National Disability Insurance Scheme (Becoming a Participant) Rules 2016
made under sections 22, 23, 25, 27 and 209 of the
National Disability Insurance Scheme Act 2013
Compilation No. 4
Compilation date: 27 February 2018
Includes amendments up to: National Disability Insurance Scheme (Becoming a Participant) Amendment Rules 2018 - F2018L00148
About this compilation
This compilation
This is a compilation of the National Disability Insurance Scheme (Becoming a Participant) Rules 2016 that shows the text of the law as amended and in force on 27 February 2018 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
National Disability Insurance Scheme (Becoming a Participant) Rules 2016
1.1 The NDIS is being implemented nationally, to enable persons seeking to become participants to be transitioned into the scheme, in accordance with the additional access requirements set out in in this Instrument.
1.2 This Instrument provides rules about becoming a participant in the NDIS, which is part of the process towards developing a personal goal-based plan, which may provide for supports for participants in the NDIS.
1.3 The Act sets out a number of objects and principles for the NDIS. The following are particularly relevant to this Instrument:
Objects
(a) to provide reasonable and necessary supports, including early intervention supports, for participants in the NDIS;
(b) to facilitate the development of a nationally consistent approach to the access to, and the planning and funding of, supports for people with disability;
Principles
(c) people with disability should be supported to participate in and contribute to social and economic life to the extent of their ability;
(d) 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;
(e) people with disability should be supported to receive reasonable and necessary supports, including early intervention supports.
Part 2 Outline of these Rules
2.1 A person, or someone who is able to act on their behalf, may make a request under the Act to become a participant in the NDIS (an access request). Once a person becomes a participant, they can develop a personal goal-based plan which may provide for supports for the participant. A number of principles apply in relation to the preparation and management of a participant's plan, which are set out in section 31 of the Act.
2.2 This Instrument assists the CEO to determine who becomes a participant. Separate rules determine reasonable and necessary supports that a person may get, including support in the nature of early intervention.
2.3 A person becomes a participant in the NDIS on the day the CEO of the Agency decides they meet the access criteria.
2.4 A person meets the access criteria if the CEO is satisfied that they meet each of the following, as they apply in the area in which the person resides:
(a) the age requirements (see Part 3);
(b) the residence requirements (see Part 4);
(c) either the disability requirements or the early intervention requirements (see Parts 5 and 6).
2.5 Generally speaking:
(a) a person will meet the disability requirements if they have a disability that is attributable to an impairment that is permanent or likely to be permanent and that results in substantially reduced functional capacity;
(b) alternatively, a person can access the NDIS through the early intervention requirements without having substantially reduced functional capacity. Instead, the early intervention requirements consider the likely trajectory and impact of a person's impairment over time and the potential benefits of early intervention on the impact of the impairment on the person's functional capacity. The CEO may consider a range of evidence in deciding the potential benefit of early intervention on a person's impairment. The CEO may consider existing evidence or information from an individual or their family or carer. Where a young child has an impairment resulting in developmental delay, or resulting from a condition on a list published by the CEO for which the benefits of early intervention have already been established, no further evidence of the benefit of early intervention supports to the child is required to meet the early intervention requirements. A young child or other person can still meet the early intervention requirements without having one of these conditions, provided there is evidence that the requirements are satisfied.
2.6 Part 7 deals with the use of assessment tools in assessing whether a person meets the disability requirements or the early intervention requirements.
2.7 Part 8 deals with other matters, including interpretation of this Instrument.
The above summarises aspects of Part 1 of Chapter 3 of the Act.
What happens once a person has become a participant
2.8 Once a person has become a participant, their plans will be prepared in accordance with the Act and relevant rules made under section 32A of the Act. The participant’s supports, if any, will be determined in accordance with the Act and the National Disability Insurance Scheme (Supports for Participants) Rules 2013. Where necessary, decisions under the Act (e.g. about supports) will be made with a nominee or a child's representatives (see the National Disability Insurance Scheme (Nominees) Rules 2013 and the National Disability Insurance Scheme (Children) Rules 2013).
Part 3 When does a person meet the age requirements?
3.1 Generally, a person meets the age requirements if the person was aged from birth up to 65 when the access request in relation to the person was made.
This summarises paragraph 22(1)(a) of the Act.
3.2 However, additional age requirements apply, as set out in Schedule A to this Instrument.
3.3. Additional age requirements do not apply to a person who, on 1 July 2016, resides in Tasmania and is accessing Tasmanian funded Supported Accommodation.
Part 4 When does a person meet the residence requirements?
