{"id":"F2016L00791","name":"National Disability Insurance Scheme (Facilitating the Preparation of Participants' Plans—New South Wales) Rules 2016","slug":"f2016l00791","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438729,"registerId":"F2016L00791-fast-fetch-1775955033312","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"National Disability Insurance Scheme (Facilitating the Preparation of Participants' Plans—New South Wales) Rules 2016","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n\n\nNational Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans—New South Wales) Rules 2016\n\n \n\nNational Disability Insurance Scheme Act 2013 (the Act)\n\nThe Act establishes the National Disability Insurance Scheme (NDIS).\n\nPeople who are participants in the NDIS will be assisted to develop a personal, goal‑based plan about how they will be provided with general supports and reasonable and necessary supports.\n\nThe NDIS will respect the interests of people with disability in exercising choice and control about matters that affect them.\n\nNational Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans—New South Wales) Rules 2016\n\nThese Rules are made for the purposes of sections 32 and 32A (other than subsection 32A(4)) of the Act.\n\nThese Rules are about the circumstances in which the facilitation of the preparation of participants’ plans will commence in the State of New South Wales.\n\nThese Rules revoke the National Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans—New South Wales) Rules 2013.\n\nThese Rules commence on the day after this instrument is registered.\n\n\nThe Hon. Christian Porter MP Minister for Social Services\n\nDated: 5 May 2016\n\nContents\n\n \n\n[National Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans—New South Wales) Rules 2016](#_Toc439683699)\n\n[Part 1 What these Rules are about](#_Toc439683700)\n\n[Part 2 Preparation of plans for residents of New South Wales](#_Toc439683701)\n\n[Part 3 Other matters](#_Toc439683702)\n\n[Citation](#_Toc439683703)\n\n[Interpretation](#_Toc439683704)\n\n[Schedule A](#_Toc439683705)\n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\nPart 1 What these Rules are about\n\n1.1 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.\n\n1.2 To enable an orderly transition, 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 whether they meet the access criteria. The second is for the participant to have a plan approved by the CEO of the Agency. These Rules relate to the second step, and the order in which the CEO will commence the facilitation of the preparation of plans for different groups, or “classes”, of participants.\n\n1.3 These Rules explain how participants in New South Wales will be phased into the NDIS.\n\n1.4 The phasing schedule is intended to give effect to agreements that have been reached between the Commonwealth and New South Wales.\n\n1.5 The Act sets out a number of objects and principles for the NDIS, to which these Rules give 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.\n\n \n\n \n\nPart 2 Preparation of plans for residents of New South Wales\n\n2.1 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 New South Wales is detailed below.\n\n2.2 The table in paragraph 2.7 sets out two classes of New South Wales participants 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.\n\n2.3 The CEO’s decisions to commence facilitating the preparation of plans for classes are tied to particular dates. Sometimes the decision must be made before a particular date; sometimes the decision must be made after a particular date.\n\n2.4 Otherwise, the sequence of classes is generally 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; for example, the Agency has 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.\n\n2.5 If a participant who is a resident of an NDIS area in New South Wales does not fall within one of the classes in the table, the CEO is to commence facilitating the preparation of the participant’s plan as soon as reasonably practicable having regard to the CEO’s obligations to commence facilitating the preparation of other participants’ plans. Such participants are not part of the phasing sequence set out in the table; their plans will be facilitated as soon as reasonably practicable after they become participants. This ensures equity of access to the NDIS for such participants.\n\nParagraph 2.5 summarises the effect of subsection 32(3) of the Act.\n\n2.6 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 2.7. If the CEO does so, the CEO is able to delay the commencement of the facilitation of the preparation of other participants’ plans, so far as is reasonably necessary, even if that delay would be contrary to that sequence.\n\nParagraph 2.6 summarises the effect of subsection 32A(3) of the Act.\n\n2.7 The two classes of participants, and the circumstances in which the CEO is to commence facilitating the preparation of plans for participants in those classes, are as follows:\n\n| Class | Participants in the class | Circumstances in, or period within, which the CEO is to commence facilitating the preparation of the participants’ plans |\n| --- | --- | --- |\n| Class 1 | Residents of the following districts of New South Wales as defined in Schedule A to this Instrument:
