{"id":"F2024L01255","name":"National Disability Insurance Scheme (Getting the NDIS Back on Track No. 1) (Miscellaneous Provisions) Transitional Rules 2024","slug":"national-disability-insurance-scheme-getting-the-ndis-back-on-track-no-1-miscellaneous-provisions-tr","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105387,"registerId":"commonwealth-F2024L01255-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the National Disability Insurance Scheme (Getting the NDIS Back on Track No. 1) (Miscellaneous Provisions) Transitional Rules 2024.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under item 138 of Schedule 1 to the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Act 2024.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  (1) In this instrument:\n\n> amending Act means the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Act 2024.\n\n> NDIS Act means the National Disability Insurance Scheme Act 2013.\n\n  (2) An expression that is defined for the purposes of the NDIS Act has the same meaning when used in this instrument as it has in that Act.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Transitional provisions","content":"## Part 2—Transitional provisions","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Debts due to the Agency—complying with requirement to spend NDIS amounts only on NDIS supports","content":"#### 5 Debts due to the Agency—complying with requirement to spend NDIS amounts only on NDIS supports\n\n  (1) This section applies in relation to a person’s failure to comply with paragraph 46(1)(a) of the NDIS Act, as in force on and after the commencement of Schedule 1 to the amending Act, in relation to an NDIS amount where the failure occurs during the following period:\n    (a) if the person is an NDIS provider and the person received the amount on behalf of a participant—the period of 30 days starting on that commencement;\n    (b) in any other case—the period of 12 months starting on that commencement.\n  (2) Subsection 182(3) of the NDIS Act does not apply in relation to the failure unless:\n    (a) the NDIS amount is $1,500 or more; or\n    (b) before the failure occurred, the Agency had notified the person about at least 2 previous failures by the person to comply with paragraph 46(1)(a) of the NDIS Act.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Claims not required for certain supports","content":"#### 6 Claims not required for certain supports\n\n  (1) Section 45A of the NDIS Act, as in force on and after the commencement of Schedule 1 to the amending Act, does not apply in relation to a payment in respect of the acquisition or provision of a recurring transport support under an old framework plan.\n  (1A) Section 45A of the NDIS Act, as in force on and after the commencement of this subsection, does not apply in relation to a payment:\n  (a) to:\n  (i) a participant who self‑manages the funding for supports under their plan\n  (ii) a plan nominee of a participant who manages funding for supports under that participant’s plan, or\n  (iii) a person mentioned in s 74(1) of the NDIS Act who manages funding for supports under a plan for a participant who is a child\n  (b) which is made in respect of the acquisition of a private vehicle transport support under a new framework plan, and\n  (c) to the extent the payment is equal to or less than $132.58 in respect of each fortnightly period.\n  (2) Subitem 132A(1) of Schedule 1 to the amending Act has effect as if the words “and subsection 6(1) and subsection 6(1A) of the National Disability Insurance Scheme (Getting the NDIS Back on Track No. 1) (Miscellaneous Provisions) Transitional Rules 2024” were added at the end of that subitem.\n\n> Note: See subitem 138(2) of Schedule 1 to the amending Act for the power to modify the effect of provisions of that Schedule.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Requirement for supports to be most appropriately funded or provided through the National Disability Insurance Scheme","content":"#### 7 Requirement for supports to be most appropriately funded or provided through the National Disability Insurance Scheme\n\n  (1) This section applies in relation to a statement of participant supports included in an old framework plan for a participant if the statement is approved or varied during the period:\n    (a) starting on the commencement of Schedule 1 to the amending Act; and\n    (b) ending immediately before the commencement of the first National Disability Insurance Scheme rules made for the purposes of paragraph 35(4)(d) of the NDIS Act (as added by Schedule 1 to the amending Act).\n  (2) For the purpose of specifying in the statement the general supports that will be provided, and the reasonable and necessary supports that will be funded, the CEO must be satisfied of the matter mentioned in subsection (3) in relation to the funding or provision of each such support, in addition to the matters of which the CEO must be satisfied as mentioned in subsection 34(1) of the NDIS Act, as in force on and after the commencement of Schedule 1 to the amending Act.\n  (3) The matter of which the CEO must be satisfied is that the support is most appropriately funded or provided through the National Disability Insurance Scheme, and is not more appropriately funded or provided through other general systems of service delivery or support services offered by a person, agency or body, or systems of service delivery or support services offered:\n    (a) as part of a universal service obligation; or\n    (b) in accordance with reasonable adjustments required under a law dealing with discrimination on the basis of disability.\n  (4) In deciding whether or not he or she is satisfied of the matter mentioned in subsection (3), the CEO must apply any methods or criteria, and have regard to any matters, that:\n    (a) were prescribed for the purposes of subsection 34(2) of the NDIS Act by National Disability Insurance Scheme rules in force immediately before the commencement of Schedule 1 to the amending Act; and\n    (b) related to the matter mentioned in paragraph 34(1)(f) of the NDIS Act, as in force immediately before that commencement.