEO
27
under paragraph (4)(c).
28
Note:
For notification of a decision under paragraph (4)(b), see
29
subsection 100(1).
30
Participant service guarantee
Schedule 1
No. , 2021
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
11
Time for decision on request
1
(8) If, under paragraph (4)(d), the CEO informs the participant that the
2
CEO requires further time to decide whether or not the plan needs
3
to be varied, the CEO must then vary the plan under subsection (1)
4
or make a decision not to vary the plan:
5
(a) within the period worked out in accordance with the National
6
Disability Insurance Scheme rules prescribed for the
7
purposes of this paragraph (which may take account of
8
section 50 (information and reports)); or
9
(b) if there are no such rules--as soon as reasonably practicable,
10
including what is reasonably practicable having regard to
11
section 50 (information and reports).
12
Variation may be different from the one the participant requested
13
(9) If the participant requests a variation of the participant's plan, any
14
variation under subsection (1) may be different from the one
15
requested.
16
When variation takes effect
17
(10) A variation under subsection (1) takes effect on the day specified
18
in the variation (which must not be earlier than the day the
19
variation is made).
20
Agency to give participant a copy of varied plan
21
(11) The Agency must provide a copy of the varied plan to the
22
participant within 7 days of the variation taking effect.
23
24 Sections 48 and 49
24
Repeal the sections, substitute:
25
48 Reassessment of participant's plan on request of participant or
26
CEO's own initiative
27
(1) The CEO may conduct a reassessment of a participant's plan at any
28
time.
29
Schedule 1
Participant service guarantee
12
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
No. , 2021
Variation on request of participant or CEO's own initiative
1
(2) The CEO may do so on request of the participant or on the CEO's
2
own initiative.
3
Decision on request
4
(3) If the participant requests a reassessment of the participant's plan,
5
the CEO must before the end of the period of 21 days beginning on
6
the day the CEO receives the request:
7
(a) make a decision that the plan needs to be varied under
8
subsection 47A(1); or
9
(b) make a decision that the plan needs to be reassessed; or
10
(c) make a decision not to conduct a reassessment of the plan.
11
Note:
If the CEO decides the plan needs to be reassessed, see subsection (8)
12
for the period for completing the reassessment.
13
(4) If the CEO does not make a decision under paragraph (3)(a), (b) or
14
(c) within that 21-day period, the CEO is taken to have decided not
15
to conduct a reassessment of the plan.
16
Matters to which the CEO must have regard
17
(5) The National Disability Insurance Scheme rules may set out
18
matters to which the CEO must have regard:
19
(a) in deciding whether to conduct a reassessment of a
20
participant's plan on the CEO's own initiative; or
21
(b) in making a decision under paragraph (3)(a), (b) or (c).
22
Notification of decision
23
(6) The CEO must notify the participant of the following:
24
(a) a decision of the CEO to conduct a reassessment of the
25
participant's plan on the CEO's own initiative;
26
(b) a decision of the CEO under paragraph (3)(a) or (b).
27
Note:
For notification of a decision under paragraph (3)(c), see
28
subsection 100(1).
29
Participant service guarantee
Schedule 1
No. , 2021
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
13
Outcome of reassessment
1
(7) If the CEO conducts a reassessment under subsection (1) of a
2
participant's plan, the CEO must:
3
(a) complete the reassessment; and
4
(b) either:
5
(i) vary, under subsection 47A(1), the participant's plan as
6
a result of that reassessment; or
7
(ii) prepare a new plan with the participant in accordance
8
with Division 2 and approve, under subsection 33(2),
9
the statement of participant supports in the new plan.
10
Time for completing reassessment
11
(8) The CEO must do the things under paragraphs (7)(a) and (b):
12
(a) within the period worked out in accordance with the National
13
Disability Insurance Scheme rules prescribed for the
14
purposes of this paragraph (which may take account of
15
section 50 (information and reports)); or
16
(b) if there are no such rules--as soon as reasonably practicable,
17
including what is reasonably practicable having regard to
18
section 50 (information and reports).
19
49 Reassessment of participant's plan before plan's reassessment
20
date
21
(1) The CEO must do the following before the reassessment date of a
22
participant's plan:
23
(a) complete a reassessment of the plan;
24
(b) either:
25
(i) vary, under subsection 47A(1), the participant's plan as
26
a result of that reassessment; or
27
(ii) prepare a new plan with the participant in accordance
28
with Division 2 and approve, under subsection 33(2),
29
the statement of participant supports in the new plan.
30
(2) The CEO must start the reassessment under subsection (1) before
31
the period (if any) worked out in accordance with the National
32
Disability Insurance Scheme rules prescribed for the purposes of
33
this subsection.
34
Schedule 1
Participant service guarantee
14
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
No. , 2021
49A Reassessment of participant's plan in circumstances specified in
1
plan
2
The CEO must conduct a reassessment of a participant's plan in
3
the circumstances, if any, specified in the plan.
4
25 Section 50 (heading)
5
Repeal the heading, substitute:
6
50 Information and reports for the purposes of varying or
7
reassessing a participant's plan
8
26 Subsection 50(1)
9
Omit "reviewing", substitute "varying or reassessing".
10
27 Paragraph 50(2)(a)
11
Omit "reviewing", substitute "varying or reassessing".
12
28 Subsection 50(3)
13
Omit "review", substitute "vary or reassess".
14
29 Subsection 50(3) (note)
15
Omit "reviewed" (wherever occurring), substitute "varied or
16
reassessed".
17
30 Before section 51
18
Insert:
19
50J CEO to comply with requirements in relation to prospective
20
participants or participants
21
The National Disability Insurance Scheme rules may prescribe
22
requirements with which the CEO must comply in relation to the
23
following:
24
(a) the preparation of plans for participants;
25
(b) plans that have come into effect for participants;
26
Participant service guarantee
Schedule 1
No. , 2021
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
15
(c) giving effect
to decisions of the Administrative Appeals
1
Tribunal in relation to prospective participants or
2
participants.
3
31 Paragraph 55(2)(d)
4
Omit "or review", substitute ", variation or reassessment".
5
32 Paragraphs 78(1)(a) and (5)(a)
6
Omit "review", substitute "variation, reassessment".
7
33 Paragraph 79(1)(a)
8
Omit "review", substitute "variation, reassessment".
9
34 Subsection 89(1)
10
Omit "the CEO must, as soon as practicable, cancel the appointment by
11
written instrument.", substitute:
12
the CEO must cancel the appointment by written instrument:
13
(c) within the period worked out in accordance with the National
14
Disability Insurance Scheme rules prescribed for the
15
purposes of this paragraph; or
16
(d) if there are no such rules--as soon as reasonably practicable.