4.1 A person meets the residence requirements if they:
(a) reside in Australia; and
(b) are either an Australian citizen, the holder of a permanent visa, or a special category visa holder who is a protected SCV holder; and
(c) meet the additional residence requirements—see paragraphs 4.3 to 4.6.
Paragraphs 4.1(a) and (b) summarise paragraphs 23(1)(a) and (b) of the Act. (A range of factors are relevant to whether a person resides in Australia: see subsection 23(2) of the Act). Paragraph 4.1(c) is made for the purposes of paragraph 23(1)(c) of the Act.
4.2 The residence requirements in paragraphs 4.1(a) and (b) apply when a person seeks to become a participant in the NDIS, and continue to apply after the person becomes a participant. If a person stops meeting these residence requirements, their status as a participant in the NDIS can be revoked.
This summarises paragraph 30(1)(a) of the Act.
The additional residence requirements – general
4.3 Schedule A sets out when a person meets the additional residence requirements by virtue of residence.
4.4 Despite paragraph 4.3, a child also meets the additional residence requirements if:
(a) at least one of the child’s birth parents who cares for that child resides in an NDIS area set out in Schedule A on or after the relevant date specified in Schedule A; or
(b) the child comes to be in the care of a person who has ongoing parental responsibility for that child and who resides in an NDIS area set out in Schedule A on or after the relevant date specified in Schedule A; or
(c) in the case of a child whose parents are separated and who spends time with each parent, at least one of the child’s parents resides in an NDIS area set out in Schedule A on or after the relevant date specified in Schedule A.
4.5 Additional residence requirements do not apply to a person who on or after 1 July 2016 resides in Victoria and is on the list provided by the Victorian Government to the CEO that will comprise:
(a) persons on the Victorian Disability Support Register who have been assessed by the Victorian Government as requiring an urgent need for support; or
(b) children on the Early Childhood Intervention Service Waitlist administered by the Victorian Government.
The additional residence requirements – Western Australia
4.6 A person meets the additional residence requirements if, on or after 1 December 2017, they are an Existing WA NDIS Participant.
Note: Existing WA NDIS Participant is defined in paragraph 8.4 of this Instrument.
Part 5 When does a person meet the disability requirements?
5.1 The Act sets out when a person meets the disability requirements. The requirements are met if:
(a) the person has a disability that is attributable to one or more intellectual, cognitive, neurological, sensory or physical impairments, or to one or more impairments attributable to a psychiatric condition; and
(b) the person’s impairment or impairments are, or are likely to be, permanent (see paragraphs 5.4 to 5.7); and
(c) the impairment or impairments result in substantially reduced functional capacity to undertake, or psychosocial functioning in undertaking, one or more of the following activities: communication, social interaction, learning, mobility, self-care, self-management (see paragraph 5.8); and
(d) the impairment or impairments affect the person’s capacity for social and economic participation; and
(e) the person is likely to require support under the NDIS for the person’s lifetime.
5.2 In relation to the above, an impairment that varies in intensity (for example because the impairment is of a chronic episodic nature) may be permanent, and the person is likely to require support under the NDIS for the person's lifetime, despite the variation.
Paragraphs 5.1 and 5.2 summarise section 24 of the Act.
5.3 This Part sets out rules relating to some of the elements in paragraph 5.1 above, however, in order to meet the disability requirements, all of the requirements in that paragraph need to be satisfied.
When is an impairment permanent or likely to be permanent for the disability requirements?
5.4 An impairment is, or is likely to be, permanent (see paragraph 5.1(b)) only if there are no known, available and appropriate evidence-based clinical, medical or other treatments that would be likely to remedy the impairment.
5.5 An impairment may be permanent notwithstanding that the severity of its impact on the functional capacity of the person may fluctuate or there are prospects that the severity of the impact of the impairment on the person's functional capacity, including their psychosocial functioning, may improve.
5.6 An impairment may require medical treatment and review before a determination can be made about whether the impairment is permanent or likely to be permanent. The impairment is, or is likely to be, permanent only if the impairment does not require further medical treatment or review in order for its permanency or likely permanency to be demonstrated (even though the impairment may continue to be treated and reviewed after this has been demonstrated).
5.7 If an impairment is of a degenerative nature, the impairment is, or is likely to be, permanent if medical or other treatment would not, or would be unlikely to, improve the condition.
Paragraphs 5.4 to 5.7 are made for the purposes of paragraph 27(a) of the Act.
When does an impairment result in substantially reduced functional capacity to undertake relevant activities?