Central Coast; Hunter New England; Nepean Blue Mountains; Northern Sydney; South Western Sydney; Southern NSW; Western Sydney. | The CEO decides (on or after 1 July 2016) that the Agency has the capacity to commence the facilitation of the preparation of the participants’ plans. |\n| Class 2 | Residents of the following districts of New South Wales as defined in Schedule A to this Instrument:
Illawarra Shoalhaven; Mid North Coast; Murrumbidgee; Northern NSW; South Eastern Sydney; Sydney; Western NSW; Far West; | The CEO decides (on or after 1 July 2017) 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. |\n\n\n \n\nSubclasses\n\n2.8 Classes 1 and 2 (the main classes) are further divided into four subclasses as set out below.\n\n| Subclass | Participants in the subclass | Circumstances in, or period within, which the CEO is to commence facilitating the preparation of the participants’ plans |\n| --- | --- | --- |\n| Subclass A | Persons who, at the time they make an access request, are receiving, or scheduled to receive, specialist disability services funded by or directly provided by the NSW Department of Family and Community Services who reside in a NSW Large Residential Centre, Group Home or receiving support defined as Community High. | As soon as practicable after 1 July 2016 for Class 1 participants and 1 July 2017 for Class 2 participants. |\n| Subclass B | Persons who, at the time they make an access request, are receiving, or scheduled to receive, specialist disability services funded by or directly provided by the NSW Department of Family and Community Services defined as Community Access or Community Support. | Subject to the CEO deciding 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 Subclass A whose plans have been dealt with and the number yet to be dealt with:
Up to 75% of Subclass B participants, between 1 July and 31 December of the relevant year for the class of participants;remaining Subclass B participants between 1 January and 30 June of the following year. |\n| Subclass C | Persons who, at the time they make an access request, are receiving, or scheduled to receive, specialist disability services funded by or directly provided by the NSW Department of Family and Community Services defined as Respite or Community Care. | Subject to the CEO deciding 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 Subclasses A and B whose plans have been dealt with and the number yet to be dealt with:
25% of Subclass C participants between 1 July and 31 December of the relevant year for the class of participants;remainder of Subclass C participants between 1 January and 30 June of the following year. |\n| Subclass D | All other persons within the main class. | The CEO decides 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 Subclasses A, B and C whose plans have been dealt with and the number yet to be dealt with. |\n\n\n \n\n2.9 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 main class.\n\n2.10 In making a decision under paragraph 2.8, or considering whether to make such a decision, the CEO must have regard to the following principles:\n\n(a) that the commencement of the facilitation of the preparation of plans for persons who have individual funding arrangements for disability services with the State of New South Wales should be prioritised;\n\n(b) that the facilitation of the preparation of plans for supported accommodation residents should be done in a way that:\n\n(i) takes into account the intensive planning and support required for that facilitation; and\n\n(ii) enables, where practicable, participants who reside in the same home or facility to have their plans facilitated contemporaneously;\n\n(c) that where practicable, participants receiving services from the same provider should have their plans facilitated contemporaneously;\n\n(d) that the Agency should retain the capacity to facilitate the preparation of plans of participants who do not receive Commonwealth disability services or New South Wales disability services.\n\n2.11 Paragraph 2.10 does not limit the matters that the CEO may take into account in making a decision.\n\nConsultation\n\n2.12 In making a decision under paragraph 2.9, or considering whether to make such a decision, the CEO must also, where practicable, seek the views of the Government of New South Wales and have regard to those views (if any).