7Requirement for supports to be most appropriately funded or provided through the National Disability Insurance Scheme

7 Requirement for supports to be most appropriately funded or provided through the National Disability Insurance Scheme

(1) This section applies in relation to a statement of participant supports included in an old framework plan for a participant if the statement is approved or varied during the period: (a) starting on the commencement of Schedule 1 to the amending Act; and (b) ending immediately before the commencement of the first National Disability Insurance Scheme rules made for the purposes of paragraph 35(4)(d) of the NDIS Act (as added by Schedule 1 to the amending Act). (2) For the purpose of specifying in the statement the general supports that will be provided, and the reasonable and necessary supports that will be funded, the CEO must be satisfied of the matter mentioned in subsection (3) in relation to the funding or provision of each such support, in addition to the matters of which the CEO must be satisfied as mentioned in subsection 34(1) of the NDIS Act, as in force on and after the commencement of Schedule 1 to the amending Act. (3) The matter of which the CEO must be satisfied is that the support is most appropriately funded or provided through the National Disability Insurance Scheme, and is not more appropriately funded or provided through other 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. (4) In deciding whether or not he or she is satisfied of the matter mentioned in subsection (3), the CEO must apply any methods or criteria, and have regard to any matters, that: (a) were prescribed for the purposes of subsection 34(2) of the NDIS Act by National Disability Insurance Scheme rules in force immediately before the commencement of Schedule 1 to the amending Act; and (b) related to the matter mentioned in paragraph 34(1)(f) of the NDIS Act, as in force immediately before that commencement. (5) This section applies as mentioned in subsection (1): (a) whether the participant becomes a participant; and (b) in the case of a variation—whether the plan comes into effect; before, on or after the commencement of Schedule 1 to the amending Act.