209The National Disability Insurance Scheme rules

209 The National Disability Insurance Scheme rules

(1) The Minister may, by legislative instrument, make rules called the National Disability Insurance Scheme rules prescribing matters: (a) required or permitted by this Act to be prescribed by the National Disability Insurance Scheme rules; or (b) necessary or convenient to be prescribed in order to carry out or give effect to this Act.

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

(1A) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, rules made for the purposes of subsection (1) of this section: (a) may be of general application or may be limited as provided in the rules; and (b) may make different provision in relation to different kinds of providers, supports, services, circumstances or any other matter. (2) Despite subsection 14(2) of the Legislation Act 2003, National Disability Insurance Scheme rules may make provision for or in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time. (2A) The National Disability Insurance Scheme rules may provide for: (a) the CEO to specify assessment tools; and (b) the circumstances in which the CEO is to use the tools; and (c) matters relating to how the Agency, the CEO and other specified persons are to engage with participants or prospective participants; and (d) matters relating to how participants or prospective participants are to engage with the Agency, the CEO and other specified persons. (3) When making National Disability Insurance Scheme rules, the Minister must have regard to: (a) the objects and principles of this Act; and (b) the need to ensure the financial sustainability of the National Disability Insurance Scheme. (4) The Minister must not make Category A National Disability Insurance Scheme rules unless the Commonwealth and each host jurisdiction have agreed to the making of the rules. (5) The Minister must not make Category B National Disability Insurance Scheme rules relating to an area, law or program of a host jurisdiction unless the host jurisdiction has agreed to the making of the rules. (6) The Minister must not make Category C National Disability Insurance Scheme rules unless the Commonwealth and a majority of host jurisdictions have agreed to the making of the rules. (6A) A failure to comply with subsection (4), (5) or (6) does not invalidate the making of National Disability Insurance Scheme rules if the Minister reasonably believed, when making those rules: (a) for Category A National Disability Insurance Scheme rules: (i) that sections 209A, 209B and 209C, as applicable, were complied with in relation to the making of the rules; and (ii) that each host jurisdiction had agreed to the making of the rules; or (b) for Category B National Disability Insurance Scheme rules relating to an area, law or program of a host jurisdiction: (i) that section 209D was complied with in relation to the making of the rules; and (ii) that the host jurisdiction had agreed to the making of the rules; or (c) for Category C National Disability Insurance Scheme rules: (i) that section 209D was complied with in relation to the making of the rules; and (ii) that the Commonwealth and a majority of host jurisdictions had agreed to the making of the rules. (7) The Minister must not make Category D National Disability Insurance Scheme rules unless each host jurisdiction has been consulted in relation to the making of the rules. (8) The following table sets out the categories of National Disability Insurance Scheme rules for the purposes of this section.