17
35 Subsection 89(3)
18
Omit "the CEO must, as soon as practicable, cancel the appointment by
19
written instrument.", substitute:
20
the CEO must cancel the appointment by written instrument:
21
(c) within the period worked out in accordance with the National
22
Disability Insurance Scheme rules prescribed for the
23
purposes of this paragraph; or
24
(d) if there are no such rules--as soon as reasonably practicable.
25
36 Paragraph 90(3)(a)
26
Repeal the paragraph, substitute:
27
(a) the CEO must decide whether to cancel the appointment
28
within the following number of days after receiving the
29
request:
30
(i) 14 days, unless subparagraph (ii) applies;
31
Schedule 1
Participant service guarantee
16
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
No. , 2021
(ii) if the National Disability Insurance Scheme rules
1
prescribe a number of days for the purposes of this
2
subparagraph--that number of days; and
3
37 Paragraph 96(2)(b)
4
Omit "or review", substitute ", variation or reassessment".
5
38 Subsection 99(1) (table item 1)
6
Omit "paragraph 20(a)", substitute "paragraph 20(1)(a)".
7
39 Subsection 99(1) (table item 6)
8
Repeal the item, substitute:
9
6
a decision to vary a
participant's plan
subsection 47A(1)
CEO
6A
a decision not to vary a
participant's plan and
not to reassess the plan
paragraph 47A(4)(b) or
subsection 47A(5)
CEO
6B
a decision not to vary a
participant's plan
subsection 47A(8)
CEO
6C
a decision not to
conduct a reassessment
of a participant's plan
paragraph 48(3)(c) or
subsection 48(4)
CEO
40 Subsection 100(1)
10
After "of the reviewable decision", insert ", and of the reasons for the
11
reviewable decision,".
12
41 Subparagraph 100(1A)(a)(ii) and paragraph 100(5)(b)
13
Omit "or 48(2)", substitute ", 47A(5) or 48(4)".
14
42 Subsection 100(6)
15
Omit ", as soon as reasonably practicable,".
16
43 After subsection 100(6)
17
Insert:
18
(6A) The reviewer must make the decision under subsection (6):
19
Participant service guarantee
Schedule 1
No. , 2021
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
17
(a) within the period worked out in accordance with the National
1
Disability Insurance Scheme rules prescribed for the
2
purposes of this paragraph; or
3
(b) if there are no such rules--within the period
of 90 days
4
beginning on:
5
(i) if paragraph (5)(a) applies--the day the request is
6
received; or
7
(ii) if paragraph (5)(b) applies--the day after the end of the
8
period applicable under paragraph 21(3)(a) or (b) (as
9
appropriate).
10
44 Subparagraph 100(6A)(b)(ii)
11
After "paragraph 21(3)(a) or (b)", insert "or subsection 47A(5) or
12
48(4)".
13
45 Section 101 (heading)
14
Repeal the heading, substitute:
15
101 Effect of later decisions before review completed
16
46 Section 101
17
Before "If", insert "(1)".
18
47 At the end of section 101
19
Add:
20
(2) If:
21
(a) a request is made for review of:
22
(i) a decision under subsection 33(2) to approve the
23
statement of participant supports in a participant's plan;
24
or
25
(ii) a decision under subsection 47A(1) to vary a
26
participant's plan, where the variation is a change to the
27
statement of participant supports; and
28
(b) before a decision on the review is made:
29
(i) the CEO varies the plan under subsection 47A(1) and
30
the variation is a change to the statement of participant
31
supports; or
32
Schedule 1
Participant service guarantee
18
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
No. , 2021
(ii) a new plan for the participant comes into effect under
1
section 37;
2
then:
3
(c) if subparagraph (b)(i) applies--the request is also taken to be
4
a request for review of the decision to make the variation
5
covered by that subparagraph; or
6
(d) if subparagraph (b)(ii) applies--the request is also taken to
7
be a request for review of the decision to approve the
8
statement of participant supports in the new plan.
9
48 Section 103
10
Before "Applications", insert "(1)".
11
49 At the end of section 103 (after the note)
12
Add:
13
(2) If:
14
(a) an application is made to the Administrative Appeals
15
Tribunal for review of a decision made by a reviewer under
16
subsection 100(6); and
17
(b) the decision relates to a statement of participant supports in a
18
participant's plan; and
19
(c) before a decision on the review is made and despite
20
subsection 26(1) of the
Administrative Appeals Tribunal Act
21
1975
:
22
(i) the CEO varies the plan under subsection 47A(1) of this
23
Act and the variation is a change to that statement; or
24
(ii) a new plan for the participant comes into effect under
25
section 37 of this Act;
26
then:
27
(d) if subparagraph (c)(i) applies--the application is also taken
28
to be an application for review of the decision to make the
29
variation covered by that subparagraph; or
30
(e) if subparagraph (c)(ii) applies--the application is also taken
31
to be an application for review of the decision to approve the
32
statement of participant supports in the new plan.
33
Participant service guarantee
Schedule 1
No. , 2021
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
19
50 Paragraph 174(1)(b)
1
Omit "1 month", substitute "42 days".
2
51 Subsections 174(3) to (4C)
3
Repeal the subsections, substitute:
4
(3) The report must also include information about matters prescribed
5
by the National Disability Insurance Scheme rules for the purposes
6
of this subsection.
7
52 Section 204 (heading)
8
Repeal the heading, substitute:
9
204 Time frames for decision making by persons other than the
10
CEO
11
53 Subsection 204(1)
12
Repeal the subsection.
13
54 Subsection 204(2)
14
Omit "(2)".
15
55 At the end of Part 2 of Chapter 7
16
Add:
17
204A Report by Commonwealth Ombudsman
18
(1) As soon as practicable after the end of each financial year, the
19
Commonwealth Ombudsman must prepare and give to the Minister
20
a report about some or all of the matters prescribed by the National
21
Disability Insurance Scheme rules for the purposes of this
22
subsection.
23
(2) The report must not include personal information (within the
24
meaning of the
Privacy Act 1988
).
25
(3) The Minister must cause a copy of the report to be laid before each
26
House of the Parliament within 15 sitting days of that House after
27
the Minister receives it.
28
Schedule 1
Participant service guarantee
20
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
No. , 2021
Exercise of Commonwealth Ombudsman's powers
1
(4) The Commonwealth Ombudsman's powers under the
Ombudsman
2
Act 1976
extend to the preparation of a report by the Ombudsman
3
under this section as if the preparation of the report were an
4
investigation by the Ombudsman under that Act.
