{"id":"F2018L00602","name":"National Disability Insurance Scheme (Prescribed Program—Western Australia) Rules 2018","slug":"national-disability-insurance-scheme-prescribed-program-western-australia-rules-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439624,"registerId":"F2018L00602-fast-fetch-1775955578642","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"National Disability Insurance Scheme (Prescribed Program—Western Australia) Rules 2018","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n ![](image.001.png)\n\n \n\nNational Disability Insurance Scheme (Prescribed Program—Western Australia) Rules 2018\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 (Prescribed Program—Western Australia) Rules 2018.\n\nThis instrument is made for the purposes of sections 21 and 209 of the Act.\n\nThis instrument is about ensuring that people in Western Australia who are currently receiving supports from certain specified State funded disability services will be supported as participants in the NDIS, provided that they meet the access criteria set out in section 21 of the Act.\n\nThis instrument commences on the day after this instrument is registered.\n\n \n\nThe Hon Dan Tehan MP   Minister for Social Services\n\nDate: 10 May 2018  \n\n\nContents\n\n \n\n[National Disability Insurance Scheme (Prescribed Program—Western Australia) Rules 2018](#_Toc501363018)\n\n[Part 1 What this instrument is about](#_Toc501363019)\n\n[Part 2 Prescribed program](#_Toc501363020)\n\n[Part 3 Other matters](#_Toc501363021)\n\n[Citation](#_Toc501363022)\n\n[Interpretation](#_Toc501363023)\n\nPart 1 What this instrument is about\n\n1.          The National Disability Insurance Scheme (NDIS), as administered by the National Disability Insurance Agency (Agency), was initially implemented in Western Australia at the Perth Hills trial site.\n2.          The State of Western Australia (WA) also implemented an NDIS comparative model, the WA NDIS Model. This model is funded or administered by the WA Department of Communities under the Disability Services Act 1993 (WA) and in the context of the WA NDIS Model, an Existing WA NDIS Participant is a participant under that Act.\n3.          The Commonwealth of Australia and WA have agreed that the NDIS will be implemented in Western Australia progressively as set out in the National Disability Insurance Scheme (Becoming a Participant) Rules 2016. The WA NDIS Model will cease in each NDIS area in Western Australia upon transition of that area to the NDIS.\n\n\n \n\n1.          To access the NDIS, each Existing WA NDIS Participant must make an access request to the Agency to become a participant under the NDIS. Under subsection 21(2) of the Act, a person who does not meet the access criteria specified under subsection 21(1), may be considered against the alternative access criteria under subsection 21(2).\n\n\n \n\n1.          This instrument is made for the purposes of subsection 21(2) and section 209 of the Act. This instrument makes the WA NDIS Model a prescribed program for the purpose of subparagraph 21(2)(b)(iii) of the Act. This instrument is to give effect to the agreement between the Commonwealth of Australia and WA to transition Existing WA NDIS Participants (including those aged 65 or over provided they were under 65 years when they became an Existing WA NDIS Participant) into the NDIS, to ensure the continuity of disability supports and services to those people.\n\n\n1.6 The Act sets out a number of objects and principles for the NDIS, to which this instrument gives 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\nPart 2 Prescribed program \n\n \n\n2.1 The WA NDIS Model is prescribed for the purposes of subparagraph 21(2)(b)(iii) of the Act.\n\nNote 1: To satisfy the requirement of subparagraph 21(2)(b)(i) of the Act, an Existing WA NDIS Participant must also be receiving supports under the WA NDIS Model at the time the CEO is considering their access request (see paragraph 21(2)(b) of the Act).\n\nNote 2: In addition to paragraph 21(2)(b) of the Act, the CEO must also be satisfied that an Existing WA NDIS Participant meets the requirements of paragraphs 21(2)(a) and (c) of the Act.\n\n \n\nPart 3 Other matters\n\nCitation\n\n3.1 This instrument may be cited as the National Disability Insurance Scheme (Prescribed Program—Western Australia) Rules 2018.\n\nInterpretation\n\n3.2 This instrument includes text that summarises provisions of the Act.\n\n3.3 This instrument does not relate to the preparation or management of a participant’s plan. It relates to the access criteria to be considered against in order to become a participant. This instrument does not attempt to limit or affect the circumstances in which the CEO may be satisfied that a person meets the access criteria under the Act.