{"id":"F2024L01685","name":"National Disability Insurance Scheme (Management of Funding) Rules 2024","slug":"national-disability-insurance-scheme-management-of-funding-rules-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105536,"registerId":"commonwealth-F2024L01685-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 (Management of Funding) Rules 2024.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

The day after this instrument is registered.

17 December 2024

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under the National Disability Insurance Scheme Act 2013.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n (a) CEO;\n (b) funding component amount;\n (c) participant;\n (d) plan;\n (e) supports;\n (f) total funding amount.\n In this instrument:\n\n> Act means the National Disability Insurance Scheme Act 2013.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Compliance with section 46 of the Act","content":"## Part 2—Compliance with section 46 of the Act","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Considering whether section 46 of the Act unlikely to be complied with","content":"#### 5 Considering whether section 46 of the Act unlikely to be complied with\n\n (1) This section is made for the purposes of subsections 44(5) and 74(6) of the Act.\n Matters to which the CEO must have regard\n (2) The following are matters to which the CEO must have regard in considering, for the purposes of sections 44 and 74 of the Act, whether section 46 of the Act would be unlikely to be complied with if a particular person were to manage the funding for supports under a plan to any extent:\n (a) the person’s history of compliance with section 46 of the Act in relation to the management of the funding for particular supports under a participant’s plan while the person was responsible for managing the funding for those supports;\n (b) the person’s history of compliance with requests or requirements made under the Act to give or produce information or documents and, if the person has refused or failed to comply with such a request or requirement:\n (i) whether the person has a reasonable excuse for that refusal or failure; and\n (ii) whether the person took reasonable steps to comply with the request or requirement, including after the time by which the request or requirement needed to be complied with;\n (c) whether the person has engaged in any conduct involving fraud or the mismanagement or misapplication of funds or other assets;\n (d) whether the person has been the subject of exploitation or undue influence in the management of legal or financial affairs;\n (e) the person’s ability or capacity to make decisions or to appropriately manage finances, taking into account any support or assistance the person is likely to receive to do so;\n (f) any matters raised by the following that the CEO considers relevant:\n (i) the person;\n (ii) if the person is not the participant—the participant;\n (g) any other matters that the CEO considers relevant.\n Matters to which the CEO must not have regard\n (3) However, the following are matters to which the CEO must not have regard:\n (a) the nature of any of the participant’s impairments;\n (b) any total funding amount or funding component amount under the plan;\n (c) if applicable, the fact that the amount of funding provided under a plan for the participant for a funding period was less than the amount that could have been provided for that period;\n (d) any bankruptcy of the person under the Bankruptcy Act 1966 from which the person has been discharged.\n (4) Subsection (3) applies despite subsection (2) to the extent that subsection (2) would otherwise have the effect of requiring the CEO to have regard to a matter that is mentioned in subsection (3).","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"Unreasonable risk","content":"## Part 3—Unreasonable risk","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Considering whether there is an unreasonable risk to the participant—matters to which the CEO must, and must not, have regard","content":"#### 6 Considering whether there is an unreasonable risk to the participant—matters to which the CEO must, and must not, have regard\n\n (1) This section is made for the purposes of subsections 44(3) of the Act and 74(6) of the Act.\n Matters to which the CEO must have regard – participant\n (2) The following are matters to which the CEO must have regard in considering, for the purposes of subsection 44(1) of the Act, whether a participant’s management of the funding for supports under a plan to a particular extent would present an unreasonable risk to the participant:\n (a) whether, and the extent to which, any identified risk could be mitigated by:\n (i) particular supports, safeguards or strategies that are, or will be, included in the participant’s statement of participant supports to which the plan management request relates;\n (ii) any informal, community or mainstream supports that the participant has in place;\n (b) whether, and the extent to which, any identified risk has been mitigated in the past by:\n (i) particular supports, safeguards or strategies that were included in the participant’s statement of participant supports;\n (ii) any informal, community or mainstream supports that the participant had in place;\n (c) the nature of the supports that are, or will be, included in the participant’s statement of participant supports to which the plan management request relates;\n (d) whether, and the extent to which, the participant is at risk of experiencing:\n (i) physical, mental or financial harm;\n (ii) exploitation or undue influence;\n (e) the participant’s ability or capacity to make decisions or to appropriately manage finances, taking into account any support or assistance the participant is likely to receive to do so;\n (f) whether a court or tribunal has ordered another person to manage, wholly or partly, the property or finances of the participant;\n (g) any matters raised by the participant that the CEO considers relevant;\n (h) any other matters that the CEO considers relevant.