5
(5) The exercise of those powers in relation to the preparation of a
6
report by the Ombudsman under this section is taken, for all
7
purposes, to be an exercise of powers under the
Ombudsman Act
8
1976
.
9
56 At the end of subsection 209(2A)
10
Add:
11
; and (c) matters relating to how the Agency, the CEO and other
12
specified persons are to engage with participants or
13
prospective participants; and
14
(d) matters relating to how participants or prospective
15
participants are to engage with the Agency, the CEO and
16
other specified persons.
17
57 Subsection 209(8) (table item 1, column headed
18
"Description", paragraph (d))
19
After "section 33", insert ", other than paragraph 33(4)(a)".
20
58 Subsection 209(8) (table item 1, column headed
21
"Description", paragraph (eb))
22
Repeal the paragraph.
23
59 Subsection 209(8) (table item 2, column headed
24
"Description", paragraph (ca))
25
Repeal the paragraph.
26
60 Subsection 209(8) (table item 3)
27
Repeal the item, substitute:
28
3
Category C
National Disability
Insurance Scheme
rules
Rules made for the purposes of any of the following
provisions:
(a) paragraph 20(2)(b);
Participant service guarantee
Schedule 1
No. , 2021
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
21
(b) paragraph 33(4)(a);
(c) section 50J;
(d) paragraphs 89(1)(c) and (3)(c);
(e) subparagraph 90(3)(a)(ii);
(f) paragraph 100(6A)(a);
(g) section 204;
(h) subsection 204A(1);
(i) paragraphs (2A)(c) and (d) of this section.
61 Subsection 209(8) (table item 3)
1
Repeal the item, substitute:
2
3
Category C
National Disability
Insurance Scheme
rules
Rules made for the purposes of any of the following
provisions:
(a) paragraph 20(2)(b);
(b) paragraph 33(4)(a);
(c) paragraph 47A(8)(a);
(d) paragraph 48(8)(a);
(e) subsection 49(2);
(f) section 50J;
(g) paragraphs 89(1)(c) and (3)(c);
(h) subparagraph 90(3)(a)(ii);
(i) paragraph 100(6A)(a);
(j) subsection 174(3);
(k) section 204;
(l) subsection 204A(1);
(m) paragraphs (2A)(c) and (d) of this section.
62 Subsection 209(8) (table item 4, column headed
3
"Description", after paragraph (c))
4
Insert:
5
(caa) paragraphs 47A(1)(a) and (c) and subsection 47A(6);
6
(cab) subsection 48(5);
7
63 Application provisions
--requests
8
(1)
The amendments of sections 20 and 21, subsection 26(1) and item 1 of
9
the table in subsection 99(1) of the
National Disability Insurance
10
Schedule 1
Participant service guarantee
22
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
No. , 2021
Scheme Act 2013
made by this Schedule apply in relation to an access
1
request made on or after the commencement of this item.
2
(2)
The amendments of paragraphs 26(2)(b) and (3)(b) of the
National
3
Disability Insurance Scheme Act 2013
made by this Schedule apply in
4
relation to a request made under subsection 26(1) of that Act on or after
5
the commencement of this item.
6
64 Application provisions
--prospective participants or
7
participants
8
(1)
The repeal of sections 32 and 32A of the
National Disability Insurance
9
Scheme Act 2013
and the substitution of section 32 of that Act made by
10
this Schedule apply in relation to a person who becomes a participant
11
on or after the commencement of this item.
12
(2)
The repeal and substitution of subsection 33(4) of the
National
13
Disability Insurance Scheme Act 2013
made by this Schedule applies in
14
relation to a participant's plan where the CEO commences facilitating
15
the preparation of the plan on or after the commencement of this item.
16
(3)
Paragraph 50J(a) of the
National Disability Insurance Scheme Act 2013
,
17
as inserted by this Schedule, applies in relation to a participant's plan
18
where the CEO approves the statement of participant supports on or
19
after the commencement of this item.
20
(4)
Paragraph 50J(b) of the
National Disability Insurance Scheme Act
21
2013
,
as inserted by this Schedule, applies in relation to the following:
22
(a) a participant's plan that is in effect immediately before the
23
commencement of this item;
24
(b) a participant's plan that comes into effect on or after that
25
commencement.
26
(5)
Paragraph 50J(c) of the
National Disability Insurance Scheme Act 2013
,
27
as inserted by this Schedule, applies in relation to decisions of the
28
Administrative Appeals Tribunal made on or after the commencement
29
of this item.
30
Participant service guarantee
Schedule 1
No. , 2021
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
23
65 Application, saving and transitional provisions
--
1
prospective participants or participants
2
(1)
The amendments of sections 31, 50, 55, 78, 79 and 96 of the
National
3
Disability Insurance Scheme Act 2013
made by this Schedule apply in
4
relation to a variation that is made under subsection 47A(1) of that Act,
5
or a reassessment that begins to be conducted under section 48, 49 or
6
49A of that Act, on or after the commencement of this item.
7
(2)
Sections 31, 50, 55, 78, 79 and 96 of the
National Disability Insurance
8
Scheme Act 2013
, as in force immediately before the commencement of
9
this item, continue to apply on and after that commencement in relation
10
to a review that began to be conducted under section 48 of that Act
11
before, on or after that commencement.
12
(3)
The amendment of paragraph 33(2)(c) of the
National Disability
13
Insurance Scheme Act 2013
made by this Schedule applies in relation to
14
a participant's plan where the CEO approves the statement of
15
participant supports on or after the commencement of this item.
16
(4)
The amendments of section 37 of the
National Disability Insurance
17
Scheme Act 2013
made by this Schedule, and section 47A of that Act as
18
inserted by this Schedule, apply in relation to the following:
19
(a) a participant's plan that is in effect immediately before the
20
commencement of this item;
21
(b) a participant's plan that comes into effect on or after that
22
commencement.
23
(5)
Section 48 of the
National Disability Insurance Scheme Act 2013
, as
24
substituted by this Schedule, applies in relation to a reassessment that
25
begins to be conducted on or after the commencement of this item
26
(whether on the CEO's own initiative or because of a request made on
27
or after that commencement).
28
(6)
Subsections 48(1) to (3), section 49 and subsections 99(1) and 100(1A)
29
and (5) of the
National Disability Insurance Scheme Act 2013
, as in
30
force immediately before the commencement of this item, continue to
31
apply on and after that commencement in relation to a request for a
32
review made under subsection 48(1) of that Act before that
33
commencement.
34
Schedule 1
Participant service guarantee
24
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
No. , 2021
(7)
Subsections 48(4), (5) and (6) and section 49 of the
National Disability
1
Insurance Scheme Act 2013
, as in force immediately before the
2
commencement of this item, continue to apply on and after that
3
commencement in relation to a review that began to be conducted
4
before that commencement.