5.8 An impairment results in substantially reduced functional capacity of a person to undertake one or more of the relevant activities—communication, social interaction, learning, mobility, self-care, self-management (see paragraph 5.1(c))—if its result is that:
(a) the person is unable to participate effectively or completely in the activity, or to perform tasks or actions required to undertake or participate effectively or completely in the activity, without assistive technology, equipment (other than commonly used items such as glasses) or home modifications; or
(b) the person usually requires assistance (including physical assistance, guidance, supervision or prompting) from other people to participate in the activity or to perform tasks or actions required to undertake or participate in the activity; or
(c) the person is unable to participate in the activity or to perform tasks or actions required to undertake or participate in the activity, even with assistive technology, equipment, home modifications or assistance from another person.
Paragraph 5.8 is made for the purposes of paragraph 27(b) of the Act.
Part 6 When does a person meet the early intervention requirements?
6.1 A person does not meet the early intervention requirements if the CEO is satisfied that early intervention support for the person is more appropriately funded or provided through another service system (service systems is defined in paragraph 8.4) rather than the NDIS.
6.2 However, 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 (see paragraphs 6.4 to 6.7); or
(ii) has one or more identified impairments that are attributable to a psychiatric condition and are, or are likely to be, permanent (see paragraphs 6.4 to 6.7); 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 (see paragraphs 6.8 to 6.11); 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 (see paragraphs 6.8 to 6.11).
Paragraph 6.1 summarises subsection 25(3) of the Act. Paragraph 6.2 summarises subsection 25(1) of the Act.
6.3 This Part sets out rules relating to some of the elements in paragraph 6.2 above, however, in order to meet the early intervention requirements, all of the requirements in that paragraph need to be satisfied.
When is an impairment permanent or likely to be permanent for the early intervention requirements?
6.4 An impairment is, or is likely to be, permanent (see paragraphs 6.2(a)(i) and (ii)) only if there are no known, available and appropriate evidence-based clinical, medical or other treatments that would be likely to remedy the impairment.
6.5 An impairment may be permanent notwithstanding that the severity of its impact on the functional capacity of the person may fluctuate or there are prospects that the severity of the impact of the impairment on the person's functional capacity may improve.
6.6 An impairment may require medical treatment and review before a determination can be made about whether the impairment is permanent or likely to be permanent. The impairment is, or is likely to be, permanent only if the impairment does not require further medical treatment or review in order for its permanency or likely permanency to be demonstrated (even though the impairment may continue to be treated and reviewed after this has been demonstrated).
6.7 If an impairment is of a degenerative nature, the impairment is, or is likely to be, permanent if medical or other treatment would not, or would be unlikely to, improve the condition.
Paragraphs 6.4 to 6.7 are made for the purposes of paragraph 27(a) of the Act.
Deciding whether provision of early intervention supports is likely to benefit the person
6.8 Where paragraph 6.2(a) applies to a person, the main way in which the CEO can determine whether the provision of early intervention supports is likely to benefit the person in the ways set out in paragraphs 6.2(b) and (c) above is to consider evidence going to those matters, as indicated in paragraph 6.9 below. However, young children who have an impairment resulting in developmental delay (see paragraph 6.10) or resulting from a particular condition (see paragraph 6.11) will not need to provide further evidence of the matters in paragraphs 6.2(b) and (c).
Paragraph 6.8 is made for the purposes of paragraph 27(d) of the Act.
Where evidence is required
6.9 In deciding whether provision of early intervention supports is likely to benefit the person in the ways mentioned in paragraphs 6.2(b) and (c) above, it is expected that the CEO would consider:
(a) the likely trajectory and impact of the person's impairment over time; and
(b) the potential benefits of early intervention on the impact of the impairment on the person's functional capacity and in reducing their future needs for supports; and
(c) evidence from a range of sources, such as information provided by the person with disability or their family members or carers. The CEO may also in some cases seek expert opinion.
Paragraph 6.9 is made for the purposes of paragraph 27(d) of the Act. It does not compel the CEO to take the actions mentioned in that paragraph in any particular instance.
Early intervention in early childhood
6.10 The CEO is taken to be satisfied that provision of early intervention supports for a child under the age of 6 is likely to benefit the child in the ways mentioned in paragraphs 6.2(b) and (c) above if one or more of the child's impairments is a mental or physical impairment which, by itself or in combination with other mental or physical impairments, results in developmental delay.
Note: Developmental delay is defined in section 9 of the Act as a delay in the development of a child under 6 years of age that:
Note: (a) is attributable to a mental or physical impairment or a combination of mental and physical impairments; and
Note: (b) results in substantial reduction in functional capacity in one or more of the following areas of major life activity:
Note: (i) self-care;
Note: (ii) receptive and expressive language;
Note: (iii) cognitive development;
Note: (iv) motor development; and
Note: (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.
