National Disability Insurance Scheme Act 2013

Part 1—Preliminary

1 Short title

This Act may be cited as the National Disability Insurance Scheme Act 2013.

2 Commencement

(1) Each provision of this Act 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.

<table cellspacing="0" cellpadding="0" style="width:355.55pt; border-collapse:collapse"><thead><tr><td colspan="3" style="width:344.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Commencement information</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Column 1</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Column 2</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Column 3</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Provision(s)</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Commencement</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Date/Details</span></p></td></tr></thead><tbody><tr><td style="width:74.35pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1.</span><span> </span><span>Sections</span><span> </span><span>1 and 2 and anything in this Act not elsewhere covered by this table</span></p></td><td style="width:180.7pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The day this Act receives the Royal Assent.</span></p></td><td style="width:68.4pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>28</span><span> </span><span>March 2013</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>2.</span><span> </span><span>Sections</span><span> </span><span>3 to 12</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The day after this Act receives the Royal Assent.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>29</span><span> </span><span>March 2013</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>3.</span><span> </span><span>Chapters</span><span> </span><span>2 and 3</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>A day or days to be fixed by Proclamation.</span></p><p class="Tabletext"><span>However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span><span> </span><span>July 2013</span></p><p class="Tabletext"><span>(</span><span style="font-style:italic">see</span><span> F2013L00994)</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>4. </span><span></span><span>Chapter</span><span> </span><span>4, Part</span><span> </span><span>1, Division</span><span> </span><span>1</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>A day or days to be fixed by Proclamation.</span></p><p class="Tabletext"><span>However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span><span> </span><span>July 2013</span></p><p class="Tabletext"><span>(</span><span style="font-style:italic">see</span><span> F2013L00994)</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>5. </span><span></span><span>Chapter</span><span> </span><span>4, Part</span><span> </span><span>1, Divisions</span><span> </span><span>2 and 3</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The day after this Act receives the Royal Assent.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>29</span><span> </span><span>March 2013</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>6. </span><span></span><span>Chapter</span><span> </span><span>4, Parts</span><span> </span><span>2 and 3</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The day after this Act receives the Royal Assent.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>29</span><span> </span><span>March 2013</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>7.</span><span> </span><span>Chapter</span><span> </span><span>4, Parts</span><span> </span><span>4, 5 and 6</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>A day or days to be fixed by Proclamation.</span></p><p class="Tabletext"><span>However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span><span> </span><span>July 2013</span></p><p class="Tabletext"><span>(</span><span style="font-style:italic">see</span><span> F2013L00994)</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>8.</span><span> </span><span>Chapter</span><span> </span><span>5</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>A day or days to be fixed by Proclamation.</span></p><p class="Tabletext"><span>However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span><span> </span><span>July 2013</span></p><p class="Tabletext"><span>(</span><span style="font-style:italic">see</span><span> F2013L00994)</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>9.</span><span> </span><span>Chapters</span><span> </span><span>6 and 7</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The day after this Act receives the Royal Assent.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>29</span><span> </span><span>March 2013</span></p></td></tr></tbody></table>

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

Part 2—Objects and principles

3 Objects of Act

(1) The objects of this Act are to: (a) in conjunction with other laws, give effect to Australia’s obligations under the Convention on the Rights of Persons with Disabilities done at New York on 13 December 2006 ([2008] ATS 12); and (b) provide for the National Disability Insurance Scheme in Australia; and (c) support the independence and social and economic participation of people with disability; and (d) provide reasonable and necessary supports, including early intervention supports, for participants in the National Disability Insurance Scheme; and (e) enable people with disability to exercise choice and control in the pursuit of their goals and the planning and delivery of their supports; and (f) facilitate the development of a nationally consistent approach to the access to, and the planning and funding of, supports for people with disability; and (g) promote the provision of high quality and innovative supports that enable people with disability to maximise independent lifestyles and full inclusion in the community; and (ga) protect and prevent people with disability from experiencing harm arising from poor quality or unsafe supports or services provided under the National Disability Insurance Scheme; and (h) raise community awareness of the issues that affect the social and economic participation of people with disability, and facilitate greater community inclusion of people with disability; and (i) in conjunction with other laws, give effect to certain obligations that Australia has as a party to: (i) the International Covenant on Civil and Political Rights done at New York on 16 December 1966 ([1980] ATS 23); and (ii) the International Covenant on Economic, Social and Cultural Rights done at New York on 16 December 1966 ([1976] ATS 5); and (iii) the Convention on the Rights of the Child done at New York on 20 November 1989 ([1991] ATS 4); and (iv) the Convention on the Elimination of All Forms of Discrimination Against Women done at New York on 18 December 1979 ([1983] ATS 9); and (v) the International Convention on the Elimination of All Forms of Racial Discrimination done at New York on 21 December 1965 ([1975] ATS 40).

Note: In 2013, the text of a Convention or Covenant in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

(2) These objects are to be achieved by: (a) providing the foundation for governments to work together to develop and implement the National Disability Insurance Scheme; and (b) adopting an insurance‑based approach, informed by actuarial analysis, to the provision and funding of supports for people with disability; and (c) establishing a national regulatory framework for persons and entities who provide supports and services to people with disability, including certain supports and services provided outside the National Disability Insurance Scheme. (3) In giving effect to the objects of the Act, regard is to be had to: (b) the need to ensure the financial sustainability of the National Disability Insurance Scheme; and (c) the broad context of disability reform provided for in: (i) disability strategies agreed to by the Commonwealth and each host jurisdiction from time to time; and (ii) the Carer Recognition Act 2010; and (d) the provision of services by other agencies, Departments or organisations and the need for interaction between the provision of mainstream services and the provision of supports under the National Disability Insurance Scheme.

Note: For subparagraph (c)(i), in 2024 the relevant strategy was Australia’s Disability Strategy 2021‑2031, accessible through the Department’s website.