5
(8)
A participant's plan that is in effect immediately before the
6
commencement of this item, with a review date that is on or after that
7
commencement, has effect on and after that commencement as if that
8
date were the plan's reassessment date.
9
(9)
A participant's plan that is in effect immediately before the
10
commencement of this item, that specifies the circumstances in which
11
the plan must be reviewed, has effect on and after that commencement
12
as if those circumstances were circumstances in which the plan must be
13
reassessed.
14
66 Application provisions
--nominees
15
(1)
The amendment of subsection 89(1) of the
National Disability
16
Insurance Scheme Act 2013
made by this Schedule applies in relation to
17
a request referred to in paragraph 89(1)(b) of that Act that is made on or
18
after the commencement of this item.
19
(2)
The amendment of subsection 89(3) of the
National Disability
20
Insurance Scheme Act 2013
made by this Schedule applies in relation to
21
a cancellation under that subsection on or after the commencement of
22
this item, where the CEO was informed under paragraph 89(3)(b) of
23
that Act on or after that commencement.
24
(3)
The repeal and substitution of paragraph 90(3)(a) of the
National
25
Disability Insurance Scheme Act 2013
made by this Schedule applies in
26
relation to a request made on or after the commencement of this item.
27
67 Application provisions
--review of decisions
28
(1)
The amendment of subsection 100(1) of the
National Disability
29
Insurance Scheme Act 2013
made by this Schedule applies in relation to
30
a reviewable decision made on or after the commencement of this item.
31
(2)
The amendment of subsection 100(6) of the
National Disability
32
Insurance Scheme Act 2013
made by this Schedule, and
33
Participant service guarantee
Schedule 1
No. , 2021
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
25
subsection 100(6A) of that Act as inserted by this Schedule, apply in
1
relation to the following:
2
(a) a request for review that is received on or after the
3
commencement of this item;
4
(b) a period applicable under paragraph 21(3)(a) or (b) of that
5
Act that ends on or after that commencement.
6
68 Application provisions
--review of decisions
7
(1)
Paragraph 101(2)(a) of the
National Disability Insurance Scheme Act
8
2013
, as added by this Schedule, applies in relation to a request for
9
review made on or after the commencement of this item.
10
(2)
Paragraph 103(2)(a) of the
National Disability Insurance Scheme Act
11
2013
, as added by this Schedule, applies in relation to an application for
12
review made on or after the commencement of this item.
13
69 Application provision
--Agency's quarterly report
14
The amendments of section 174 of the
National Disability Insurance
15
Scheme Act 2013
made by this Schedule apply in relation to a period
16
ending on or after the commencement of this item.
17
70 Application provision
--report by Commonwealth
18
Ombudsman
19
Section 204A of the
National Disability Insurance Scheme Act 2013
, as
20
added by this Schedule, applies in relation to a financial year ending on
21
or after the commencement of this item.
22
71 Transitional provision
--time frames for decision making
23
by persons other than the CEO
24
National Disability Insurance Scheme rules made for the purposes of
25
subsection 204(2) of the
National Disability Insurance Scheme Act
26
2013
and that are in force immediately before the commencement of
27
this item continue in force on and after that commencement as if they
28
had been made for the purposes of section 204 of that Act.
29
Schedule 2
Flexibility measures
26
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
No. , 2021
Schedule 2--Flexibility measures
1
2
National Disability Insurance Scheme Act 2013
3
1 Subsection 4(2)
4
Omit "to the extent of their ability".
5
2 Subsection 4(8)
6
Omit ", to the full extent of their capacity".
7
3 After subsection 4(9)
8
Insert:
9
(9A) People with disability are central to the National Disability
10
Insurance Scheme and should be included in a co-design capacity.
11
4 After subsection 4(12)
12
Insert:
13
(12A) The relationship between people with disability and their families
14
and carers is to be recognised and respected.
15
5 Subsection 4(15)
16
Repeal the subsection, substitute:
17
(15) In exercising their right to choice and control, people with
18
disability require access to a diverse and sustainable market for
19
disability supports in which innovation, quality, continuous
20
improvement, contemporary best practice and effectiveness in the
21
provision of those supports is promoted.
22
6 Paragraph 5(d)
23
Omit "and the gender,", substitute "and the sex, gender identity, sexual
24
orientation and intersex status,".
25
7 Section 9
26
Insert:
27
Flexibility measures
Schedule 2
No. , 2021
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
27
approved form
, in relation to a provision of this Act, means a form
1
approved under section 9A for the purposes of that provision.
2
8 After section 9
3
Insert:
4
9A Approved forms
5
(1) The CEO may, in writing, approve a form for the purposes of a
6
provision of this Act.
7
(2) The CEO must publish each approved form on the Agency's
8
website.
9
9 Section 14
10
Before "The", insert "(1)".
11
10 Paragraph 14(a)
12
Repeal the paragraph, substitute:
13
(a) for the purposes of enabling those persons or entities to
14
provide information in relation to disability and disability
15
supports and services; or
16
(aa) for the purposes of enabling those persons or entities to
17
provide assistance in building capacity within the community
18
in connection with the provision of goods and services to
19
people with disability and their families and carers; or
20
(ab) for the purposes of enabling those persons or entities to assist
21
people with disability to realise their potential for physical,
22
social, emotional and intellectual development; or
23
(ac) for the purposes of enabling those persons or entities to assist
24
people with disability, and their families and carers, to
25
participate in social and economic life; or
26
11 At the end of section 14
27
Add:
28
(2) Without limiting subsection (1), the Agency may provide funding
29
to a person or entity:
30
(a) to assist one or more participants to receive supports; or
31
Schedule 2
Flexibility measures
28
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
No. , 2021
(b) to assist a participant who is a child aged under 7 to access
1
supports, before the child's plan comes into effect, in relation
2
to the child's disability needs (whether those needs arise
3
because the child meets the disability requirements or meets
4
the early intervention requirements).
5
(3) The National Disability Insurance Scheme rules may set out
6
matters to which the Agency must have regard in deciding whether
7
to provide funding under subsection (2).
8
12 Before subsection 17A(1)
9
Insert:
10
(1A) In performing the CEO's functions and exercising the CEO's
11
powers under this Chapter, the CEO must have regard to the
12
principles in this section.
13
13 Paragraph 17A(3)(b)
14
Omit ", to the extent of their capacity".
15
14 Paragraph 17A(3)(c)
16
Omit ", to the extent of their ability".