\n Matters to which the CEO must have regard – registered plan management provider\n (3) The following are matters to which the CEO must have regard in considering, for the purposes of subsections 44(2) and 74(4A) of the Act, whether a plan management provider’s management of the funding for supports under a plan to a particular extent would present an unreasonable risk to a participant:\n (a) whether, and the extent to which, any identified risk could be mitigated by:\n (i) particular supports, safeguards or strategies that are, or will be, included in the participant’s statement of participant supports to which the plan management request relates; or\n (ii) any informal, community or mainstream supports the participant has in place;\n (b) whether, and the extent to which, any identified risk has been mitigated in the past by:\n (i) particular supports, safeguards or strategies that were included in the participant’s statement of participant supports;\n (ii) any informal, community or mainstream supports that the participant had in place;\n (c) whether, and the extent to which, the participant is at risk of experiencing:\n (i) physical, mental or financial harm;\n (ii) exploitation or undue influence;\n (d) any matters raised by the following that the CEO considers relevant:\n (i) the person;\n (ii) if the person is not the participant—the participant;\n (e) any other matters that the CEO considers relevant.\n Matters to which the CEO must have regard – plan nominee\n (4) The following are matters to which the CEO must have regard in considering, for the purposes of subsection 44(2A) of the Act, whether a plan nominee’s management of the funding for supports under a plan to a particular extent would present an unreasonable risk to a participant:\n (a) whether, and the extent to which, any identified risk could be mitigated by:\n (i) particular supports, safeguards or strategies that are, or will be, included in the participant’s statement of participant supports to which the plan management decision relates; or\n (ii) any informal, community or mainstream supports the participant and the plan nominee have in place;\n (b) whether, and the extent to which, any identified risk has been mitigated in the past by:\n (i) particular supports, safeguards or strategies that were included in the participant’s statement of participant supports;\n (ii) any informal, community or mainstream supports that the participant or the plan nominee had in place;\n (c) the nature of the supports that are, or will be, included in the participant’s statement of participant supports to which the plan management decision relates;\n (d) whether, and the extent to which, the participant is at risk of experiencing:\n (i) physical, mental or financial harm;\n (ii) exploitation or undue influence;\n (e) the plan nominee’s ability or capacity to make decisions or to appropriately manage finances, taking into account any support or assistance the plan nominee is likely to receive to do so;\n (f) whether a court or tribunal has ordered another person to manage, wholly or partly, the property or finances of the plan nominee;\n (g) any matters raised by the participant or the plan nominee that the CEO considers relevant;\n (h) any other matters that the CEO considers relevant.\n Matters to which the CEO must have regard – child representative\n (5) The following are matters to which the CEO must have regard in considering, for the purposes of subsection 74(4) of the Act, whether management of the funding for supports under a plan to a particular extent by a person mentioned in subsection 74(1) would present an unreasonable risk to a participant who is a child:\n (a) whether, and the extent to which, any identified risk could be mitigated by:\n (i) particular supports, safeguards or strategies that are, or will be, included in the participant’s statement of participant supports to which the plan management request relates; or\n (ii) any informal, community or mainstream supports the participant and the person have in place;\n (b) whether, and the extent to which, any identified risk has been mitigated in the past by:\n (i) particular supports, safeguards or strategies that were included in the participant’s statement of participant supports;\n (ii) any informal, community or mainstream supports that the participant or the person had in place;\n (c) the nature of the supports that are, or will be, included in the participant’s statement of participant supports to which the plan management request relates;\n (d) whether, and the extent to which, the participant is at risk of experiencing:\n (i) physical, mental or financial harm;\n (ii) exploitation or undue influence;\n (e) the person’s ability or capacity to make decisions or to appropriately manage finances, taking into account any support or assistance the person is likely to receive to do so;\n (f) whether a court or tribunal has ordered another person to manage, wholly or partly, the property or finances of the person;\n (g) any matters raised by the participant or the person that the CEO considers relevant;\n (h) any other matters that the CEO considers relevant.\n\n> Note: Subsection 74(1) provides that if this Act requires or permits a thing to be done by or in relation to a child, the thing is to be done by or in relation to:\n\n (a) the person who has, or the persons who jointly have, parental responsibility for the child; or\n (b) if the CEO is satisfied that this is not appropriate—a person determined in writing by the CEO.