4 General principles guiding actions under this Act

(1) People with disability have the same right as other members of Australian society to realise their potential for physical, social, emotional and intellectual development. (2) People with disability should be supported to participate in and contribute to social and economic life. (3) People with disability and their families and carers should have certainty that people with disability will receive the care and support they need over their lifetime. (4) People with disability should be supported to exercise choice, including in relation to taking reasonable risks, in the pursuit of their goals and the planning and delivery of their supports. (5) People with disability should be supported to receive reasonable and necessary supports, including early intervention supports. (6) People with disability have the same right as other members of Australian society to respect for their worth and dignity and to live free from abuse, neglect and exploitation. (7) People with disability have the same right as other members of Australian society to pursue any grievance. (8) People with disability have the same right as other members of Australian society to be able to determine their own best interests, including the right to exercise choice and control, and to engage as equal partners in decisions that will affect their lives. (9) People with disability should be supported in all their dealings and communications with the Agency and the Commission so that their capacity to exercise choice and control is maximised in a way that is appropriate to their circumstances and cultural needs. (9A) People with disability are central to the National Disability Insurance Scheme and should be included in a co‑design capacity. (10) People with disability should have their privacy and dignity respected. (11) Reasonable and necessary supports for people with disability should: (a) support people with disability to pursue their goals and maximise their independence; and (b) support people with disability to live independently and to be included in the community as fully participating citizens; and (c) develop and support the capacity of people with disability to undertake activities that enable them to participate in the community and in employment. (12) The role of families, carers and other significant persons in the lives of people with disability is to be acknowledged and respected. (12A) The relationship between people with disability and their families and carers is to be recognised and respected. (13) The role of advocacy in representing the interests of people with disability is to be acknowledged and respected, recognising that advocacy supports people with disability by: (a) promoting their independence and social and economic participation; and (b) promoting choice and control in the pursuit of their goals and the planning and delivery of their supports; and (c) maximising independent lifestyles of people with disability and their full inclusion in the community. (14) People with disability should be supported to receive supports outside the National Disability Insurance Scheme, and be assisted to coordinate these supports with the supports provided under the National Disability Insurance Scheme. (15) In exercising their right to choice and control, people with disability require access to a diverse and sustainable market for disability supports in which innovation, quality, continuous improvement, contemporary best practice and effectiveness in the provision of those supports is promoted. (16) Positive personal and social development of people with disability, including children and young people, is to be promoted. (17) It is the intention of the Parliament that the Ministerial Council, the Minister, the Board, the CEO, the Commissioner and any other person or body is to perform functions and exercise powers under this Act in accordance with these principles, having regard to the need to ensure the financial sustainability of the National Disability Insurance Scheme.

5 General principles guiding actions of people who may do acts or things on behalf of others

It is the intention of the Parliament that, if this Act requires or permits an act or thing to be done by or in relation to a person with disability by another person, the act or thing is to be done, so far as practicable, in accordance with both the general principles set out in section 4 and the following principles: (a) people with disability should be involved in decision making processes that affect them, and where possible make decisions for themselves; (b) people with disability should be encouraged to engage in the life of the community; (c) the judgements and decisions that people with disability would have made for themselves should be taken into account; (d) the cultural and linguistic circumstances, and the sex, gender identity, sexual orientation and intersex status, of people with disability should be taken into account; (e) the supportive relationships, friendships and connections with others of people with disability should be recognised; (f) if the person with disability is a child—the best interests of the child are paramount, and full consideration should be given to the need to: (i) protect the child from harm; and (ii) promote the child’s development; and (iii) strengthen, preserve and promote positive relationships between the child and the child’s parents, family members and other people who are significant in the life of the child.

6 Agency may provide support and assistance

To support people with disability to exercise choice and control in the pursuit of their goals, the Agency may provide support and assistance (including financial assistance) to prospective participants and participants in relation to doing things or meeting obligations under, or for the purposes of, this Act.

Note: For example, the Agency might assist a participant to prepare the participant’s statement of goals and aspirations by assisting the participant to clarify his or her goals, objectives and aspirations.

7 Provision of notice, approved form or information under this Act etc.

(1) The contents of any notice, approved form or information given under this Act, the regulations or the National Disability Insurance Scheme rules to a person with disability must be explained by the giver of the notice, approved form or information to the maximum extent possible to the person in the language, mode of communication and terms which that person is most likely to understand. (2) An explanation given under subsection (1) must be given both orally and in writing if reasonably practicable.

Part 3—Simplified outline

8 Simplified outline

The following is a simplified outline of this Act:

This Act provides for the National Disability Insurance Scheme.

The National Disability Insurance Scheme comprises:

(a) the provision of services or activities that are in the nature of coordination, strategic or referral services or activities (Chapters 2 and 3); and

(b) funding for persons or entities to enable them to assist people with disability to participate in economic and social life (Chapter 2); and

(c) individual plans under which certain supports (called NDIS supports) will be funded for certain people (called participants) (Chapter 3).

This Act includes administrative provisions supporting the operation of the National Disability Insurance Scheme (Chapters 4 and 5), such as:

(a) provisions to ensure the National Disability Insurance Scheme’s integrity, including limited powers to obtain information, and requirements relating to protection of information; and

(b) provisions relating to children; and

(c) provisions for nominees; and

(d) provisions for review of decisions; and

(e) provisions about the treatment of compensation.

This Act also provides for the regulation of persons and entities who provide supports and services to people with disability under the National Disability Insurance Scheme. It also regulates supports and services provided outside the National Disability Insurance Scheme in certain circumstances.

A person with disability may receive supports or services from registered NDIS providers (Part 3A of Chapter 4). Supports and services may also be received from providers who are not registered.

This Act also creates the National Disability Insurance Agency (Chapter 6).

The functions of the Agency include delivering the National Disability Insurance Scheme.

The Agency also has more general functions, such as:

(a) developing and enhancing the disability sector, including by facilitating innovation, research and contemporary best practice in the sector; and

(b) building community awareness of disabilities and the social contributors to disabilities.

Chapter 6 also:

(a) establishes the Board of the Agency; and

(b) establishes an Independent Advisory Council; and

(c) provides for the Chief Executive Officer and staff of the Agency; and

(d) provides for reporting and financial matters.

The NDIS Quality and Safeguards Commission and the office of the NDIS Quality and Safeguards Commissioner are also established by this Act (Chapter 6A).

The functions of the Commissioner include:

(a) functions relating to the quality and safety of services and supports provided to people with disability; and

(b) registering and overseeing the operation of NDIS providers; and

(c) managing and resolving complaints about NDIS providers; and

(d) providing leadership in relation to behaviour supports; and

(e) establishing, operating and maintaining the NDIS worker screening database (Chapter 6B).

Chapter 7 includes provisions relating to general matters, such as:

(a) debts; and

(c) legislative instruments.

Part 4—Definitions

9 Definitions

In this Act:

access request has the meaning given by section 18.