\n\n2.13 If the table in paragraph 2.8 requires that a decision be made on or after a particular date, and the CEO is considering making that decision after that date, the CEO must, as early as possible:\n\n(a) seek the views of the Government of New South Wales and of the Commonwealth Department 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 New South Wales for the funding of the NDIS); and\n\n(b) use his or her best endeavours to reach an agreement with those entities about the proposed decision.\n\n \n\nPart 3 Other matters\n\nCitation\n\n3.1 These Rules may be cited as the National Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans—New South Wales) Rules 2016.\n\nInterpretation\n\n3.2 These Rules include text that summarises provisions of the Act. The boxed notes identify such text, which does not form an operative part of these Rules.\n\n3.3 Terms and expressions that are used in the Act have the same meaning in these Rules unless these Rules display a contrary intention—see the Acts Interpretation Act 1901 and the Legislation Act 2003, which include definitions and rules of interpretation that apply to all Commonwealth legislation. For convenience, the more important definitions from the Act are identified or reproduced in paragraph 3.4.\n\n3.4 In these Rules:\n\nAct means the National Disability Insurance Scheme Act 2013.\n\nAgencysee section 9 of the Act.\n\nCEOsee section 9 of the Act.\n\nchildsee section 9 of the Act.\n\nCommonwealth disability services means the following programs, services or allowances:\n\n(a) Australian Disability Enterprises;\n\n(b) Helping Children with Autism;\n\n(c) the Better Start for Children with Disability initiative;\n\n(d) the Continence Aids Payment Scheme;\n\n(e) Support for Day to Day Living in the Community—A Structured Activity Program;\n\n(f) Disability Employment Services—Work Based Personal Assistance;\n\n(g) Hearing Services Program;\n\n(h) Improved Support for People with Younger Onset Dementia;\n\n(i) Targeted Community Care—Mental Health;\n\n(j) Respite: Carer Support and Personal Helpers and Mentors component;\n\n(k) National Auslan Interpreter Booking and Payment Service;\n\n(l) After School Hours Care for Teenagers with Disability;\n\n(m) Partners in Recovery: Coordinated Support and Flexible Funding for people with severe and persistent mental illness and complex needs;\n\n(n) Respite Support for Carers of Young People with Severe or Profound Disability;\n\n(o) mobility allowance (under the Social Security Act 1991).\n\nNDIS area has the same meaning as in the National Disability Insurance Scheme (Becoming a Participant) Rules 2016.\n\nNew South Wales disability services means services provided or funded under the Disability Services Act 1993 (NSW).\n\n\nSchedule A\n\n \n\n| District | Districts are comprised of the following areas of New South Wales constituted under the Local Government Act 1993 (NSW) as at 1 January 2016 |\n| --- | --- |\n| Central Coast | City of Gosford
Wyong Shire |\n| Hunter New England | Armidale Dumaresq
City of Cessnock
Dungog Shire
Glen Innes Severn
Gloucester Shire
Great Lakes
City of Greater Taree
Gunnedah Shire
Guyra Shire
Gwydir Shire
Inverell Shire
City of Lake Macquarie
Liverpool Plains Shire
City of Maitland
Moree Plains Shire
Muswellbrook Shire
Narrabri Shire
City of Newcastle
Port Stephens
Singleton
Tamworth Regional
Tenterfield Shire
Upper Hunter Shire
Uralla Shire
Walcha |\n| Nepean Blue Mountains | City of Blue Mountains
City of Hawkesbury
City of Lithgow City of Penrith |\n| Northern Sydney | Hornsby Shire
Hunters Hill Municipality
Ku-ring-gai
Lane Cove Municipality
Manly
Mosman Municipality
North Sydney
Pittwater
City of Ryde
Warringah
City of Willoughby |\n| South Western Sydney | City of Bankstown
Camden
City of Campbelltown
City of Fairfield
City of Liverpool
Wingecarribee Shire
Wollondilly Shire |\n| Southern NSW | Bega Valley Shire
Bombala
Cooma-Monaro Shire
Eurobodalla Shire
Goulburn Mulwaree
Palerang
City of Queanbeyan
Snowy River Shire
Upper Lachlan Shire
Yass Valley |\n| Western Sydney | City of Auburn
City of Blacktown
City of Holroyd
City of Parramatta
The Hills Shire |\n| Illawarra Shoalhaven | Kiama Municipality
City of Shellharbour
City of Shoalhaven
City of Wollongong |\n| Mid North Coast | Bellingen Shire
City of Coffs Harbour
Kempsey Shire
Nambucca Shire
Port Macquarie-Hastings |\n| Murrumbidgee | City of Albury
Berrigan Shire
Bland Shire
Boorowa
Carrathool Shire
Conargo Shire
Coolamon Shire
Cootamundra Shire
Corowa Shire
Deniliquin
Greater Hume Shire
City of Griffith
Gundagai Shire
Harden Shire
Hay Shire
Jerilderie Shire
Junee Shire
Leeton Shire
Lockhart Shire
Murray Shire
Murrumbidgee Shire
Narrandera Shire
Temora Shire
Tumbarumba Shire
Tumut Shire
Urana Shire
City of Wagga Wagga
Wakool Shire
Young Shire |\n| Northern NSW | Ballina Shire
Byron Shire
Clarence Valley
Kyogle
City of Lismore
Richmond Valley
Tweed Shire |\n| South Eastern Sydney | City of Botany Bay
City of Hurstville
City of Kogarah
City of Randwick
City of Rockdale
Sutherland Shire
City of Sydney - Inner and East
Waverley
Woollahra Municipality |\n| Sydney | Ashfield