6.11 The provision of early intervention supports is likely to benefit a child aged 6 or under in the ways mentioned in paragraphs 6.2(b) and (c) above in the circumstance that one or more of the child's impairments results from a condition which is on a list of conditions published by the CEO for which evidence has established that early intervention supports will have these benefits.
Paragraph 6.10 is made for the purposes of subsection 25(2) of the Act. Paragraph 6.11 is made for the purposes of paragraphs 27(d), (e) and (f) of the Act.
Part 7 Assessing whether a person meets the disability or early intervention requirements
7.1 In deciding whether a prospective participant meets the disability requirements or the early intervention requirements, the CEO may, if the CEO considers it appropriate, conduct an assessment, which is to be done using an assessment tool specified in operational guidelines in accordance with this Part from time to time.
Specification of assessment tools in guidelines
7.2 The CEO may specify, in operational guidelines, assessment tools that may be used for the purposes of deciding whether a person meets the disability requirements or the early intervention requirements.
7.3 A tool specified under paragraph 7.2 may be the same as a tool specified under paragraph 4.4 of the National Disability Insurance Scheme (Supports for Participants) Rules 2013.
7.4 Without limitation, the CEO may specify:
(a) different tools to be used for adults and children; and
(b) tools that are specifically tailored to particular impairments.
7.5 A tool must:
(a) be designed to ensure the fair and transparent assessment of whether a person meets the disability requirements or the early intervention requirements; and
(b) have reference to areas of activity and social and economic participation identified in the World Health Organisation International Classification of Functions, Disability and Health as in force from time to time.
This Part is made for the purposes of subsection 209(2A) of the Act.
Part 8 Other matters
Citation
8.1 This Instrument may be cited as the National Disability Insurance Scheme (Becoming a Participant) Rules 2016.
Interpretation
8.2 This Instrument includes text that summarises provisions of the Act. The boxed notes identify such text, which does not form an operative part of this Instrument.
8.3 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 are identified or reproduced in paragraph 8.4.
8.4 In this Instrument:
2013 NDIS launch area means:
(a) South Australia;
(b) Tasmania;
(c) the areas that comprise the following municipal districts of Victoria as at
1 July 2013:
(i) Colac-Otway Shire;
(ii) City of Greater Geelong;
(iii) Borough of Queenscliffe;
(iv) Surf Coast Shire;
(d) the areas that comprise the following areas of New South Wales constituted under the Local Government Act 1993 (NSW) as at 1 July 2013:
(i) Lake Macquarie City;
(ii) Maitland City;
(iii) Newcastle City.
2014 NDIS launch area means:
(a) the areas that comprise the following districts of Western Australia declared under section 2.1 of the Local Government Act 1995 (WA) as at 1 July 2014 (those areas, together, are known for the purposes of this Instrument as Perth Hills):
(i) Shire of Kalamunda;
(ii) Shire of Mundaring;
(iii) City of Swan;
(b) the area that comprises the Barkly Region in the Northern Territory as defined under section 9 of the Local Government Act (NT) as at 1 July 2014 (that area is known for the purposes of this Instrument as the Barkly Region);
(c) the Australian Capital Territory.
Note: reference to the Australian Capital Territory in this Instrument does not include the Jervis Bay Territory.
2015 NDIS early transition area means:
(a) the areas that comprise the following areas of New South Wales constituted under the Local Government Act 1993 (NSW) as at 1 July 2015:
(i) City of Blue Mountains;
(ii) City of Hawkesbury;
(iii) City of Lithgow;
(iv) City of Penrith.
Act means the National Disability Insurance Scheme Act 2013.
Agencysee section 9 of the Act.
CEOsee section 9 of the Act.
childsee section 9 of the Act.
Existing WA NDIS Participant means a person who:
(a) is a participant of the WA NDIS Model (whether or not that participant already has a plan prepared in accordance with the Disability Services Commission’s requirements); and
(b) resides, or resided at any time on or after 1 July 2014, in the area of Western Australia that comprises any of the following:
(i) Kimberley-Pilbara service region;
(ii) South Metro service region;
(iii) Augusta-Margaret River, Boyup Brook, Bridgetown-Greenbushes, Busselton, Donnybrook-Balingup, Manjimup, and Nannup districts of the South West service region;
(iv) Central South Metro service region;
(v) Wheatbelt service region; or
(vi) North East Metro service region.
Note: The Disability Services Commission is established under the Disability Services Act 1993 (WA) and in the context of the WA NDIS Model, a ‘participant’ is a participant under that Act.
Instrument (or Rules) means these National Disability Insurance Scheme (Becoming a Participant) Rules 2016.