Advisory Council means the Independent Advisory Council established by section 143.

aged care clearance decision has the same meaning as in the Aged Care Act 2024.

aged care exclusion decision has the same meaning as in the Aged Care Act 2024.

aged care worker screening check has the same meaning as in the Aged Care Act 2024.

aged care worker screening law has the same meaning as in the Aged Care Act 2024.

Agency means the National Disability Insurance Agency referred to in subsection 117(1).

Agency officer means:

(a) a member of the staff of the Agency under section 169; or
(b) a person assisting the Agency under section 170.

annual financial sustainability report means a report prepared under subsection 180B(1).

approved form, in relation to a provision of this Act, means a form approved under section 9A for the purposes of that provision.

approved quality auditor means a person or body approved by the Commissioner under section 73U.

banning order means an order made under section 73ZN.

behaviour support function has the meaning given by section 181H.

Board means the Board of the National Disability Insurance Agency referred to in section 123.

Board member means a member of the Board (and includes the Chair).

carer means an individual who:

(a) provides personal care, support and assistance to another individual who needs it because that other individual is a person with disability; and
(b) does not provide the care, support and assistance:
(i) under a contract of service or a contract for the provision of services; or
(ii) in the course of doing voluntary work for a charitable, welfare or community organisation; or
(iii) as part of the requirements of a course of education or training.

centrelink program has the same meaning as in the Human Services (Centrelink) Act 1997.

CEO means the Chief Executive Officer of the Agency.

Chair means the Chair of the Board.

child means a person who is under 18 years of age.

civil penalty provision has the same meaning as in the Regulatory Powers Act.

Commission means the NDIS Quality and Safeguards Commission established by section 181A.

Commissioner means the Commissioner of the NDIS Quality and Safeguards Commission referred to in section 181C.

Commission officer means:

(a) a member of the staff of the Commission under section 181U; or
(b) a person assisting the Commissioner under section 181W.

Commonwealth Ombudsman means the person for the time being holding office as Commonwealth Ombudsman under the Ombudsman Act 1976.

compensation has the meaning given by section 11.

complaints functions has the meaning given by section 181G.

compliance notice means a notice given under section 73ZM.

core functions has the meaning given by section 181E.

correspondence nominee means a person who is appointed as the correspondence nominee of a participant under section 87.

cover, in relation to an enterprise agreement, has the same meaning as in the Fair Work Act 2009.

decision‑maker for a reviewable decision means:

(a) for a reviewable decision referred to in column 1 of the table in subsection 99(1)—the person referred to in column 3 of that table in relation to that decision; or
(b) for a reviewable decision specified in the National Disability Insurance Scheme rules for the purposes of subsection 99(2)—the person specified in the rules as the decision‑maker for that decision.

developmental delay means a delay in the development of a child under 6 years of age that:

(a) is attributable to a mental or physical impairment or a combination of mental and physical impairments; and
(b) results in substantial reduction in functional capacity in one or more of the following areas of major life activity:
(i) self‑care;
(ii) receptive and expressive language;
(iii) cognitive development;
(iv) motor development; and
(c) results in the need for a combination and sequence of special interdisciplinary or generic care, treatment or other services that are of extended duration and are individually planned and coordinated.

Disability Minister for a host jurisdiction means the Minister of the host jurisdiction who is a member of the Ministerial Council.

disclose, in relation to information in the NDIS worker screening database, includes provide electronic access to the information.

enterprise agreement has the same meaning as in the Fair Work Act 2009.

enters into an agreement to give up his or her right to compensation: a participant or prospective participant enters into an agreement to give up his or her right to compensation if he or she:

(a) enters into an agreement to waive his or her right to compensation; or
(b) enters into an agreement to withdraw his or her claim for compensation.

entity means a partnership or an unincorporated association.

Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.

financial institution means a corporation that is an ADI for the purposes of the Banking Act 1959.

First Minister for a host jurisdiction means:

(a) if the host jurisdiction is a State—the Premier of the State; or
(b) if the host jurisdiction is a Territory—the Chief Minister of the Territory.

First Ministers’ Council means a body (however described) that consists only of, or that includes, the following:

(a) the Prime Minister;
(b) the Premiers of each State;
(c) the Chief Ministers of the Australian Capital Territory and Northern Territory.

flexible funding has the meaning given by paragraph 32E(2)(a).

funded aged care service has the same meaning as in the Aged Care Act 2024.

funding component amount, for a group of reasonable and necessary supports funded under an old framework plan, has the meaning given by paragraph 33(2A)(c).

funding period:

(a) for flexible funding provided under a new framework plan—has the meaning given by paragraph 32F(2)(a); and
(b) for funding provided under a new framework plan for a stated support or class of stated supports—has the meaning given by paragraph 32G(3)(a); and
(c) for funding provided under an old framework plan for all reasonable and necessary supports, or a group of reasonable and necessary supports, funded under the plan—has the meaning given by paragraph 33(2A)(d).

general supports has the meaning given by subsection 13(2).

grace period has the meaning given by subsection 40(2).

holder, in relation to a visa, has the same meaning as in the Migration Act 1958.

host jurisdiction means the following:

(a) each of the States;
(b) the Australian Capital Territory;
(c) the Northern Territory.

host jurisdiction Minister for a host jurisdiction means a Minister of the host jurisdiction who is:

(a) a member of the Ministerial Council; or
(b) if the host jurisdiction is a State—the Premier of the State; or
(c) if the host jurisdiction is a Territory—the Chief Minister of the Territory.

independent advocate, in relation to a person with disability, means a person who:

(a) is independent of the Agency, the Commission and any NDIS providers providing supports or services to the person with disability; and
(b) provides independent advocacy for the person with disability, to assist the person with disability to exercise choice and control and to have their voice heard in matters that affect them; and
(c) acts at the direction of the person with disability, reflecting the person with disability’s expressed wishes, will, preferences and rights; and
(d) is free of relevant conflicts of interest.

Indigenous person means a person who is:

(a) a member of the Aboriginal race of Australia; or
(b) a descendant of an Indigenous inhabitant of the Torres Strait Islands.

key personnel has the meaning given by section 11A.

managing the funding for supports under a participant’s plan has the meaning given by section 42.

medicare program has the same meaning as in the Human Services (Medicare) Act 1973.

meets the access criteria has the meaning given by section 21.

meets the age requirements has the meaning given by section 22.

meets the disability requirements has the meaning given by section 24.

meets the early intervention requirements has the meaning given by section 25.

meets the residence requirements has the meaning given by section 23.

Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to the National Disability Insurance Scheme.

