Queensland Numbered Acts

DISABILITY SERVICES AND OTHER LEGISLATION (NDIS) AMENDMENT ACT 2019 - SECT 51

51 Amendment of s 9 (Death in care defined)

(1) Section 9 (1) (e) —
omit, insert—

(e) the person was a participant who was not living in a private dwelling or an aged care facility and who was receiving or entitled to receive, under the person’s participant’s plan, services or supports—

(i) paid for wholly or partly from funding under the NDIS; and

(ii) provided by a registered NDIS provider that is registered under the NDIS Act, section 73E to provide a relevant class of supports; and

(iii) within the relevant class of supports.

(2) Section 9 —
insert—

(3A) For subsection (1)(a)(iii)(A) and (e), the deceased person was living in a private dwelling if the dwelling was used, or used principally, as a separate residence for—

(a) if a restrictive practice was used at the dwelling in relation to the deceased person under a chapter 5B approval in effect immediately before the person died—the deceased person and 1 or more of the deceased person’s relations; or

(b) if specialist positive behaviour support was provided at the dwelling under the deceased person’s participant’s plan and the support involved the use of a restrictive practice—the deceased person and 1 or more of the deceased person’s relations; or

(c) if specialist disability accommodation was provided at the dwelling under the deceased person’s participant’s plan—the deceased person and 1 or more of the deceased person’s relations; or

(d) if paragraphs (a), (b) and (c) do not apply—the deceased person and 1 or more of the deceased person’s relations, or the deceased person only.

(3) Section 9 (4) , definitions
"participant’s plan" and
"plan" —
omit.

(4) Section 9 (4) —
insert—

"chapter 5B approval" means an approval given under the Guardianship and Administration Act 2000 , chapter 5B.

"national disability insurance scheme rules" means the National Disability Insurance Scheme rules made under the NDIS Act , section 209.

"participant’s plan" , for a deceased person, means a plan for the person under the NDIS Act that was in effect under section 37 of that Act immediately before the person died.

"relation" , of a deceased person, means—

(a) a person who is related to the deceased person by blood, spousal relationship, adoption or a foster relationship; or

(b) if the deceased person is an Aboriginal person—a person who, under Aboriginal tradition, is regarded as a relative of the deceased person; or

(c) if the deceased person is a Torres Strait Islander—a person who, under Island custom, is regarded as a relative of the deceased person.

"relevant class of supports" means any of the following classes of supports under the NDIS Act—

(a) high intensity daily personal activities;

(b) assistance with daily life tasks in a group or shared living arrangement;

(c) specialist positive behaviour support that involves the use of a restrictive practice;

(d) specialist disability accommodation.

"restrictive practice" means—

(a) a restrictive practice within the meaning of the Disability Services Act 2006 , section 144; or

(b) a regulated restrictive practice within the meaning of the national disability insurance scheme rules made for the NDIS Act, section 73H about conditions applying to registered NDIS providers in relation to the use of regulated restrictive practices.

"specialist disability accommodation" means SDA within the meaning of the national disability insurance scheme rules made for the NDIS Act , section 35 about the funding of SDA.

"specialist positive behaviour support" has the same meaning as in the National Disability Insurance Scheme Act 2013 (Cwlth) .

(5) Section 9 (3A) and (4) —
renumber as section 9 (4) and (5) .