NDIS means the National Disability Insurance Scheme (see section 9 of the Act).
NDIS areas means the NDIS launch areas, NDIS early transition areas and NDIS areas specified in Schedule A to this Instrument.
NDIS launch area means the 2013 NDIS launch areas, together with the 2014 NDIS launch areas, and the 2015 NDIS launch areas.
NDIS rules means the National Disability Insurance Scheme rules (see section 9 of the Act).
parental responsibilitysee section 9 of the Act.
participantsee section 9 of the Act.
service systems means general systems of service delivery or support services offered by a person, agency or body, or systems of service delivery or support services offered:
(a) as part of a universal service obligation; or
(b) in accordance with reasonable adjustments required under a law dealing with discrimination on the basis of disability.
Victorian Government means the State of Victoria.
WA NDIS Model means the disability supports and services model designed to mirror the NDIS, funded or administered by the Department of Communities representing the State of Western Australia.
Schedule A – Additional age and residence requirements
South Australia
For persons who reside in South Australia, additional age and residence requirements apply as set out below. The Districts referred to in column 1 below have the meaning set out in Schedule B.
The effect of this table is that:
• Any person under the age of 15 who resides anywhere in South Australia will meet the additional age and residence requirements from 1 January 2016.
• Any person who will be under the age of 18 on 1 January 2017 and who resides anywhere in South Australia will meet the additional age and residence requirements from 1 July 2016.
• From 1 January 2017, persons who reside in the specified areas will meet both the additional age and residence requirements from the dates set out below.
A person meets the residence requirement if they reside in…
at the following time (the date mentioned in row 1 is the ‘relevant date’ for South Australia)…
The additional age requirements for the person are…
South Australia
on or after 1 January 2016.
the person is under 15 on the date the access request is made.
South Australia
on or after 1 July 2016.
the person is under 18 on 1 January 2017.
Barossa, Light and Lower North; orPlayford, Salisbury and Port Adelaide Enfield (East)
on or after 1 January 2017.
No additional age requirements (the person is under 65 on the day of the access request)
Tea Tree Gully; orLimestone Coast; orMurray and Mallee
on or after 1 April 2017.
No additional age requirements (the person is under 65 on the day of the access request)
Fleurieu and Kangaroo Island; orSouthern Adelaide; orEyre and Western; orFar North; orYorke and Mid North
on or after 1 July 2017.
No additional age requirements (the person is under 65 on the day of the access request)
Remainder of South Australia
on or after 1 October 2017.
No additional age requirements (the person is under 65 on the day of the access request)
Tasmania
A person meets the additional residence requirements if they reside in Tasmania on or after the commencement of these Rules. The ‘relevant date’ for Tasmania is the day on which these Rules commence.
For persons who reside in Tasmania there are additional age requirements that apply in the periods set out below. There is a single exception in that the additional age requirements do not apply to persons who, on 1 July 2016, reside in Tasmania and are accessing Tasmanian funded Supported Accommodation.
The effect of the below table is that the range of ages at which a person meets the additional age requirements is progressively broadened until there are no additional age requirements in Tasmania by 1 July 2018.
For an access request made on or after (or received earlier but decided on or after):
The additional age requirement is that the person be:
1 February 2016
at least 12, and under 25, on the date the access request is made.
1 July 2016
at least 12, and under 29, on the date the access request is made.
1 January 2017
at least 4, and under 29, on the date the access request is made.
1 July 2017
at least 4, and under 35, on the date the access request is made.
1 January 2018
under 50, on the date the access request is made.
1 July 2018
under 65 on the date the access request is made (no additional age requirements apply).
*No additional age requirement applies in relation to persons who, on 1 July 2016, reside in Tasmania and are accessing Tasmanian funded shared Supported Accommodation.
Queensland
For persons who reside in Queensland additional age and residence requirements apply as set out below. The effect of this table is that persons in Queensland are eligible to become participants depending on where they live and, in some cases, how old they area. Schedule B defines the boundaries of particular districts mentioned in column 1 of the table.
A person meets the residence requirement if they reside in…
at the following time (the day mentioned is the ‘relevant date’ for the area in column 1)…
The additional age requirements for the person are…
Townsville; orCharters Towers
on or after 16 March 2016
the person is under 18 on 1 April 2016 (this includes children born on or after 1 April 2016).
