Commonwealth: National Disability Insurance Scheme Act 2013 (Cth)

National Disability Insurance Scheme Act 2013 No. 20, 2013 Compilation No. 22 Compilation date: 21 February 2025 Includes amendments: Act No. 14, 2025 About this compilation This compilation This is a compilation of the National Disability Insurance Scheme Act 2013 that shows the text of the law as amended and in force on 21 February 2025 (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 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 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. Editorial changes For more information about any editorial changes made in this compilation, see 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 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 Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Chapter 1—Introduction Part 1—Preliminary 1 Short title 2 Commencement Part 2—Objects and principles 3 Objects of Act 4 General principles guiding actions under this Act 5 General principles guiding actions of people who may do acts or things on behalf of others 6 Agency may provide support and assistance 7 Provision of notice, approved form or information under this Act etc. Part 3—Simplified outline 8 Simplified outline Part 4—Definitions 9 Definitions 9A Approved forms 10 Definition of NDIS support 10B Definition of NDIS worker screening law 11 Definitions relating to compensation 11A Definition of key personnel Part 5—Ministerial Council 12 Ministerial Council functions etc. Chapter 2—Assistance for people with disability and others 13 Agency may provide coordination, strategic and referral services etc. to people with disability 14 Agency may provide funding to persons or entities 15 Agency may provide information 16 Agency may assist in relation to doing things under Chapter 17 National Disability Insurance Scheme rules Chapter 3—Participants and their plans Part 1A—Principles 17A Principles relating to the participation of people with disability Part 1—Becoming a participant 18 Person may make a request to become a participant 19 Matters relating to access requests 20 CEO must consider and decide access requests 21 When a person meets the access criteria 22 Age requirements 23 Residence requirements 24 Disability requirements 25 Early intervention requirements 26 Requests that the CEO may make 27 National Disability Insurance Scheme rules relating to disability requirements and early intervention requirements 28 When a person becomes a participant 29 When a person ceases to be a participant 30 Revocation of participant status 30A Requirement to consider status of certain participants Part 2—Participants' plans Division 1—Principles relating to plans 31 Principles relating to plans Division 2—Preparing participants' plans Subdivision A—Facilitating preparation of participants' plans 32 CEO must facilitate preparation of participant's plan 32A Kinds of plans 32B Participants that are to have new framework plans 32BA Notice of impairments Subdivision B—Content of new framework plans 32C Application of this Subdivision 32D Matters that must be included in a participant's plan 32E Reasonable and necessary budget—entitlement to flexible funding or stated supports 32F Reasonable and necessary budget—flexible funding 32G Reasonable and necessary budget—stated supports 32H Reasonable and necessary budget—requirements relating to acquisition or provision of supports 32J Reasonable and necessary budget—National Disability Insurance Scheme rules 32K Reasonable and necessary budget—working out total funding amounts 32L Assessment of participant's need for supports Subdivision C—Content of old framework plans 32M Application of this Subdivision 33 Matters that must be included in a participant's plan 34 Reasonable and necessary supports 35 National Disability Insurance Scheme rules for statement of participant supports Subdivision D—Information and reports 36 Requesting information and reports Subdivision E—When a plan is in effect etc. 37 When plan is in effect 38 Copy of plan to be provided 39 Agency must comply with the statement of participant supports 40 Effect of temporary absence on plans 41 Suspension of plans Division 3—Managing the funding for supports under participants' plans 42 Meaning of managing the funding for supports under a participant's plan 43 Choice for the participant in relation to plan management 44 Circumstances in which persons must not manage funding 45 Payment of amounts payable under the National Disability Insurance Scheme—general 45A Payment of amounts payable under the National Disability Insurance Scheme—need for a claim 46 Acquittal of NDIS amounts 46A Protection of NDIS amounts 46B Garnishee orders Division 4—Varying and replacing participants' plans 47 Variation of participant's plan—change of participant's statement of goals and aspirations 47A Variation of participant's plan on request of participant or CEO's own initiative 48 Reassessment of participant's plan on request of participant or CEO's own initiative 49 Reassessment of participant's plan before plan's reassessment date 49A Reassessment of participant's plan in circumstances specified in plan 49B No reassessment of old framework plan if participant to have new framework plans 50 Information and reports for the purposes of varying or reassessing a participant's plan Chapter 4—Administration Part 1—General matters Division 1—Participants and prospective participants 50J CEO to comply with requirements in relation to prospective participants or participants 51 Requirement to notify change of circumstances 52 Requirements relating to notices 53 Power to obtain information from participants and prospective participants to ensure the integrity of the National Disability Insurance Scheme 54 Written notice of requirement Division 2—Other persons 55 Power of CEO to obtain information from other persons to ensure the integrity of the National Disability Insurance Scheme 55A Power of