\n\n3.4 Terms and expressions that are used in the Act have the same meaning in this instrument unless this instrument displays 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, or instruments made under the Act, are identified or reproduced in paragraph 3.5.\n\n3.5 In this instrument:\n\n \n\nAct means the National Disability Insurance Scheme Act 2013.\n\n \n\nAgency – see section 9 of the Act.\n\n \n\nCEO – see section 9 of the Act.\n\n \n\nExisting WA NDIS Participant has the same meaning as in paragraph 8.4 of the National Disability Insurance Scheme (Becoming a Participant) Rules 2016.\n\n \n\n NDIS means the National Disability Insurance Scheme (see section 9 of the Act).\n\n \n\nparticipant – see section 9 of the Act, unless the context in this instrument otherwise requires.\n\n \n\nWA NDIS Model has same meaning as in paragraph 8.4 of the National Disability Insurance Scheme (Becoming a Participant) Rules 2016.\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument remains tightly focused on its original purpose: facilitating the transition of Western Australian disability participants from the state-based WA NDIS Model to the federal NDIS. It does not expand beyond this transitional mechanism or create additional regulatory frameworks."},"complexity_factors":["Very short instrument (approximately 3 substantive parts, 5 pages)","Only 6 defined terms in section 3.5, most referencing external instruments","Heavy reliance on cross-references to primary legislation (NDIS Act 2013) and related rules (Becoming a Participant Rules 2016) rather than standalone provisions","Simple linear structure with no nested exceptions or conditional logic beyond basic eligibility requirements","Primarily declaratory — simply 'prescribing' an existing state program for purposes of alternative access criteria","No operative provisions creating substantive rights or obligations beyond the prescription itself"],"plain_english_summary":"This instrument creates a special pathway allowing people already receiving supports under Western Australia’s WA NDIS Model to transition into the federal NDIS. It recognises the WA program as an alternative basis for NDIS access—helping maintain continuity of care, including for those who are now aged 65 but were under 65 when first enrolled.\n\nAffected participants must still apply to the NDIS Agency and meet the CEO’s required conditions."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument does not expand or narrow the statutory access criteria; it designates the WA NDIS Model as a prescribed program so existing WA recipients may be assessed under the alternative access pathway in subsection 21(2)(b)(iii). It preserves the CEO’s discretion on access, does not govern plan preparation or management, and does not itself alter funding arrangements (Part 2.1; Part 3.3)."},"complexity_factors":["Cross-references to the NDIS Act access test (subsection 21(2)) and reliance on the CEO’s discretionary decision-making (Part 2.1; Part 3.3).","Dependence on external instruments and definitions (the National Disability Insurance Scheme (Becoming a Participant) Rules 2016 and definitions reproduced in paragraph 3.5).","Limited substantive content — this instrument is declaratory and procedural rather than creating new entitlements or funding rules (Part 3.3).","Intergovernmental implementation context — gives effect to a Commonwealth–WA agreement to transition participants (Part 1.4–1.5), which adds administrative dependencies.","Narrow eligibility detail retained (includes age transition point for people aged 65 or over who became Existing WA NDIS Participants when under 65) (Part 1.4)."],"plain_english_summary":"This instrument declares the WA NDIS Model a “prescribed program” under the NDIS Act so people already receiving specified Western Australian state disability supports can be considered under the Act’s alternative access route to become NDIS participants. Affected people must still make an access request to the Agency and the Agency CEO decides eligibility (see Part 2.1 and Part 1.2). The instrument gives effect to the Commonwealth–WA transition agreement but does not change plan management or itself alter funding arrangements (Part 1.4; Part 3.3)."},"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-prescribed-program-western-australia-rules-2018","history":"/api/acts/national-disability-insurance-scheme-prescribed-program-western-australia-rules-2018/history","analysis":"/api/acts/national-disability-insurance-scheme-prescribed-program-western-australia-rules-2018/analysis","conflicts":"/api/acts/national-disability-insurance-scheme-prescribed-program-western-australia-rules-2018/conflicts","importantCases":"/api/acts/national-disability-insurance-scheme-prescribed-program-western-australia-rules-2018/important-cases","documents":"/api/acts/national-disability-insurance-scheme-prescribed-program-western-australia-rules-2018/documents"}}