Palm Island
on or after 16 March 2016
no additional age requirements (the person is under 65 on the day of the access request)
Townsville Region, other than Townsville, Palm Island and Charters Towers
on or after 1 July 2016
no additional age requirements (the person is under 65 on the day of the access request)
Mackay
on or after 1 July 2016
no additional age requirements (the person is under 65 on the day of the access request)
Toowoomba
on or after 1 July 2016
no additional age requirements (the person is under 65 on the day of the access request)
Ipswich
on or after 1 January 2017
no additional age requirements (the person is under 65 on the day of the access request)
Bundaberg
on or after 1 April 2017
no additional age requirements (the person is under 65 on the day of the access request)
Rockhampton
on or after 1 July 2017
no additional age requirements (the person is under 65 on the day of the access request)
no additional age requirements (the person is under 65 on the day of the access request)
Caboolture/Strathpine; orMaroochydore
on or after 1 July 2018
no additional age requirements (the person is under 65 on the day of the access request)
From July 2016, the additional age requirements in the first row of the table cease to apply.
New South Wales
For persons who reside in New South Wales additional age and residence requirements apply as set out below. The Districts referred to in column 1 below have the meaning set out in Schedule B.
The effect of this table is that persons who reside in the specified areas will meet both the additional age and residence requirements from the dates set out.
A person meets the residence requirement if they reside in…
at the following time (the day mentioned is the ‘relevant date’ for the area in column 1)…
The additional age requirements for the person are…
Central Coast; orHunter New England; orNorthern Sydney; orSouth Western Sydney; orSouthern NSW; orWestern Sydney; orNepean Blue Mountains
on or after 1 February 2016
no additional age requirements (the person is under 65 on the day of the access request)
Remainder of New South Wales
on or after 1 January 2017
no additional age requirements (the person is under 65 on the day of the access request)
Victoria
For persons residing in Victoria additional age and residence requirements apply as set out below. The effect of this table is that persons who reside in the specified areas will meet additional age and residence requirements from the relevant dates set out. The Districts referred to in column 1 below have the meaning set out in Schedule B.
A person meets the residence requirement if they reside in…
at the following time (the day mentioned is the ‘relevant date’ for the area in column 1)…
The additional age requirements for the person are…
North Eastern Melbourne; orBarwon
on or after 1 April 2016
No additional age requirements (the person is under 65 on the day of the access request).
Central Highlands
on or after 1 July 2016
No additional age requirements (the person is under 65 on the day of the access request).
Loddon
on or after 1 November 2016
No additional age requirements (the person is under 65 on the day of the access request).
Inner Gippsland: orOvens Murray; orWestern District
on or after 1 April 2017
No additional age requirements (the person is under 65 on the day of the access request).
No additional age requirements (the person is under 65 on the day of the access request).
Hume Moreland
on or after 1 September 2017
No additional age requirements (the person is under 65 on the day of the access request).
Bayside Peninsula
on or after 1 October 2017
No additional age requirements (the person is under 65 on the day of the access request).
Southern Melbourne
on or after 1 March 2018
No additional age requirements (the person is under 65 on the day of the access request).
Brimbank Melton; orWestern Melbourne
on or after 1 April 2018
No additional age requirements (the person is under 65 on the day of the access request).
Remainder of Victoria
on or after 1 July 2018
No additional age requirements (the person is under 65 on the day of the access request).
Australian Capital Territory
A person meets the residence requirement if they reside in…
at the following time (the day mentioned is the ‘relevant date’ for the area in column 1)…
The additional age requirements for the person are…
Australian Capital Territory
on or after 1 July 2014
no additional age requirements (the person is under 65 on the day of the access request)
A person only meets the additional residence requirements if they reside in the relevant area at the time their access request is decided. For example, a person can reside in the Australian Capital Territory at any time on or after 1 July 2014, so long as they are actually residing there at the time their access request is decided.
However, if a person would meet the additional residence requirements by residing in a particular area on or after a particular date, the person also meets the additional residence requirements if they resided in that area at the time they made an access request and the access request is decided on or after the particular date.
If a person would meet the additional age requirements by being a particular age on a particular date, the person also meets the additional age requirements if they were that age at the time they made an access request and the access request is decided on or after the particular date.
Northern Territory
For persons who reside in the Northern Territory, additional residence requirements apply as set out below. The Districts referred to in column 1 below have the meanings set out in Schedule B, other than the Barkly Region, which is defined in paragraph 8.4.
The effect of this table is that persons who reside in the areas specified in column 1 will meet the additional residence requirements from the dates specified in column 2.