17
15 At the end of section 17A
18
Add:
19
(4) The principles in this section are in addition to the principles in
20
section 4 to which the CEO is to have regard in performing the
21
CEO's functions and exercising the CEO's powers under this Act.
22
16 Paragraph 24(1)(a)
23
Omit "to one or more impairments attributable to a psychiatric
24
condition", substitute "the person has one or more impairments to
25
which a psychosocial disability is attributable".
26
17 Paragraph 24(1)(c)
27
Omit ", or psychosocial functioning in undertaking,".
28
Flexibility measures
Schedule 2
No. , 2021
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
29
18 At the end of section 24
1
Add:
2
(3) For the purposes of subsection (1), an impairment or impairments
3
to which a psychosocial disability is attributable and that are
4
episodic or fluctuating may be taken to be permanent, and the
5
person may be taken to be likely to require support under the
6
National Disability Insurance Scheme for the person's lifetime,
7
despite the episodic or fluctuating nature of the impairments.
8
(4) Subsection (3) does not limit subsection (2).
9
19 Subparagraph 25(1)(a)(ii)
10
Repeal the subparagraph, substitute:
11
(ii) has one or more identified impairments to which a
12
psychosocial disability is attributable and that are, or are
13
likely to be, permanent; or
14
20 After subsection 25(1)
15
Insert:
16
(1A) For the purposes of subparagraph (1)(a)(ii), an impairment or
17
impairments to which a psychosocial disability is attributable and
18
that are episodic or fluctuating may be taken to be permanent
19
despite the episodic or fluctuating nature of the impairments.
20
21 Section 27
21
Before "The", insert "(1)".
22
22 Paragraph 27(a)
23
Omit "25(a)(i) or (ii)", substitute "25(1)(a)(i) or (ii)".
24
23 Paragraph 27(b)
25
Omit ", or psychosocial functioning of a person in undertaking,".
26
24 At the end of section 27
27
Add:
28
Schedule 2
Flexibility measures
30
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
No. , 2021
(2) Subject to subsections 24(2) and (3) and 25(1A), National
1
Disability Insurance Scheme rules made for the purposes of
2
paragraph (1)(a) of this section may specify requirements that must
3
be satisfied for an impairment to be considered permanent or likely
4
to be permanent.
5
(3) National Disability Insurance Scheme rules made for the purposes
6
of paragraph (1)(b) may specify requirements that must be satisfied
7
for one or more impairments to be considered to result in
8
substantially reduced functional capacity referred to in that
9
paragraph.
10
25 After paragraph 31(c)
11
Insert:
12
(ca) where relevant, recognise and respect the relationship
13
between participants and their families and carers; and
14
26 Paragraph 31(d)
15
Omit "where possible,".
16
27 Subsection 42(1)
17
After "means", insert "doing one or more of the following".
18
28 Paragraph 42(1)(a)
19
Omit "and".
20
29 Paragraph 42(1)(b)
21
Repeal the paragraph, substitute:
22
(b) receiving any funding provided by the Agency;
23
(ba) managing any funding provided by the Agency;
24
30 Paragraph 43(1)(c)
25
Omit "a person specified by".
26
31 Subsections 43(2) to (5)
27
Repeal the subsections, substitute:
28
Flexibility measures
Schedule 2
No. , 2021
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
31
(2) If a participant makes a plan management request, the statement of
1
participant supports in the plan must give effect to the request,
2
except to the extent set out in subsections (3) to (6).
3
(3) If:
4
(a) a participant makes a plan management request covered by
5
paragraph (1)(a); and
6
(b) subsection 44(1) applies in relation to the participant;
7
the statement of participant supports in the plan must provide for
8
the funding for supports under the plan:
9
(c) if paragraph 44(1)(a) applies--to be wholly managed by the
10
Agency; and
11
(d) if paragraph 44(1)(b) applies--to be managed by the Agency
12
to the extent covered by that paragraph.
13
(4) If:
14
(a) a participant makes a plan management request covered by
15
paragraph (1)(b); and
16
(b) subsection 44(2) applies in relation to the registered plan
17
management provider;
18
the statement of participant supports in the plan must provide for
19
the funding for supports under the plan to be managed by the
20
Agency to the extent covered by that subsection.
21
(5) If:
22
(a) the participant has a plan nominee; and
23
(b) subsection 44(2A) does not apply in relation to the nominee;
24
and
25
(c) the terms of the plan nominee's appointment deal with the
26
management of certain funding for supports under the plan;
27
the statement of participant supports in the plan must provide for
28
that funding to be managed in accordance with those terms.
29
(6) If:
30
(a) the participant has a plan nominee; and
31
(b) subsection 44(2A) applies in relation to the nominee; and
32
(c) the terms of the plan nominee's appointment deal with the
33
management of certain funding for supports under the plan;
34
Schedule 2
Flexibility measures
32
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
No. , 2021
the statement of participant supports in the plan must provide for
1
that funding:
2
(d) if paragraph 44(2A)(a) applies--to be wholly managed by
3
the Agency; and
4
(e) if paragraph 44(2A)(b) applies--to be managed by the
5
Agency to the extent covered by that paragraph.
6
(7) Subsection (3) or (4) does not apply to funding to the extent that
7
subsection (5) or (6) applies to the funding.
8
No plan management request
9
(8) If a participant does not make a plan management request, the
10
statement of participant supports in the plan must provide that the
11
funding for supports under the plan is to be wholly managed by the
12
Agency.
13
32 Section 44 (heading)
14
Repeal the heading, substitute:
15
44 Circumstances in which persons must not manage funding
16
33 Subsections 44(1) to (2A)
17
Repeal the subsections, substitute:
18
Participant
19
(1) For the purposes of paragraph 43(3)(b), this subsection applies in
20
relation to a participant if:
21
(a) the participant is an insolvent under administration; or
22
(b) the CEO is satisfied that the participant's management of the
23
funding for supports under the plan to a particular extent
24
would:
25
(i) present an unreasonable risk to the participant; or
26
(ii) permit the participant to manage matters that are
27
prescribed by the National Disability Insurance Scheme
28
rules as being matters that must not be managed by a
29
participant.
30
Flexibility measures
Schedule 2
No. , 2021
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
33
Registered plan management provider
1
(2) For the purposes of paragraph 43(4)(b), this subsection applies in
2
relation to a registered plan management provider if the CEO is
3
satisfied that the provider's management of the funding for
4
supports under the plan to a particular extent would present an
5
unreasonable risk to the participant.
6
Plan nominee
7
(2A) For the purposes of paragraphs 43(5)(b) and (6)(b), this subsection
8
applies in relation to a plan nominee if:
9
(a) the plan nominee is an insolvent under administration; or
10
(b) the CEO is satisfied that the plan nominee's management of
11
the funding for supports under the plan to a particular extent
12
would present an unreasonable risk to the participant.