Burwood
Canada Bay
Canterbury
Leichhardt
Marrickville
Strathfield
Sydney - South and West |\n| Western NSW | Bathurst Regional
Blayney Shire
Bogan Shire
Bourke Shire
Brewarrina Shire
Cabonne
Cobar Shire
Coonamble Shire
Cowra Shire
City of Dubbo
Forbes Shire
Gilgandra Shire
Lachlan Shire
Mid-Western Regional
Narromine Shire
Oberon
City of Orange
Parkes Shire
Walgett Shire
Warren Shire
Warrumbungle Shire
Weddin Shire
Wellington |\n| Far West | Balranald Shire
City of Broken Hill
Central Darling Shire
Wentworth Shire |\n\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose: setting the phasing timetable for NDIS plan preparation in NSW. The 2016 version updates the 2013 Rules with revised district boundaries and timing, but does not expand beyond the core function of operationalising the NSW rollout agreement."},"complexity_factors":["Multiple nested classification systems: 2 main classes × 4 subclasses = 8 distinct rollout groups","Conditional timing triggers based on CEO discretion ('capacity to commence') rather than automatic dates","Cross-references to external definitions: NDIS area (defined in separate 2016 Rules), NSW local government areas as at 1 January 2016","Dual-layer geographic structure: 15 districts mapped to 100+ local council areas in Schedule A","Procedural requirements for CEO decision-making including mandatory consultation with NSW Government","Exception provisions for urgent circumstances and participants not fitting any class","Revocation of previous 2013 Rules creates temporal layering","Non-operative boxed notes summarising Act provisions create structural complexity"],"plain_english_summary":"These Rules set the phased timetable for rolling out the NDIS across NSW in 2016–17, identifying two regional cohorts (starting 1 July 2016 and 1 July 2017) whose residents become eligible for agency-led plan preparation. Within each cohort, four priority subclasses rank people by the disability services they already receive.\n\nIt matters because the phased approach manages capacity, prioritises those in residential/institutional or high‑need services, and allows the CEO to adjust timing in consultation with the NSW Government."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"These Rules revoke the 2013 Rules and replace them with a specific phasing regime for NSW: two main classes with start-date anchors (1 July 2016 and 1 July 2017), four subclasses (with percentage/time windows for some subclasses), detailed district mappings in Schedule A, and capacity- and consultation-based discretion for the CEO (preamble; 2.7–2.8; Schedule A; 2.12–2.13)."},"complexity_factors":["Phased, multi-tiered sequencing: two main classes and four subclasses with different timing rules and quotas (2.7–2.8).","Capacity-driven discretion: commencement hinges on the CEO’s judgment of Agency capacity, not fixed automatic triggers (2.2–2.4, 2.7).","Fixed date anchors plus flexible decision timing: some decisions must be made on or after specific dates (1 July 2016; 1 July 2017) while others depend on progress measures (2.3, 2.7).","Operational prioritisation rules: statutory principles require prioritising persons with existing State funding and supported-accommodation residents, and promoting contemporaneous planning where practicable (2.10).","Consultation and coordination obligations: CEO must seek and have regard to NSW government views and, where delayed beyond a date, use best endeavours to agree with NSW and the Commonwealth department about funding impacts (2.12–2.13).","Geographic granularity: Schedule A maps detailed local government areas into districts which determine class membership, adding administrative complexity (Schedule A).","Urgency exception: CEO may depart from the sequence for urgent cases and delay others reasonably, introducing case-by-case discretion (2.6).","Compliance and operational load: the phasing and contemporaneous-planning expectations create scheduling and coordination burdens for the Agency, providers and participants (2.4, 2.10(b)–(c)).","Instrument replacement: these Rules revoke the 2013 instrument and therefore reset the operative phasing regime (preamble)."],"plain_english_summary":"Sets the order and timing for the NDIS Agency to begin preparing participants’ plans in New South Wales. It divides NSW into two main classes and four subclasses with mapped districts and commencement windows, and ties start dates to the CEO’s assessment of the Agency’s capacity. The Rules say this phasing gives effect to Commonwealth–NSW agreements and aims to manage progressive implementation and financial sustainability."}},"importantCases":[],"_links":{"self":"/api/acts/f2016l00791","history":"/api/acts/f2016l00791/history","analysis":"/api/acts/f2016l00791/analysis","conflicts":"/api/acts/f2016l00791/conflicts","importantCases":"/api/acts/f2016l00791/important-cases","documents":"/api/acts/f2016l00791/documents"}}