National Disability Insurance Scheme means the arrangements set out in Chapters 2 and 3.

National Disability Insurance Scheme rules means the rules mentioned in section 209.

NDIS amount means an amount paid under the National Disability Insurance Scheme in respect of supports (other than general supports) funded under a participant’s plan.

NDIS Code of Conduct means the National Disability Insurance Scheme rules made for the purposes of section 73V.

NDIS Practice Standards means the National Disability Insurance Scheme rules made for the purposes of section 73T.

NDIS provider means:

(a) a person (other than the Agency) who receives:
(i) funding under the arrangements set out in Chapter 2; or
(ii) NDIS amounts (other than as a participant); or
(b) a person or entity:
(i) who provides supports or services to people with disability other than under the National Disability Insurance Scheme; and
(ii) who is prescribed by the National Disability Insurance Scheme rules for the purposes of this subparagraph.

NDIS Provider Register means the register maintained under section 73ZS.

NDIS support, for a participant, has the meaning given by section 10.

NDIS worker screening check means an assessment, under an NDIS worker screening law, of whether a person who works, or seeks to work, with people with disability poses a risk to such people.

NDIS worker screening database means the database established under section 181Y.

NDIS worker screening law means a law of a State or Territory determined in an instrument under subsection 10B(1).

needs assessment report, for a new framework plan, means the report of an assessment undertaken in accordance with section 32L for the purposes of the plan.

new framework plan has the meaning given by subsection 32A(1).

nominee means the correspondence nominee of a participant or the plan nominee of a participant.

old framework plan has the meaning given by subsection 32A(2).

ongoing funded aged care service has the same meaning as in the Aged Care Act 2024.

otherwise engaged includes engaged on a voluntary basis.

paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).

parent: without limiting who is a parent of anyone for the purposes of this Act, a person is the parent of another person if the other person is a child of the person within the meaning of the Family Law Act 1975.

parental responsibility has the meaning given by section 75.

participant means a person who is a participant in the National Disability Insurance Scheme (see sections 28, 29, 30 and 30A).

participant’s impairment means an impairment in relation to which the participant meets the disability requirements, or the early intervention requirements, to any extent.

participant’s statement of goals and aspirations has the meaning given by subsections 32D(1) and 33(1).

permanent visa has the same meaning as in the Migration Act 1958.

plan, for a participant, means the participant’s plan that is in effect under section 37.

plan management request has the meaning given by subsection 43(1).

plan nominee means a person who is appointed as a plan nominee of a participant under section 86.

Principal Member means the Principal Member of the Advisory Council.

prospective participant means a person in relation to whom an access request has been made but not yet decided.

prospective participant’s impairment means an impairment in relation to which the prospective participant claims to meet the disability requirements, or the early intervention requirements, to any extent.

protected Agency information means:

(a) information about a person that is or was held in the records of the Agency; or
(b) information to the effect that there is no information about a person held in the records of the Agency.

protected Commission information means information about a person (including a deceased person) that is or was held in the records of the Commission, but does not include the following:

(a) if there is publication of the NDIS Provider Register in whole or part as mentioned in paragraph 73ZS(7)(b)—information covered by that publication;
(b) if there is publication of specified information entered on that Register as mentioned in that paragraph—that information.

protected SCV holder: a person is a protected SCV holder if:

(a) the person was in Australia on 26 February 2001, and was a special category visa holder on that day; or
(b) the person had been in Australia for a period of, or for periods totalling, 12 months during the 2 years immediately before 26 February 2001, and returned to Australia after that day.

reasonable and necessary budget for a new framework plan means the reasonable and necessary budget specified in the plan under paragraph 32D(2)(a).

reassessment date of a participant’s plan means:

(a) if the plan is a new framework plan—the day after the end of the maximum period of effect specified in the plan under paragraph 32D(2)(d); or
(b) if the plan is an old framework plan—the date specified in the plan under paragraph 33(2)(c).

recoverable amount has the meaning given by sections 106 and 107.

registered means registered under section 73E.

registered aged care provider means a registered provider within the meaning of the Aged Care Act 2024.

registered NDIS provider means a person or entity who is registered under section 73E.

registered plan management provider means an NDIS provider who is registered to manage the funding for supports under plans as mentioned in paragraph 73E(2)(a).

registration and reportable incident functions has the meaning given by section 181F.

Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.

reportable incident has the meaning given by subsections 73Z(4) and (5).

restrictive practice means any practice or intervention that has the effect of restricting the rights or freedom of movement of a person with disability.

reviewable decision has the meaning given by subsections 99(1) and (2).

reviewer has the meaning given by subsection 100(5).

reviewing actuary means the actuary who is nominated under section 180D.

scheme actuary means the actuary who is nominated under section 180A.

special category visa has the same meaning as in the Migration Act 1958.

specialist aged care program has the same meaning as in the Aged Care Act 2024.

stated support for a participant has the meaning given by subsection 32E(4).

statement of participant supports has the meaning given by subsections 32D(2) and 33(2).

supports includes general supports.

total funding amount:

(a) for flexible funding provided under a new framework plan—means the amount specified in the plan under paragraph 32E(2)(a); and
(b) for a stated support or class of stated supports funded under a new framework plan—means the amount specified in the plan for the stated support or class of stated supports under paragraph 32G(2)(a); and
(c) for reasonable and necessary supports funded under an old framework plan—means an amount specified in the plan under paragraph 33(2A)(a).

9A Approved forms

(1) The CEO may, in writing, approve a form for the purposes of a provision of this Act. (2) The CEO must publish each approved form on the Agency’s website.

10 Definition of NDIS support

Supports that are NDIS supports (1) Subject to subsections (4) and (9), a support is an NDIS support for a person who is a participant or prospective participant if the support is declared by National Disability Insurance Scheme rules made for the purposes of this subsection to be an NDIS support for: (a) participants or prospective participants generally; or (b) a class of participants or prospective participants that includes the person.

Note: The National Disability Insurance Scheme rules may declare a support for the purposes of this subsection by identifying a class of supports (see subsection 13(3) of the Legislation Act 2003).

(2) Before making National Disability Insurance Scheme rules declaring a support for the purposes of subsection (1), the Minister must be satisfied: (a) for rules to which paragraph (1)(a) applies—that the support is appropriately funded or provided through the National Disability Insurance Scheme for participants or prospective participants generally; or (b) for rules to which paragraph (1)(b) applies—that the support is appropriately funded or provided through the National Disability Insurance Scheme for participants, or prospective participants, in the relevant class. (3) National Disability Insurance Scheme rules may declare a support for the purposes of subsection (1) only if at least one of the following applies: (a) the declaration of the support implements Australia’s obligations under: (i) the Convention on the Rights of Persons with Disabilities done at New York on 13 December 2006; or (ii) any other agreement with one or more other countries; (b) the declaration of the support enables the provision of sickness benefits.