13
34 Subsection 44(3)
14
Omit "either of", substitute "any of".
15
35 After paragraph 44(3)(a)
16
Insert:
17
(aa) a registered plan management provider managing the funding
18
for supports under the plan;
19
36 Section 45
20
Repeal the section, substitute:
21
45 Payment of amounts payable under the National Disability
22
Insurance Scheme
23
(1) An amount payable under the National Disability Insurance
24
Scheme in respect of a participant's plan is to be paid:
25
(a) to the person determined by the CEO; and
26
(b) either:
27
(i) in accordance with the National Disability Insurance
28
Scheme rules prescribed for the purposes of this
29
subparagraph; or
30
Schedule 2
Flexibility measures
34
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
No. , 2021
(ii) if there are no such rules--in the manner determined by
1
the CEO.
2
(2) Paragraph (1)(b) extends to dealing with:
3
(a) whether amounts are to be paid in instalments or as lump
4
sums; and
5
(b) if amounts are to be paid in instalments--the amounts of
6
those instalments; and
7
(c) the timing of payments of amounts.
8
(3) The National Disability Insurance Scheme rules may provide that
9
an amount is not payable to a person until the person nominates a
10
bank account into which the amount is to be paid.
11
37 At the end of section 46
12
Add:
13
(3) The National Disability Insurance Scheme rules may make
14
provision for and in relation to the retention of records by NDIS
15
providers that receive NDIS amounts on behalf of participants,
16
including requiring that prescribed records be retained for a
17
prescribed period.
18
38 Section 47 (heading)
19
Repeal the heading, substitute:
20
47 Variation of participant's plan--change of participant's
21
statement of goals and aspirations
22
39 Subsection 47(2)
23
Repeal the subsection, substitute:
24
(2) If a participant gives a changed version of the participant's
25
statement of goals and aspirations to the CEO, the participant's
26
plan is taken to have been varied so that it includes that changed
27
version.
28
40 Subsection 47(3)
29
Omit "new plan", substitute "varied plan".
30
Flexibility measures
Schedule 2
No. , 2021
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
35
41 Subsection 60(1)
1
Repeal the subsection.
2
42 Subsection 60(3)
3
Omit "subsections (1) and (2), the collection, recording", substitute
4
"subsection (2), the recording".
5
43 Section 61
6
Repeal the section.
7
44 After subsection 90(3)
8
Insert:
9
Nominee no longer has guardianship etc.
10
(3A) The CEO may, by written instrument, cancel the appointment of a
11
nominee of a participant if:
12
(a) at the time the appointment was made, the nominee was a
13
person who, under a law of the Commonwealth, a State or a
14
Territory:
15
(i) had guardianship of the participant; or
16
(ii) was appointed by a court, tribunal, board or panel
17
(however described) who had power to make decisions
18
for the participant and whose responsibilities in relation
19
to the participant were relevant to the duties of a
20
nominee; and
21
(b) the nominee no longer has guardianship of the participant or
22
no longer holds the appointment referred to in
23
subparagraph (a)(ii) (as the case requires).
24
45 At the end of paragraph 104(3)(f)
25
Add "or carers".
26
46 Subsection 127(2)
27
After "that the person", insert "is a person with disability, is a person
28
that has lived experience with disability or is a person that".
29
Schedule 2
Flexibility measures
36
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
No. , 2021
47 Subsection 127(6)
1
Repeal the subsection, substitute:
2
Board members to have appropriate balance of characteristics
3
(6) In appointing the Board members, the Minister must ensure that
4
the Board members collectively possess an appropriate balance of
5
characteristics mentioned in subsection (2).
6
48 Subsection 129(4)
7
After "that the person", insert "is a person with disability, is a person
8
that has lived experience with disability or is a person that".
9
49 After subsection 147(2)
10
Insert:
11
Principal member
12
(3) The Minister must not appoint a person as the Principal Member
13
unless the person is a Board member.
14
50 At the end of subsection 155(2)
15
Add:
16
; or (e) in the case of the Principal Member--the Principal Member
17
is not a Board member.
18
51 Paragraph 182(2)(c)
19
Repeal the paragraph, substitute:
20
(c) the payment was made in respect of a service funded under a
21
participant's plan and the participant died before the service
22
was provided.
23
52 Subsection 209(3)
24
Repeal the subsection, substitute:
25
(3) When making National Disability Insurance Scheme rules, the
26
Minister must have regard to:
27
(a) the objects and principles of this Act; and
28
Flexibility measures
Schedule 2
No. , 2021
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
37
(b) the need to ensure the financial sustainability of the National
1
Disability Insurance Scheme.
2
53 Subsection 209(8) (table item 4, column headed
3
"Description", after paragraph (a))
4
Insert:
5
(aa) subsection 14(3);
6
54 Application and transitional provisions
--participants and
7
prospective participants
8
(1)
The amendments of sections 24 and 25 of the
National Disability
9
Insurance Scheme Act 2013
made by this Schedule apply in relation to
10
the following:
11
(a) an access request made on or after the commencement of this
12
item;
13
(b) an access request that was pending immediately before that
14
commencement;
15
(c) a revocation under section 30 of that Act made on or after
16
that commencement.
17
(2)
The amendments of sections 43 and 44 of the
National Disability
18
Insurance Scheme Act 2013
made by this Schedule apply in relation to a
19
plan management request made on or after the commencement of this
20
item.
21
(3)
Subsection 43(8) of the
National Disability Insurance Scheme Act 2013
,
22
as substituted by this Schedule, applies in relation to a participant's plan
23
where the CEO approves the statement of participant supports on or
24
after the commencement of this item.
25
(4)
National Disability Insurance Scheme rules made for the purposes of
26
paragraph 44(2)(b) of the
National Disability Insurance Scheme Act
27
2013
and that are in force immediately before the commencement of
28
this item continue in force on and after that commencement as if they
29
had been made for the purposes of subparagraph 44(1)(b)(ii) of that Act,
30
as substituted by this Schedule.
31
(5)
The repeal and substitution of section 45 of the
National Disability
32
Insurance Scheme Act 2013
made by this Schedule applies in relation to
33
Schedule 2
Flexibility measures
38
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
No. , 2021
an amount payable under the National Disability Insurance Scheme on
1
or after the commencement of this item.
2
(6)
The repeal and substitution of subsection 47(2) of the
National
3
Disability Insurance Scheme Act 2013
and the amendment of
4
subsection 47(3) of that Act
made by this Schedule apply in relation to a
5
changed version of a participant's statement of goals and aspirations
6
given to the CEO on or after the commencement of this item.