A person meets the additional residence requirements if they reside in…
at the following time (the day mentioned is the ‘relevant date’ for the area in column 1)…
The additional age requirements for the person are…
Barkly Region
on or after 1 July 2014
no additional age requirements (the person is under 65 on the day of the access request)
Darwin Urban supported accommodation services; orEast Arnhem
on or after 1 July 2016
no additional age requirements (the person is under 65 on the day of the access request)
Darwin Remote; orAlice Springs supported accommodation services; orKatherine
on or after 1 January 2017
no additional age requirements (the person is under 65 on the day of the access request)
Darwin urban, Alice Springs or any other part of Central Australia
on or after 1 January 2018
no additional age requirements (the person is under 65 on the day of the access request)
Western Australia
For persons who reside in Western Australia, additional residence requirements apply as set out below. The service regions and territories referred to in column 1 below are NDIS areas and are comprised of the districts and shires set out in Schedule B.
The effect of this table is that persons who reside in the areas specified in column 1 will meet the additional residence requirements from the dates specified in column 2.
A person meets the additional residence requirements if they …
at the following time (the day mentioned is the ‘relevant date’ for the area in column 1)…
The additional age requirements for the person are…
Reside in the Perth Hills NDIA trial area, namely:(i) The Kalamunda, Mundaring and Swan districts in the North East Metro service region.Note: Persons who meet the above residence requirement are “Class 1” participants for the purposes of the National Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans – Western Australia) Rules 2017.
On or after 1 July 2014
no additional age requirements
Reside in the 2017 expanded NDIA trial area, namely:(i) The Bassendean and Bayswater districts in the North East Metro service region;(ii) Chittering, Northam, Toodyay and York districts in the Wheatbelt service region.Note: Persons who meet the above residence requirement are “Class 1” participants for the purposes of the National Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans – Western Australia) Rules 2014.
On or after 1 January 2017
no additional age requirements
Reside in:(i) Kimberley-Pilbara service region;(ii) South Metro service region;(iii) Augusta-Margaret River, Boyup Brook, Bridgetown-Greenbushes, Busselton, Donnybrook-Balingup, Manjimup, and Nannup districts of the South West service region;(iv) Central South Metro service region;(v) All other districts of the Wheatbelt service region except the Chittering, Northam, Toodyay, and York districts.
on or after 1 January 2018
no additional age requirements
Reside in:(i) Goldfields-Esperance service region;(ii) North Metro service region;(iii) All other districts of the South West service region except Augusta- Margaret River, Boyup Brook, Bridgetown-Greenbushes, Busselton, Donnybrook-Balingup, Manjimup, and Nannup districts.
on or after 1 April 2018
no additional age requirements
Reside in:(i) Midwest-Gascoyne service region;(ii) Great Southern service region;(iii) Central North Metro service region;(iv) South East Metro service region.
on or after 1 January 2019
no additional age requirements
Reside in:(i) Christmas Island territory;(ii) Cocos (Keeling) Islands territory.
on or after 1 January 2020
no additional age requirements
Note: Existing WA NDIS Participants (including those aged 65 and over) may meet the NDIS access criteria if they meet the criteria prescribed in the National Disability Insurance Scheme (Prescribed Program – Western Australia) Rules 2017.
Schedule A is made for the purposes of paragraphs 22(1)(b) and 23(1)(c) of the Act.
Schedule B
NDIS areas – South Australia
District
Districts are comprised of the following local government areas of South Australia as at 1 January 2016
Barossa, Light and Lower North
BarossaGawlerLightMallala
PlayfordSalisbury and Port Adelaide Enfield (East)
PlayfordSalisburyPort Adelaide Enfield (East)
Tea Tree Gully
Tea Tree Gully
Limestone Coast
GrantKingstonMount GambierNaracoote and LucindaleRobeTatiaraWattle Range
Murray and Mallee
Berri and BarmeraKaroonda East MurrayLoxton WaikerieMid MurrayMurray BridgeRenmark ParingaSouthern MalleeThe Coorong
Barunga WestClare and Gilbert ValleysCopper CoastGoyderMount RemarkableNorthern AreasOrroroo/CarrietonPeterboroughPort Pirie City and DistrictsWakefieldYorke Peninsula