Note: For subparagraph (a)(i), the Convention on the Rights of Persons with Disabilities is in Australian Treaty Series 2008 No. 12 ([2008] ATS 12) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

Supports that are not NDIS supports (4) The National Disability Insurance Scheme rules may declare that a support is not an NDIS support for: (a) participants or prospective participants generally; or (b) a class of participants or prospective participants.

Note: The National Disability Insurance Scheme rules may declare a support for the purposes of this subsection by identifying a class of supports (see subsection 13(3) of the Legislation Act 2003).

(5) Before making National Disability Insurance Scheme rules declaring a support for the purposes of subsection (4), the Minister must be satisfied: (a) for rules to which paragraph (4)(a) applies—that the support is not appropriately funded or provided through the National Disability Insurance Scheme for participants or prospective participants generally; or (b) for rules to which paragraph (4)(b) applies—that the support is not appropriately funded or provided through the National Disability Insurance Scheme for participants, or prospective participants, in the relevant class. (6) The CEO may determine, in writing, that a support is taken to not be declared under subsection (4) in relation to a participant if: (a) the support is prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph; and (b) the support would, apart from subsection (4), be an NDIS support for the participant; and (c) the participant applies to the CEO in accordance with subsection (7) for the determination; and (d) the CEO is satisfied that: (i) the support would replace one or more other supports that are NDIS supports for the participant; and (ii) the cost of the support is the same or lower than the total of the costs of the supports it would replace; and (iii) the support would provide the same or a better outcome for the participant than the supports it would replace; and (iv) any other conditions specified in the National Disability Insurance Scheme rules for the purposes of this subparagraph are met in relation to the support, the participant, or both.

Note 1: A determination may be revoked under subsection 33(3) of the Acts Interpretation Act 1901.

Note 2: The National Disability Insurance Scheme rules may prescribe a support for the purposes of paragraph (a) by identifying a class of supports (see subsection 13(3) of the Legislation Act 2003).

(7) An application under paragraph (6)(c) must: (a) be in the form (if any) approved by the CEO; and (b) include any information, and be accompanied by any documents, required by the CEO; and (c) be made in accordance with any other requirements specified in the National Disability Insurance Scheme rules for the purposes of this paragraph, which may include requirements as to the circumstances in which an application may, or may not, be made. (8) The National Disability Insurance Scheme rules may make provision for determining any matter for the purposes of subsection (6), including by prescribing requirements with which the CEO must comply, methods or criteria that the CEO is to apply, or matters that the CEO may, must or must not take into account, in deciding whether to make a determination under that subsection. (9) A support is not an NDIS support for a participant or prospective participant if the support consists of the provision of: (a) sexual services; or (b) alcohol; or (c) drugs, the possession of which is a contravention of a law of the Commonwealth, a State or a Territory.

10B Definition of NDIS worker screening law

(1) The Minister may, by legislative instrument, determine a law of a State or Territory for the purposes of the definition of NDIS worker screening law in section 9, with the agreement of that State or Territory.

Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument (see subsection 44(1) of that Act).

Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).

(2) Before determining a law of a State or Territory, the Minister must be satisfied that the law establishes a scheme for the screening of workers for purposes including the National Disability Insurance Scheme.

11 Definitions relating to compensation

(1) In this Act:

compensation means a payment (with or without admission of liability) in respect of:

(a) compensation or damages in respect of personal injury; or
(b) personal injury, under a scheme of insurance or compensation under a Commonwealth, State or Territory law, including a payment under a contract entered into under such a scheme; or
(c) personal injury, in settlement of a claim for damages or a claim under such an insurance scheme;

that is wholly or partly in respect of the cost of supports that may be provided to a participant (whether or not specifically identified as such). It does not matter whether the payment is made directly to the person who sustained the personal injury or to another person in respect of that person. (2) A payment referred to in subsection (1) may be: (a) in the form of a lump sum or in the form of a series of periodic payments; and (b) made within or outside Australia. (3) In this Act, a reference to an insurer who is, under a contract of insurance, liable to indemnify a compensation payer or a potential compensation payer includes a reference to an authority of a State or Territory: (a) that is liable to indemnify a compensation payer or a potential compensation payer against such a liability, whether under a contract, law or otherwise; or (b) that determines to make a payment to indemnify a compensation payer or a potential compensation payer against such a liability, whether or not the authority is liable to do so.

11A Definition of key personnel

(1) Each of the following is one of the key personnel of a person or entity: (a) a member of the group of persons who is responsible for the executive decisions of the person or entity; (b) any other person who has authority or responsibility for (or significant influence over) planning, directing or controlling the activities of the person or entity. (2) Without limiting paragraph (1)(a), a reference in that paragraph to a person who is responsible for the executive decisions of a person or entity includes: (a) if the person or entity is a body corporate that is incorporated, or taken to be incorporated, under the Corporations Act 2001—a director of the body corporate for the purposes of that Act; and (b) in any other case—a member of the person’s or entity’s governing body.

Part 5—Ministerial Council

12 Ministerial Council functions etc.

(1) The Ministerial Council is to: (a) consider policy matters that relate to the National Disability Insurance Scheme or arise under this Act; and (b) advise the Minister about such matters; and (c) make recommendations to the First Ministers’ Council about such matters. (2) The advice and recommendations must not relate to a particular individual. (3) The Minister must consult the Ministerial Council about policy matters that relate to the National Disability Insurance Scheme or arise under this Act.

Chapter 2—Assistance for people with disability and others

13 Agency may provide coordination, strategic and referral services etc. to people with disability

(1) The Agency may provide general supports to, or in relation to, people with disability who are not participants.

Note: Chapter 3 deals with the provision of general supports to, or in relation to, participants.

(2) In this Act:

general support means:

(a) a service provided by the Agency to a person; or
(b) an activity engaged in by the Agency in relation to a person;

that is in the nature of a coordination, strategic or referral service or activity, including a locally provided coordination, strategic or referral service or activity.