7
55 Application provision
--nominees
8
Subsection 90(3A) of the
National Disability Insurance Scheme Act
9
2013
, as inserted by this Schedule, applies in relation to the cancellation
10
of the appointment of a nominee on or after the commencement of this
11
item (whether the nominee was appointed before, on or after that
12
commencement).
13
56 Application provisions
--appointments
14
(1)
The amendments of sections 127, 129 and 147 of the
National
15
Disability Insurance Scheme Act 2013
made by this Schedule apply in
16
relation to an appointment made on or after the commencement of this
17
item.
18
(2)
The amendment of section 155 of the
National Disability Insurance
19
Scheme Act 2013
made by this Schedule applies in relation to an
20
appointment made before, on or after the commencement of this item.
21
57 Application provision
--debts
22
The repeal and substitution of paragraph 182(2)(c) of the
National
23
Disability Insurance Scheme Act 2013
made by this Schedule applies in
24
relation to payments made on or after the commencement of this item.
25
Full scheme amendments
Schedule 3
Main amendments
Part 1
No. , 2021
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
39
Schedule 3--Full scheme amendments
1
Part 1--Main amendments
2
National Disability Insurance Scheme Act 2013
3
1 Paragraphs 3(1)(d) and (2)(a)
4
Omit "launch".
5
2 Paragraph 3(3)(a)
6
Repeal the paragraph.
7
3 Subsection 4(17)
8
Repeal the subsection, substitute:
9
(17) It is the intention of the Parliament that the Ministerial Council, the
10
Minister, the Board, the CEO, the Commissioner and any other
11
person or body is to perform functions and exercise powers under
12
this Act in accordance with these principles, having regard to the
13
need to ensure the financial sustainability of the National Disability
14
Insurance Scheme.
15
4 Section 8
16
Omit:
17
Depending on where a person with disability lives, he or she may
18
receive supports or services from registered providers of supports
19
(Part 3 of Chapter 4) or from registered NDIS providers (Part 3A
20
of Chapter 4). Supports and services may also be received from
21
providers who are not registered.
22
This Act also provides for the establishment of the National
23
Disability Insurance Scheme Launch Transition Agency
24
(Chapter 6).
25
substitute:
26
Schedule 3
Full scheme amendments
Part 1
Main amendments
40
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
No. , 2021
A person with disability may receive supports or services from
1
registered NDIS providers (Part 3A of Chapter 4). Supports and
2
services may also be received from providers who are not
3
registered.
4
This Act also creates the National Disability Insurance Agency
5
(Chapter 6).
6
5 Section 8
7
Omit:
8
(b)
review of the Act; and
9
6 Section 9 (definition of Agency)
10
Repeal the definition, substitute:
11
Agency
means the National Disability Insurance Agency referred
12
to in subsection 117(1).
13
7 Section 9 (definition of Board)
14
Repeal the definition, substitute:
15
Board
means the Board of the National Disability Insurance
16
Agency referred to in section 123.
17
8 Section 9 (definition of FaHCSIA agreement)
18
Repeal the definition.
19
9 Section 9 (definition of host jurisdiction)
20
Repeal the definition, substitute:
21
host jurisdiction
means the following:
22
(a) each of the States;
23
(b) the Australian Capital Territory;
24
(c) the Northern Territory.
25
Full scheme amendments
Schedule 3
Main amendments
Part 1
No. , 2021
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
41
10 Section 9 (definition of National Disability Insurance
1
Scheme)
2
Repeal the definition, substitute:
3
National Disability Insurance Scheme
means the arrangements set
4
out in Chapters 2 and 3.
5
11 Section 9 (definition of National Disability Insurance
6
Scheme launch)
7
Repeal the definition.
8
12 Section 9 (definition of participant)
9
Omit "launch".
10
13 Section 9 (definition of participating jurisdiction)
11
Repeal the definition.
12
14 Section 9 (definition of prescribed area)
13
Repeal the definition.
14
15 Section 9 (definition of registered plan management
15
provider)
16
Repeal the definition, substitute:
17
registered plan management provider
means an NDIS provider
18
who is registered to manage the funding for supports under plans
19
as mentioned in paragraph 73E(2)(a).
20
16 Section 9 (definition of registered provider of supports)
21
Repeal the definition.
22
17 Sections 10 and 10A
23
Repeal the sections.
24
18 Section 18
25
Omit "launch".
26
Schedule 3
Full scheme amendments
Part 1
Main amendments
42
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
No. , 2021
19 Paragraph 21(2)(a)
1
Repeal the paragraph.
2
20 At the end of subsection 21(2)
3
Add:
4
; (d) the person satisfies any other requirements prescribed by the
5
National Disability Insurance Scheme rules for the purposes
6
of this paragraph.
7
21 Section 22
8
Repeal the section, substitute:
9
22 Age requirements
10
A person
meets the age requirements
if the person was aged under
11
65 when the access request in relation to the person was made.
12
22 Subparagraph 23(1)(b)(iii)
13
Omit "holder; and", substitute "holder.".
14
23 Paragraph 23(1)(c)
15
Repeal the paragraph.
16
24 Subsection 23(3)
17
Repeal the subsection.
18
25 Subsection 28(1)
19
Omit "launch".
20
26 Subsection 29(1)
21
Omit "launch".
22
27 Subsection 30(1)
23
Omit "launch".
24
28 Subsection 33(6)
25
Repeal the subsection, substitute:
26
Full scheme amendments
Schedule 3
Main amendments
Part 1
No. , 2021
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
43
(6) To the extent that the funding for supports under a participant's
1
plan is managed by the Agency, the plan must provide that the
2
supports are to be provided only by a registered NDIS provider.
3
29 Paragraphs 55(2)(i) and (j)
4
Repeal the paragraphs.
5
30 Part 3 of Chapter 4
6
Repeal the Part.
7
31 Division 1 of Part 3A of Chapter 4
8
Repeal the Division.
9
32 Paragraph 73E(1)(b)
10
Repeal the paragraph.
11
33 Subsection 99(1) (table items 7 and 8)
12
Repeal the items.
13
34 Chapter 6 (heading)
14
Repeal the heading, substitute:
15
Chapter 6--National Disability Insurance
16
Agency
17
35 Part 1 of Chapter 6 (heading)
18
Repeal the heading, substitute:
19
Part 1--National Disability Insurance Agency
20
36 Section 117 (heading)
21
Repeal the heading, substitute:
22
117 National Disability Insurance Agency
23
37 Subsection 117(1)
24
Repeal the subsection, substitute:
25
Schedule 3
Full scheme amendments
Part 1
Main amendments
44
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
No. , 2021
(1) The body that was established by this section as previously in force
1
by the name National Disability Insurance Scheme Launch
2
Transition Agency is now to be known as the National Disability
3
Insurance Agency.