\n Matters to which the CEO must not have regard – all decisions\n (6) However, the following are matters to which the CEO must not have regard in undertaking any of the considerations mentioned in subsections (2), (3), (4) and (5):\n (a) the nature of any of the participant’s impairments;\n (b) any total funding amount or funding component amount under the plan;\n (c) if applicable, the fact that the amount of funding provided under a plan for the participant for a funding period was less than the amount that could have been provided for that period.\n (7) Subsection (6) applies despite subsections (2), (3), (4) and (5) to the extent that those subsections would otherwise have the effect of requiring the CEO to have regard to a matter that is mentioned in subsection (6).","sortOrder":8}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"These Rules provide procedural and evidential guidance for decisions the CEO already makes under the NDIS Act. They do not expand the classes of persons subject to those decisions or create new categories of funded supports; they clarify factors the CEO must and must not consider when assessing management and risk (see sections 3, 5 and 6)."},"complexity_factors":["Multiple decision contexts to be assessed separately: participant, registered plan management provider, plan nominee and child representative (see section 6(2)–(5)).","Interlinked statutory cross-references to the Act (decision bases under sections 44, 46 and 74 are invoked; see sections 5(1) and 6(1)).","Mixed mandatory and prohibitory considerations: the CEO 'must have regard' to many factual and mitigative matters while 'must not have regard' to specified items (see sections 5(2)–(3) and 6(2),(6)).","Assessment requires evaluative judgments about capacity, risk of harm, exploitation, prior compliance and fraud, which generate evidentiary and procedural burdens on decision-makers and applicants (see sections 5(2)(a)–(c), 6(2)(d)–(e)).","Inclusion of both forward‑looking mitigation (supports, safeguards) and historical compliance factors increases information-gathering and verification needs (see sections 6(2)(a)–(b) and 5(2)(a)–(b)).","Discretionary catch-all clauses (CEO may consider 'any other matters...') confers broad administrative discretion and raises predictability issues (see sections 5(2)(g) and 6(2)(h)).","Clear exclusions (impairment type, funding amounts, certain bankruptcies) limit scope but require decision-makers to separate prohibited from permitted evidence (see sections 5(3) and 6(6)).","Dependence on definitions and terms from the Act (CEO, participant, plan, funding amounts) creates reliance on external interpretation and interactions with primary legislation (see section 4 and section 3)."],"plain_english_summary":"This instrument prescribes how the CEO must assess whether a person can manage all or part of an NDIS participant’s plan funding and whether that management would pose an unreasonable risk. It lists mandatory factors the CEO must consider (for participants, registered plan managers, nominees and child representatives) and items the CEO must not consider (for example, the participant’s impairments or plan funding amounts). It affects participants, plan nominees, registered plan managers and the NDIA’s decision-making processes."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears tightly focused on its original purpose of establishing decision-making criteria for plan management under the NDIS Act. It does not expand beyond the management of funding and compliance assessment to cover unrelated matters."},"complexity_factors":["Multiple parallel decision-making frameworks for different categories of people (participants, nominees, registered providers, child representatives) with slightly varying criteria","Nested 'must have regard to' and 'must not have regard to' provisions with override clauses (subsections 5(4) and 6(7) stating that prohibitions apply 'despite' the general requirements)","Cross-references to sections 44, 46, 74 of the NDIS Act without reproducing those provisions, requiring external knowledge of the parent Act","Repetitive structure with four near-identical lists of matters for different decision types (subsections 6(2)-(5)) creating verbosity but not conceptual complexity","Conditional logic involving 'whether, and the extent to which' formulations that require graduated assessments rather than binary decisions","Only 6 defined terms in the instrument itself, but reliance on 6 additional defined terms from the parent Act"],"plain_english_summary":"This law tells the NDIS CEO how to decide who can manage a participant’s plan funds—participants, nominees, registered plan managers or child representatives—by specifying which risk and compliance factors must be considered and which must be ignored. \n\nIt protects participants from financial abuse while preventing decisions based on disability type, plan size or past discharged bankruptcies, balancing participant choice and control with safeguards against exploitation."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/national-disability-insurance-scheme-management-of-funding-rules-2024","history":"/api/acts/national-disability-insurance-scheme-management-of-funding-rules-2024/history","analysis":"/api/acts/national-disability-insurance-scheme-management-of-funding-rules-2024/analysis","conflicts":"/api/acts/national-disability-insurance-scheme-management-of-funding-rules-2024/conflicts","importantCases":"/api/acts/national-disability-insurance-scheme-management-of-funding-rules-2024/important-cases","documents":"/api/acts/national-disability-insurance-scheme-management-of-funding-rules-2024/documents"}}