\n  (5) This section applies as mentioned in subsection (1):\n    (a) whether the participant becomes a participant; and\n    (b) in the case of a variation—whether the plan comes into effect;\n  before, on or after the commencement of Schedule 1 to the amending Act.","sortOrder":7}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"This instrument is explicitly transitional and ancillary in nature, made under specific item 138 of Schedule 1 to the amending Act. Its scope is tightly constrained to temporary adjustments during the implementation of the 'Getting the NDIS Back on Track No. 1' reforms. It does not expand beyond the original intent of facilitating smooth transition to the new statutory framework."},"complexity_factors":["Multiple temporal conditions: grace periods of 30 days vs 12 months depending on actor type (section 5)","Nested conditional logic in section 5(2): debt recovery excluded unless amount ≥$1,500 OR 2+ prior notifications","Cross-referencing to amending Act provisions (items 132A, 138) and NDIS Act sections (34, 35, 45A, 46, 74, 182)","Dual framework plan concepts: 'old framework plan' vs 'new framework plan' requiring external knowledge of NDIS plan generations","Section 6 contains overlapping exemptions with different conditions (subsections 6(1) and 6(1A)) and a deeming provision modifying the amending Act itself","Section 7 creates a temporary legal bridge applying old criteria to new statutory tests during an undefined interim period","8 defined terms or cross-referenced definitions (amending Act, NDIS Act, plus inherited definitions from NDIS Act)"],"plain_english_summary":"A short-term instrument easing the switch to the 2024 NDIS rules by pausing harsh enforcement, reducing some transport paperwork, and providing interim funding rules for plan approvals. It gives providers and participants limited grace on the new spending restriction, exempts certain recurring and private-vehicle transport payments from extra documentation, and tells the Agency to use an interim test when deciding what the NDIS should fund. Affects NDIS participants, families, providers and Agency staff — intended to avoid disruption while detailed rules are finalised."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The instrument temporarily alters the application of specified NDIS Act provisions: it narrows the Agency’s ability to treat certain misused payments as recoverable debts, exempts some recurring transport payments from claim requirements up to a capped fortnightly amount, and imposes an added requirement on the CEO to decide that supports in certain old plans are ‘most appropriately’ funded by the NDIS rather than other systems. These are time-limited, transitional changes tied to the commencement of Schedule 1 to the amending Act and to the making of replacement NDIS rules."},"complexity_factors":["Multiple time-limited exceptions with different durations (30 days for providers v 12 months for others) governing when the debt provisions apply (s 5).","Conditional non-application of subsection 182(3) dependent on dollar threshold ($1,500) or prior Agency notices (s 5(2)).","Targeted carve-outs to claims requirements for recurring transport supports under old plans and for private vehicle transport under new plans, including a precise fortnightly monetary limit ($132.58) and specific payer categories (self-managing participants, plan nominees, persons under s 74(1)) (s 6(1), s 6(1A)).","Cross-references to the amending Act, the NDIS Act and to future/new NDIS rules create dependence on other instruments and timing (ss 3, 4, 7(1), 7(4)).","Discretion placed on the CEO to be ‘satisfied’ that supports are most appropriately funded through the NDIS, with a requirement to apply earlier-prescribed methods/criteria (s 7(2)–(4)); this combines subjective judgment with carry-over of prior rule criteria.","Distinction between ‘old framework plan’ and ‘new framework plan’ affects which provisions apply, requiring administrators and participants to track plan status.","Interplay between transitional modifications and Schedule/subitem drafting (eg. s 6(2) referencing subitem 132A(1)) increases legal-interpretive steps for practitioners and administrators.","Precise numeric thresholds and limited temporal windows raise implementation and compliance risks for providers and participants (monitoring, record-keeping, timing of notifications)."],"plain_english_summary":"This instrument makes short-term, transitional adjustments to how parts of the NDIS Act apply while replacement rules are developed. It limits when the Agency can treat misused NDIS payments as recoverable debt, relaxes claim requirements for certain recurring transport payments (with a fortnightly cap), and requires the CEO to satisfy a ‘most appropriately funded by the NDIS’ test for supports in certain old plans. It affects NDIS providers, self-managing participants, plan nominees and the Agency’s enforcement and planning decisions."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/national-disability-insurance-scheme-getting-the-ndis-back-on-track-no-1-miscellaneous-provisions-tr","history":"/api/acts/national-disability-insurance-scheme-getting-the-ndis-back-on-track-no-1-miscellaneous-provisions-tr/history","analysis":"/api/acts/national-disability-insurance-scheme-getting-the-ndis-back-on-track-no-1-miscellaneous-provisions-tr/analysis","conflicts":"/api/acts/national-disability-insurance-scheme-getting-the-ndis-back-on-track-no-1-miscellaneous-provisions-tr/conflicts","importantCases":"/api/acts/national-disability-insurance-scheme-getting-the-ndis-back-on-track-no-1-miscellaneous-provisions-tr/important-cases","documents":"/api/acts/national-disability-insurance-scheme-getting-the-ndis-back-on-track-no-1-miscellaneous-provisions-tr/documents"}}