4
Note:
Subsection 25B(1) of the
Acts Interpretation Act 1901
provides that a
5
body whose name is altered by an Act continues in existence under the
6
new name so that its identity is not affected.
7
38 Section 123
8
Repeal the section, substitute:
9
123 Board of the National Disability Insurance Agency
10
The body that was established by this section as previously in force
11
and known as the Board of the National Disability Insurance
12
Scheme Launch Transition Agency is now to be known as the
13
Board of the National Disability Insurance Agency.
14
Note:
Subsection 25B(1) of the
Acts Interpretation Act 1901
provides that a
15
body whose name is altered by an Act continues in existence under the
16
new name so that its identity is not affected.
17
39 Paragraph 144(1)(c)
18
Omit "launch".
19
40 Paragraph 144(3)(b)
20
Repeal the paragraph.
21
41 Subsections 160(6) to (8)
22
Repeal the subsections.
23
42 Section 171A
24
Repeal the section.
25
43 Subsection 174(5)
26
Repeal the subsection.
27
44 Subparagraph 176(2)(a)(ii)
28
Omit "Council; or", substitute "Council;".
29
Full scheme amendments
Schedule 3
Main amendments
Part 1
No. , 2021
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
45
45 Subparagraph 176(2)(a)(iii)
1
Repeal the subparagraph.
2
46 Section 179
3
Omit "launch".
4
47 Subsection 180D(5)
5
Repeal the subsection.
6
48 Paragraphs 203(1)(a) and (b)
7
Repeal the paragraphs.
8
49 Part 4 of Chapter 7
9
Repeal the Part.
10
50 Subsection 209(5)
11
Repeal the subsection, substitute:
12
(5) The Minister must not make Category B National Disability
13
Insurance Scheme rules relating to an area, law or program of a
14
host jurisdiction unless the host jurisdiction has agreed to the
15
making of the rules.
16
51 Subsection 209(8) (table item 1, column headed
17
"Description", paragraph (b))
18
Repeal the paragraph.
19
52 Subsection 209(8) (table item 1, column headed
20
"Description", paragraphs (ga) to (gc))
21
Repeal the paragraphs.
22
53 Subsection 209(8) (table item 2, column headed
23
"Description", paragraphs (a) to (c))
24
Repeal the paragraphs, substitute:
25
(a) paragraphs 21(2)(b) and (d);
26
Schedule 3
Full scheme amendments
Part 1
Main amendments
46
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
No. , 2021
54 Schedule 1
1
Repeal the Schedule.
2
55 Application provisions
3
(1)
The amendments of sections 18 and 21 of the
National Disability
4
Insurance Scheme Act 2013
, the repeal and substitution of section 22 of
5
that Act and the amendments of section 23 of that Act made by this Part
6
apply in relation to an access request made on or after the
7
commencement of this item.
8
(2)
The repeal and substitution of subsection 33(6) of the
National
9
Disability Insurance Scheme Act 2013
made by this Part applies in
10
relation to a participant's plan where the CEO approves the statement of
11
participant supports on or after the commencement of this item.
12
(3)
The repeal of paragraph 73E(1)(b) of the
National Disability Insurance
13
Scheme Act 2013
made by this Part applies in relation to the following:
14
(a) an application made under section 73C of that Act on or after
15
the commencement of this item;
16
(b) an application made under that section that was pending
17
immediately before that commencement.
18
56 Pending access requests
19
A request made by a person under section 18 of the
National Disability
20
Insurance Scheme Act 2013
that was pending immediately before the
21
commencement of this item has effect on and after that commencement
22
as if it were a request by the person to become a participant in the
23
National Disability Insurance Scheme.
24
57 Existing participants in the National Disability Insurance
25
Scheme launch
26
(1)
A person who is a participant in the National Disability Insurance
27
Scheme launch immediately before the commencement of this item is
28
taken on and after that commencement to be a participant in the
29
National Disability Insurance Scheme.
30
(2)
Subitem (1) does not limit section 29 or 30 of the
National Disability
31
Insurance Scheme Act 2013
(about when a person ceases to be a
32
participant).
33
Full scheme amendments
Schedule 3
Main amendments
Part 1
No. , 2021
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
47
58 Board members
1
A person holding office as a member of the Board of the National
2
Disability Insurance Scheme Launch Transition Agency immediately
3
before the commencement of this item continues, on and after that
4
commencement, to hold office as a member of the Board of the
5
National Disability Insurance Agency for the balance of the person's
6
term of appointment that remains immediately before that
7
commencement.
8
59 Chief Executive Officer
9
The person holding office as the Chief Executive Officer of the
10
National Disability Insurance Scheme Launch Transition Agency
11
immediately before the commencement of this item continues, on and
12
after that commencement, to hold office as the Chief Executive Officer
13
of the National Disability Insurance Agency for the balance of the
14
person's term of appointment that remains immediately before that
15
commencement.
16
60 Staff
17
A person who was a member of the staff of the National Disability
18
Insurance Scheme Launch Transition Agency immediately before the
19
commencement of this item continues, on and after that
20
commencement, as a member of the staff of the National Disability
21
Insurance Agency.
22
61 Transitional rules
23
(1)
The Minister may, by legislative instrument, make rules prescribing
24
matters of a transitional nature (including prescribing any saving or
25
application provisions) relating to the amendments or repeals made by
26
this Part.
27
(2)
To avoid doubt, the rules may not do the following:
28
(a) create an offence or civil penalty;
29
(b) provide powers of:
30
(i) arrest or detention; or
31
(ii) entry, search or seizure;
32
(c) impose a tax;
33
Schedule 3
Full scheme amendments
Part 1
Main amendments
48
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
No. , 2021
(d) set an amount to be appropriated from the Consolidated
1
Revenue Fund under an appropriation in this Act;
2
(e) directly amend the text of this Act.
3
(3)
This Part (other than subitem (2)) does not limit the rules that may be
4
made for the purposes of subitem (1).
5
Full scheme amendments
Schedule 3
Consequential amendments
Part 2
No. , 2021
National Disability Insurance Scheme Amendment (Participant Service
Guarantee and Other Measures) Bill 2021
49
Part 2--Consequential amendments
1
DisabilityCare Australia Fund Act 2013
2
62 Section 4 (definition of National Disability Insurance
3
Scheme Launch Transition Agency)
4
Repeal the definition.
5