14 Agency may provide funding to persons or entities

(1) The Agency may provide assistance in the form of funding for persons or entities: (a) for the purposes of enabling those persons or entities to provide information in relation to disability and disability supports and services; or (aa) for the purposes of enabling those persons or entities to provide assistance in building capacity within the community in connection with the provision of goods and services to people with disability and their families and carers; or (ab) for the purposes of enabling those persons or entities to assist people with disability to realise their potential for physical, social, emotional and intellectual development; or (ac) for the purposes of enabling those persons or entities to assist people with disability, and their families and carers, to participate in social and economic life; or (b) otherwise in the performance of the Agency’s functions. (2) Without limiting subsection (1), the Agency may provide funding to a person or entity: (a) to assist one or more participants to receive supports; or (b) to assist a participant who is a child aged under 7 to access supports, before the child’s plan comes into effect, in relation to the child’s disability needs (whether those needs arise because the child meets the disability requirements or meets the early intervention requirements). (3) The National Disability Insurance Scheme rules may set out matters to which the Agency must have regard in deciding whether to provide funding under subsection (2).

15 Agency may provide information

(1) The Agency may provide information about the following: (a) matters relevant to the National Disability Insurance Scheme; (b) the functions of the Agency. (2) The Agency must use its best endeavours to provide timely and accurate information to people with disability and other people in order to assist them in making informed decisions about matters relevant to the National Disability Insurance Scheme.

16 Agency may assist in relation to doing things under Chapter

The Agency may provide support and assistance to people in relation to doing things under, or for the purposes of, this Chapter.

17 National Disability Insurance Scheme rules

The National Disability Insurance Scheme rules may prescribe matters for and in relation to this Chapter.

Chapter 3—Participants and their plans

Part 1A—Principles

17A Principles relating to the participation of people with disability

(1A) In performing the CEO’s functions and exercising the CEO’s powers under this Chapter, the CEO must have regard to the principles in this section. (1) People with disability are assumed, so far as is reasonable in the circumstances, to have capacity to determine their own best interests and make decisions that affect their own lives. (2) People with disability will be supported in their dealings and communications with the Agency so that their capacity to exercise choice and control is maximised. (3) The National Disability Insurance Scheme is to: (a) respect the interests of people with disability in exercising choice and control about matters that affect them; and (b) enable people with disability to make decisions that will affect their lives; and (c) support people with disability to participate in, and contribute to, social and economic life. (4) The principles in this section are in addition to the principles in section 4 to which the CEO is to have regard in performing the CEO’s functions and exercising the CEO’s powers under this Act.

18 Person may make a request to become a participant

A person may make a request (an access request) to the Agency to become a participant in the National Disability Insurance Scheme.

Note: Once a person becomes a participant, the CEO must commence to facilitate the preparation of his or her plan (see section 32).

19 Matters relating to access requests

(1) An access request must: (a) be in the form (if any) approved by the CEO; and (b) include any information, and be accompanied by any documents, required by the CEO; and (c) certify that it includes all the information, and is accompanied by all the documents, required as mentioned in paragraph (b) that are in the possession or control of the person.

Note: The CEO is not required to make a decision on the access request if this section is not complied with (see section 197).

(2) If: (a) a person has made an access request; and (b) either of the following apply: (i) the CEO decides that the person does not meet the access criteria, or is taken to have so decided because of subsection 21(3); (ii) the person becomes a participant in the National Disability Insurance Scheme as a result of the request but the CEO subsequently decides under subsection 30(1) or (5), paragraph 30A(1)(c) or subsection 30A(7) to revoke the person’s status as such a participant; the person may make another access request at any time, unless at that time either of the following has been commenced, but not finally determined: (c) a review (the initial review) under subsection 100(5) of the CEO’s decision; (d) a review under section 103 of a decision on the initial review.

20 CEO must consider and decide access requests

(1) If a person (the prospective participant) makes an access request, the CEO must: (a) decide whether or not the prospective participant meets the access criteria; or (b) make one or more requests under subsection 26(1). (2) The CEO must do a thing referred to in paragraph (1)(a) or (b) within the following number of days of receiving the access request: (a) 21 days, unless paragraph (b) applies; (b) if the National Disability Insurance Scheme rules prescribe a lesser number of days for the purposes of this paragraph—that lesser number of days.

21 When a person meets the access criteria

(1) A person meets the access criteria if: (a) the CEO is satisfied that the person meets the age requirements (see section 22); and (b) the CEO is satisfied that, at the time of considering the request, the person meets the residence requirements (see section 23); and (c) the CEO is satisfied that, at the time of considering the request: (i) the person meets the disability requirements (see section 24); or (ii) the person meets the early intervention requirements (see section 25). (2) For the purposes of paragraph (1)(c), the CEO must separately consider and decide: (a) whether or not the prospective participant meets the disability requirements; and (b) whether or not the prospective participant meets the early intervention requirements. (3) The CEO is taken to have decided that the prospective participant does not meet the access criteria if: (a) the CEO does not do a thing referred to in paragraph 20(1)(a) or (b) within the period applicable under section 20; or (b) if subsection 26(2) applies—the CEO does not do one of the things referred to in that subsection within the 14‑day period referred to in that subsection.

Note: Notice of a decision that the CEO is taken to have made must be given because of subsection 100(1) and will be automatically reviewed because of subsection 100(5).

22 Age requirements

A person meets the age requirements if the person was aged under 65 when the access request in relation to the person was made.

23 Residence requirements

(1) A person meets the residence requirements if the person: (a) resides in Australia; and (b) is one of the following: (i) an Australian citizen; (ii) the holder of a permanent visa; (iii) a special category visa holder who is a protected SCV holder. (2) In deciding whether or not a person resides in Australia, regard must be had to: (a) the nature of the accommodation used by the person in Australia; and (b) the nature and extent of the family relationships the person has in Australia; and (c) the nature and extent of the person’s employment, business or financial ties with Australia; and (d) the nature and extent of the person’s assets located in Australia; and (e) the frequency and duration of the person’s travel outside Australia; and (f) any other matter relevant to determining whether the person intends to remain permanently in Australia.