Adelaide Hills
Adelaide HillsMount Barker
Eastern Adelaide
AdelaideBurnsideCampbelltownNorwood Payneham St PetersProspectUnleyWalkerville
Western Adelaide
Charles SturtPort Adelaide Enfield (West)West Torrens”
NDIS Areas – NSW
District
Districts are comprised of the following areas of New South Wales constituted under the Local Government Act 1993 (NSW) as at 1 January 2016
Central Coast
City of GosfordWyong Shire
Hunter New England
Armidale DumaresqCity of CessnockDungog ShireGlen Innes SevernGloucester ShireGreat LakesCity of Greater TareeGunnedah ShireGuyra ShireGwydir ShireInverell ShireCity of Lake MacquarieLiverpool Plains ShireCity of MaitlandMoree Plains ShireMuswellbrook ShireNarrabri ShireCity of NewcastlePort StephensSingletonTamworth RegionalTenterfield ShireUpper Hunter ShireUralla ShireWalcha
Nepean Blue Mountains
City of Blue MountainsCity of HawkesburyCity of LithgowCity of Penrith
Northern Sydney
Hornsby ShireHunters Hill MunicipalityKu-ring-gaiLane Cove MunicipalityManlyMosman MunicipalityNorth SydneyPittwaterCity of RydeWarringahCity of Willoughby
South Western Sydney
City of BankstownCamdenCity of CampbelltownCity of FairfieldCity of LiverpoolWingecarribee ShireWollondilly Shire
Southern NSW
Bega Valley ShireBombalaCooma-Monaro ShireEurobodalla ShireGoulburn MulwareePalerangCity of QueanbeyanSnowy River ShireUpper Lachlan ShireYass Valley
Western Sydney
City of AuburnCity of BlacktownCity of HolroydCity of ParramattaThe Hills Shire
Illawarra Shoalhaven
Kiama MunicipalityCity of ShellharbourCity of ShoalhavenCity of Wollongong
Mid North Coast
Bellingen ShireCity of Coffs HarbourKempsey ShireNambucca ShirePort Macquarie-Hastings
Murrumbidgee
City of AlburyBerrigan ShireBland ShireBoorowaCarrathool ShireConargo ShireCoolamon ShireCootamundra ShireCorowa ShireDeniliquinGreater Hume ShireCity of GriffithGundagai ShireHarden ShireHay ShireJerilderie ShireJunee ShireLeeton ShireLockhart ShireMurray ShireMurrumbidgee ShireNarrandera ShireTemora ShireTumbarumba ShireTumut ShireUrana ShireCity of Wagga WaggaWakool ShireYoung Shire
Northern NSW
Ballina ShireByron ShireClarence ValleyKyogleCity of LismoreRichmond ValleyTweed Shire
South Eastern Sydney
City of Botany BayCity of HurstvilleCity of KogarahCity of RandwickCity of RockdaleSutherland ShireCity of Sydney - Inner and EastWaverleyWoollahra Municipality
Sydney
AshfieldBurwoodCanada BayCanterburyLeichhardtMarrickvilleStrathfieldSydney - South and West
Territories are comprised of the following shires as at 1 December 2017
Christmas Island
Shire of Christmas Island
Cocos (Keeling) Islands
Shire of Cocos (Keeling) Island
Note: Endnotes
Note: Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Note: Endnote 2—Abbreviation key
o = order(s)
ad = added or inserted
Ord = Ordinance
am = amended
orig = original
amdt = amendment
par = paragraph(s)/subparagraph(s)
c = clause(s)
/sub‑subparagraph(s)
C[x] = Compilation No. x
pres = present
Ch = Chapter(s)
prev = previous
def = definition(s)
(prev…) = previously
Dict = Dictionary
Pt = Part(s)
disallowed = disallowed by Parliament
r = regulation(s)/rule(s)
Div = Division(s)
exp = expires/expired or ceases/ceased to have
reloc = relocated
effect
renum = renumbered
F = Federal Register of Legislation
rep = repealed
gaz = gazette
rs = repealed and substituted
LA = Legislation Act 2003
s = section(s)/subsection(s)
LIA = Legislative Instruments Act 2003
Sch = Schedule(s)
(md) = misdescribed amendment can be given
Sdiv = Subdivision(s)
effect
SLI = Select Legislative Instrument
(md not incorp) = misdescribed amendment
SR = Statutory Rules
cannot be given effect
Sub‑Ch = Sub‑Chapter(s)
mod = modified/modification
SubPt = Subpart(s)
No. = Number(s)
underlining = whole or part not
commenced or to be commenced
Note: Endnote 3—Legislation history
Name
Registration
Commencement
Application, saving and transitional provisions
National Disability Insurance Scheme (Becoming a Participant) Amendment Rules 2016 (No. 2)
30 June 2016
01 July 2016
National Disability Insurance Scheme (Becoming a Participant) Amendment Rules 2016 (No. 3)
16 December 2016
17 December 2016
National Disability Insurance Scheme (Becoming a Participant) Amendment Rules 2017
1 February 2017
1 January 2017
National Disability Insurance Scheme (Becoming a Participant) Amendment Rules 2018
Part 8, paragraph 8.4, definitions of Existing WA NDIS participant, Instrument, Victorian Government and WA NDIS ModelSchedule A, QueenslandSchedule A, Northern Territory