181DCommissioner’s functions and powers

#### 181D Commissioner’s functions and powers (1) The Commissioner has the following functions: (a) the core functions; (b) the registration and reportable incident functions; (c) the complaints functions; (d) the behaviour support function; (e) such other functions that are conferred on the Commissioner by or under this Act or any other law of the Commonwealth; (f) to do anything incidental or conducive to the performance of any of the above functions. (2) The Commissioner may, by notifiable instrument, make guidelines relating to the performance of any of the functions mentioned in subsection (1). (3) In performing his or her functions, the Commissioner may: (a) consult and cooperate with other persons, organisations and governments on matters relating to those functions; and (b) consult and cooperate with other persons, organisations and governments on matters relating to the determination of the rights and interests of people receiving, or eligible to receive, supports or services under the National Disability Insurance Scheme; and (c) consult persons and groups with an interest in the supports or services provided under the National Disability Insurance Scheme; and (d) have regard to the interests and needs of persons receiving, or eligible to receive, supports or services under the National Disability Insurance Scheme. (3A) In performing his or her functions, the Commissioner must acknowledge, recognise and respect the role of advocates (including independent advocates) in representing the interests of people with disability. (3B) In performing his or her functions, the Commissioner must have due regard to procedural fairness. (4) In performing his or her functions, the Commissioner must use his or her best endeavours to: (a) provide opportunities for people with disability to participate in matters that relate to them and to take into consideration the wishes and views of people with disability in relation to those matters; and (b) conduct compliance and enforcement activities in a risk responsive and proportionate manner; and (c) support and maintain a diverse and sustainable NDIS market. (5) The Commissioner has power to do all things necessary or convenient to be done for or in connection with the performance of his or her functions.