24 Disability requirements

(1) A person meets the disability requirements if: (a) the person has a disability that is attributable to one or more intellectual, cognitive, neurological, sensory or physical impairments or the person has one or more impairments to which a psychosocial disability is attributable; and (b) the impairment or impairments are, or are likely to be, permanent; and (c) the impairment or impairments result in substantially reduced functional capacity to undertake one or more of the following activities: (i) communication; (ii) social interaction; (iii) learning; (iv) mobility; (v) self‑care; (vi) self‑management; and (d) the impairment or impairments affect the person’s capacity for social or economic participation; and (e) the person is likely to require NDIS supports under the National Disability Insurance Scheme for the person’s lifetime. (2) For the purposes of subsection (1), an impairment or impairments that vary in intensity may be permanent, and the person is likely to require NDIS supports under the National Disability Insurance Scheme for the person’s lifetime, despite the variation. (3) For the purposes of subsection (1), an impairment or impairments that are episodic or fluctuating may be taken to be permanent, and the person may be taken to be likely to require NDIS supports under the National Disability Insurance Scheme for the person’s lifetime, despite the episodic or fluctuating nature of the impairments. (4) Subsection (3) does not limit subsection (2).

Note 1: The time at which a requirement in this section needs to be met is the time the matter falls to be determined. For an access request, that time is the time of considering the request (see paragraph 21(1)(c)).

Note 2: National Disability Insurance Scheme rules may be made in relation to this section under subsection 27(1).

25 Early intervention requirements

(1) A person meets the early intervention requirements if: (a) the person: (i) has one or more identified intellectual, cognitive, neurological, sensory or physical impairments that are, or are likely to be, permanent; or (ii) has one or more identified impairments to which a psychosocial disability is attributable and that are, or are likely to be, permanent; or (iii) is a child who has developmental delay; and (b) the CEO is satisfied that provision of early intervention supports for the person is likely to benefit the person by reducing the person’s future needs for supports in relation to disability; and (c) the CEO is satisfied that provision of early intervention supports for the person is likely to benefit the person by: (i) mitigating or alleviating the impact of the person’s impairment upon the functional capacity of the person to undertake communication, social interaction, learning, mobility, self‑care or self‑management; or (ii) preventing the deterioration of such functional capacity; or (iii) improving such functional capacity; or (iv) strengthening the sustainability of informal supports available to the person, including through building the capacity of the person’s carer; and (d) the CEO is satisfied any early intervention supports that would be likely to benefit the person as mentioned in paragraphs (b) and (c) would be NDIS supports for the person.

Note: In certain circumstances, a person with a degenerative condition could meet the early intervention requirements and therefore become a participant.

(1A) For the purposes of subparagraph (1)(a)(i) or (ii), an impairment or impairments that are episodic or fluctuating may be taken to be permanent despite the episodic or fluctuating nature of the impairments. (2) The CEO is taken to be satisfied as mentioned in paragraphs (1)(b) and (c) if one or more of the person’s impairments are prescribed by the National Disability Insurance Scheme rules for the purposes of this subsection.

Note 1: The time at which a requirement in this section needs to be met is the time the matter falls to be determined. For an access request, that time is the time of considering the request (see paragraph 21(1)(c)).

Note 2: National Disability Insurance Scheme rules may be made in relation to this section under subsection 27(1).

26 Requests that the CEO may make

(1) The requests the CEO may make under this subsection after a prospective participant has made an access request (see paragraph 20(1)(b)) are as follows: (a) that the prospective participant, or another person, provide information that is reasonably necessary for deciding whether or not the prospective participant meets the access criteria; (b) that the prospective participant do either or both of the following: (i) undergo an assessment and provide to the CEO the report, in the approved form, of the person who conducts the assessment; (ii) undergo, whether or not at a particular place, a medical, psychiatric, psychological or other examination, conducted by an appropriately qualified person, and provide to the CEO the report, in the approved form, of the person who conducts the examination. (2) If: (a) information or one or more reports are requested under subsection (1); and (b) the information and each such report are received by the CEO within 90 days, or such longer period as is specified in the request, after that information or report is requested; the CEO must, within 14 days after the last information or report is received: (c) decide whether or not the prospective participant meets the access criteria; or (d) make a further request under subsection (1). (3) If: (a) information or one or more reports are requested under subsection (1); and (b) the information and each such report are not received by the CEO within 90 days, or such longer period as is specified in the request, after that information or report is requested; the prospective participant is taken to have withdrawn the access request, unless the CEO is satisfied that it was reasonable for the prospective participant, or the other person mentioned in paragraph (1)(a), not to have complied with the request made by the CEO within that period.

27 National Disability Insurance Scheme rules relating to disability requirements and early intervention requirements

(1) The National Disability Insurance Scheme rules may make provision for determining any matter for the purposes of section 24 (disability requirements) or 25 (early intervention requirements). (2) Without limiting subsection (1), National Disability Insurance Scheme rules made for the purposes of that subsection may prescribe: (a) methods or criteria to be applied, or matters that may, must or must not be taken into account, for the purposes of either of those sections; or (b) circumstances in which a matter relevant to the application of either of those sections is taken to exist or to not exist in relation to a person.

28 When a person becomes a participant

(1) A person becomes a participant in the National Disability Insurance Scheme on the day the CEO decides that the person meets the access criteria. (2) The CEO must give written notice of the decision to the participant, stating: (a) the date on which the person became a participant; and (b) whichever of the following applies: (i) that the CEO is satisfied the participant meets the early intervention requirements; (ii) that the CEO is satisfied the participant meets the disability requirements; (iii) that the CEO is satisfied the participant meets both the early intervention requirements and the disability requirements.

29 When a person ceases to be a participant

(1) A person ceases to be a participant in the National Disability Insurance Scheme when: (a) the person dies; or (b) the person commences accessing ongoing funded aged care services on a permanent basis, other than under a specialist aged care program, and this first occurs only after the person turns 65 years of age; or (c) the person’s status as a participant is revoked under subsection 30(1) or (5), paragraph 30A(1)(c) or subsection 30A(7); or (d) the person notifies the CEO in writing that he or she no longer wishes to be a participant. (2) A person is not entitled to be paid NDIS amounts so far as the amounts relate to supports that are acquired or provided after the person ceases to be a participant. (3) The National Disability Insurance Scheme rules may specify circumstances in which specified supports are taken for the purposes of subsection (2) to be, or not to be, acquired or provided after the person ceases to be a participant.

