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NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 99

Reviewable decisions and decision - makers

  (1)   The following table sets out:

  (a)   the reviewable decisions under this Act; and

  (b)   the decision - maker in respect of each of those decisions.

 

Reviewable decisions and decision - makers

Item

Column 1

Reviewable decision

Column 2

Provision under which the reviewable decision is made

Column 3

Decision - maker

1

a decision that a person does not meet the access criteria

paragraph   20(1)(a), subsection   21(3) or paragraph   26(2)(c)

CEO

2

a decision not to specify a period

paragraph   26(2)(b)

CEO

3

a decision to revoke a person's status as a participant

subsection   30(1) or (5), paragraph   30A(1)(c) or subsection   30A(7)

CEO

3A

a decision to vary, or not to vary, a notice given under subsection   32BA(1)

subsection   32BA(5)

CEO

4

a decision to approve the statement of participant supports in a participant's plan

subsection   32D(2) or   33(2)

CEO

4A

a decision to suspend the preparation of a new framework plan for a participant

subparagraph   36(3)(b)(i)

CEO

5

a decision not to extend a grace period

paragraph   40(2)(b)

CEO

6

a decision to vary a participant's plan

subsection   47A(1)

CEO

6A

a decision not to vary a participant's 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

9

a decision to refuse to register a person as a registered NDIS provider

section   73E

Commissioner

10

a decision to impose conditions to which a person's registration as a registered NDIS provider is subject

section   73G

Commissioner

11

a decision to vary, or refuse to vary, the registration of a registered NDIS provider

section   73L

Commissioner

12

a decision to suspend the registration of a registered NDIS provider

section   73N

Commissioner

13

a decision to revoke, or not to revoke, the registration of a person as a registered NDIS provider

section   73P

Commissioner

13A

a decision to refuse to approve a person or body as an approved quality auditor

paragraph   73U(3)(b)

Commissioner

13B

a decision to specify conditions in an approval given under subsection   73U(1)

subsection   73U(5)

Commissioner

13C

a decision to vary an approval given under subsection   73U(1)

subsection   73U(6)

Commissioner

13D

a decision to revoke an approval given under subsection   73U(1)

subsection   73U(8)

Commissioner

14

a decision to give a compliance notice to an NDIS provider

section   73ZM

Commissioner

14A

a decision to vary or revoke a compliance notice

subsection   73ZM(4)

Commissioner

15

a decision to make a banning order

section   73ZN

Commissioner

16

a decision to vary, or to refuse to vary or revoke, a banning order

section   73ZO

Commissioner

17

a decision to make, or not to make, a determination in relation to a person

paragraph   74(1)(b)

CEO

18

a decision not to make a determination that subsections   74(1) and (2) do not apply to a child

paragraph   74(5)(c)

CEO

19

a decision to make, or not to make, a determination that a person has parental responsibility for a child

subsection   75(2) or (3)

CEO

20

a decision to appoint a plan nominee

section   86

CEO

21

a decision to appoint a correspondence nominee

section   87

CEO

22

a decision to cancel or suspend, or not to cancel or suspend, the appointment of a nominee

section   89, 90 or 91

CEO

23

a decision to give a notice to require a person to take reasonable action to claim or obtain compensation

section   104

CEO

24

a decision to refuse to extend a period

subsection   104(5A)

CEO

25

a decision to take action to claim or obtain compensation

paragraph   105(4)(a)

CEO

26

a decision to take over the conduct of a claim

paragraph   105(4)(b)

CEO

27

a decision to give a notice that the CEO proposes to recover an amount

section   111

CEO

28

a decision not to treat the whole or part of a compensation payment as not having been fixed by a judgment or settlement

section   116

CEO

29

a decision not to write off a debt

section   190

CEO

30

a decision that the CEO is not required to waive a debt

section   192

CEO

31

a decision not to waive a debt

section   193

CEO

32

a decision that the CEO is not required to waive a debt

subsection   194(3) or (4)

CEO

33

a decision not to waive a debt

section   195

CEO

  (2)   The National Disability Insurance Scheme rules may:

  (a)   provide that a decision made under a specified provision of the rules is a reviewable decision ; and

  (b)   specify the decision - maker in respect of the reviewable decision.



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