30 Revocation of participant status

Circumstances in which participant status may be revoked (1) The CEO may revoke a person’s status as a participant in the National Disability Insurance Scheme if: (a) the CEO is satisfied that the person does not meet the residence requirements (see section 23); or (b) the CEO is satisfied that the person does not meet at least one of the following: (i) the disability requirements (see section 24); (ii) the early intervention requirements (see section 25). Requesting information and reports (2) If the CEO is considering revoking a participant’s status as a participant in the National Disability Insurance Scheme under subsection (1), the CEO may make one or more requests under subsection (3) for the purposes of deciding whether or not to do so. (3) The requests the CEO may make under this subsection are as follows: (a) that the participant, or another person, provide information that is reasonably necessary for deciding whether or not to revoke the participant’s status as a participant in the National Disability Insurance Scheme; (b) subject to subsection (3A), that the participant do either or both of the following: (i) undergo an assessment and provide to the CEO the report, in the approved form, of the person who conducts the assessment; (ii) undergo, whether or not at a particular place, a medical, psychiatric, psychological or other examination, conducted by an appropriately qualified person, and provide to the CEO the report, in the approved form, of the person who conducts the examination. (3AA) A request under subsection (3) must be made in writing.

Note: A request may be rescinded or varied under subsection 33(3) of the Acts Interpretation Act 1901.

(3A) The CEO must not request that the participant undergo an assessment under subparagraph (3)(b)(i) or an examination under subparagraph (3)(b)(ii) unless the CEO is satisfied that the report of the assessment or examination would provide information that the CEO cannot otherwise reasonably obtain. (4) If: (a) information or one or more reports are requested under subsection (3); and (b) the information and each such report are received by the CEO within 90 days, or such longer period as is specified in the request, after that information or report is requested; the CEO must: (c) decide whether or not to revoke the participant’s status as a participant in the National Disability Insurance Scheme; or (d) make a further request under subsection (3). (5) If: (a) information or one or more reports are requested under subsection (3); and (b) the information and each such report are not received by the CEO within 90 days, or such longer period as is specified in the request, after that information or report is requested; the CEO may revoke the participant’s status as a participant in the National Disability Insurance Scheme. (6) However, the CEO must not revoke the participant’s status as a participant in the National Disability Insurance Scheme under subsection (5) if the CEO is satisfied that it was reasonable for the participant, or the other person mentioned in paragraph (3)(a), not to have complied with the request made by the CEO within that period. (6A) In deciding for the purposes of subsection (6) whether or not it was reasonable for a participant or other person not to have complied with a request within a particular period, the CEO must have regard to the following matters: (a) the length of that period; (b) any previous failures by the participant to comply with a request for information made under this Act; (c) any previous failures by the other person to comply with a request for information made under this Act in relation to the participant; (d) the length of time since the CEO was last provided with information relevant to the decision whether or not to revoke the participant’s status as a participant; (e) whether the failure to comply with the request was beyond the control of the participant or other person because of a delay in the provision of information to the participant or other person; (f) any matters prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph; (g) any other matters the CEO considers relevant. Notice of decisions (7) The CEO must give the participant written notice of a revocation under subsection (1) or (5), stating the date on which the revocation takes effect. Section 30A does not limit this section (8) Section 30A does not limit this section.

30A Requirement to consider status of certain participants

Circumstances in which CEO must consider participant’s status (1) If a circumstance prescribed by the National Disability Insurance Scheme rules for the purposes of this subsection applies in relation to a participant, the CEO must: (a) decide whether or not the participant meets the early intervention requirements; and (b) if the CEO decides under paragraph (a) that the participant does not meet the early intervention requirements—decide whether or not the participant meets the disability requirements; and (c) if the CEO decides under paragraph (b) that the participant does not meet the disability requirements—revoke the participant’s status as a participant in the National Disability Insurance Scheme. (2) The National Disability Insurance Scheme rules may prescribe requirements with which the CEO must comply, criteria that the CEO is to apply, or matters to which the CEO may, must or must not have regard, in making a decision under subsection (1). (3) Any such rules apply in addition to, and not instead of, National Disability Insurance Scheme rules prescribed for the purposes of subsection 27(1). Requesting information and reports (4) The CEO may make one or more requests under subsection (5) for the purposes of making a decision under subsection (1). (5) The requests the CEO may make under this subsection are as follows: (a) that the participant, or another person, provide information that is reasonably necessary for making the decision; (b) subject to subsection (5A), that the participant do either or both of the following: (i) undergo an assessment and provide to the CEO the report, in the approved form, of the person who conducts the assessment; (ii) undergo, whether or not at a particular place, a medical, psychiatric, psychological or other examination, conducted by an appropriately qualified person, and provide to the CEO the report, in the approved form, of the person who conducts the examination. (5AA) A request under subsection (5) must be made in writing.

Note: A request may be rescinded or varied under subsection 33(3) of the Acts Interpretation Act 1901.

(5A) The CEO must not request that the participant undergo an assessment under subparagraph (5)(b)(i) or an examination under subparagraph (5)(b)(ii) unless the CEO is satisfied that the report of the assessment or examination would provide information that the CEO cannot otherwise reasonably obtain. (6) If: (a) information or one or more reports are requested under subsection (5); and (b) the information and each such report are received by the CEO within 90 days, or such longer period as is specified in the request, after that information or report is requested; the CEO must, within 14 days after the last information or report is received: (c) make the decision under subsection (1); or (d) make a further request under subsection (5). (7) If: (a) information or one or more reports are requested under subsection (5); and (b) the information and each such report are not received by the CEO within 90 days, or such longer period as is specified in the request, after that information or report is requested; the CEO must revoke the participant’s status as a participant in the National Disability Insurance Scheme, unless the CEO is satisfied that it was reasonable for the participant, or the other person mentioned in paragraph (5)(a), not to have complied with the request made by the CEO within that period. (7A) In deciding for the purposes of subsection (7) whether or not it was reasonable for a participant or other person not to have complied with a request within a particular period, the CEO must have regard to the following matters: (a) the length of that period; (b) any previous failures by the participant to comply with a request for information made under this Act; (c) any previous failures by the other person to comply with a request for information made under this Act in relation to the participant; (d) the length of time since the CEO was last provided with information relevant to the making of the decision under subsection (1); (e) whether the failure to comply with the request was beyond the control of the participant or other person because of a delay in the provision of information to the participant or other person; (f) any matters prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph; (g) any other matters the CEO considers relevant. Notice of decisions (8) The CEO must give a participant written notice of the following: (a) a decision of the CEO that the circumstance mentioned in subsection (1) applies in relation to the participant; (b) a decision under paragraph (1)(a) or (b) in relation to the participant; (c) a decision under paragraph (1)(c) or subsection (7) to revoke the participant’s status as a participant in the National Disability Insurance Scheme. (9) The notice must state: (a) any details prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph; and (b) if paragraph (8)(c) applies—the date on which the revocation takes effect.