Commissioner to obtain information from other persons to ensure the integrity of the National Disability Insurance Scheme etc. 56 Written notice of requirement 57 Offence—refusal or failure to comply with requirement Division 3—Interaction with other laws 58 Obligations not affected by State or Territory laws 59 Interaction with Commonwealth laws Part 2—Privacy Division 1—Information held by the Agency 60 Protection of information held by the Agency etc. 62 Offence—unauthorised use or disclosure of protected Agency information 63 Offence—soliciting disclosure of protected Agency information 64 Offence—offering to supply protected Agency information 66 Disclosure of information by CEO 67 National Disability Insurance Scheme rules for exercise of CEO's disclosure powers Division 2—Information held by the Commission 67A Protection of information held by the Commission etc. 67B Offence—unauthorised use or disclosure of protected Commission information 67C Offence—soliciting disclosure of protected Commission information 67D Offence—offering to supply protected Commission information 67E Disclosure of information by Commissioner 67F National Disability Insurance Scheme rules for exercise of Commissioner's disclosure powers Division 3—Information generally 67G Protection of certain documents etc. from production to court etc. 67H Part does not affect the operation of the Freedom of Information Act 1982 Part 3A—NDIS providers Division 2—Registered NDIS providers 73B Requirement to be a registered NDIS provider 73C Application to be a registered NDIS provider 73D False or misleading information or documents in application 73E Registration as a registered NDIS provider 73F Registration is subject to conditions 73G Conditions specified in certificate of registration 73H Conditions determined by NDIS rules 73J Registered NDIS providers must comply with conditions of registration 73K Extension of period for which registration is in force 73L Variation of registration 73M Application for variation of registration 73N Suspension of registration 73P Revocation of registration 73Q Record keeping by registered NDIS providers 73R Record keeping by former registered NDIS providers 73S Grants of financial assistance in relation to registration Division 3—Quality assurance 73T NDIS Practice Standards 73U Approved quality auditors Division 4—NDIS Code of Conduct 73V NDIS Code of Conduct Division 5—Complaints management and resolution 73W Complaints management and resolution system—registered NDIS providers 73X Arrangements relating to the management and resolution of complaints Division 6—Incident management—registered NDIS providers 73Y Incident management system 73Z Reportable incidents Division 7—Protection of disclosers 73ZA Disclosures qualifying for protection 73ZB Disclosure that qualifies for protection not actionable etc. 73ZC Victimisation prohibited 73ZD Right to compensation Division 8—Compliance and enforcement 73ZE Monitoring powers 73ZF Investigation powers 73ZG Use of equipment to examine or process things 73ZH Use of electronic equipment at other place 73ZI Person with knowledge of a computer or a computer system to assist access etc. 73ZJ Compensation for damage to electronic equipment 73ZK Civil penalty provisions 73ZL Infringement notices 73ZM Compliance notices 73ZN Banning orders 73ZO Variation or revocation of banning orders 73ZP Enforceable undertakings 73ZQ Injunctions 73ZR Appointment of inspectors and investigators Division 9—NDIS Provider Register 73ZS NDIS Provider Register Part 4—Children 74 Children 75 Definition of parental responsibility 76 Duty to children 77 Revocation of determinations under section 74 Part 5—Nominees Division 1—Functions and responsibilities of nominees 78 Actions of plan nominee on behalf of participant 79 Actions of correspondence nominee on behalf of participant 80 Duties of nominees to participant etc. 81 Giving of notices to correspondence nominee 82 Compliance by correspondence nominee 83 Nominee to inform Agency of matters affecting ability to act as nominee 84 Statement by plan nominee regarding disposal of money 85 Right of nominee to attend with participant Division 2—Appointment and cancellation or suspension of appointment 86 Appointment of plan nominee 87 Appointment of correspondence nominee 88 Provisions relating to appointments 89 Circumstances in which the CEO must cancel appointment of nominees 90 General circumstances in which CEO may cancel or suspend appointment of nominees 91 Suspension etc. of appointment of nominees in cases of physical, mental or financial harm 92 Other matters relating to cancellation or suspension of appointment 93 National Disability Insurance Scheme rules may prescribe requirements etc. 94 CEO's powers of revocation Division 3—Other matters relating to nominees 95 CEO's powers to give notices to participant 96 Notification of nominee where notice is given to participant 97 Protection of participant against liability for actions of nominee 98 Protection of nominee against criminal liability Part 6—Review of decisions 99 Reviewable decisions and decision‑makers 100 Review of reviewable decisions 101 Effect of later decisions before review completed 102 Withdrawal of request for review 103 Applications to the Administrative Review Tribunal Chapter 5—Compensation payments Part 1—Requirement to take action to obtain compensation 104 CEO may require person to take action to obtain compensation 105 Consequences of failure to comply with a requirement to take action to obtain compensation 105A Matters relating to claims etc. by CEO 105B Recovery of amounts relating to claims etc. by CEO Part 2—Agency may recover compensation fixed after NDIS amounts have been paid 106 Recovering past NDIS amounts from certain judgements 107 Recovering past NDIS amounts from consent judgements and settlements 108 Debts resulting from section 106 or 107 Part 3—Recovery from compensation payers and insurers 109 CEO may send preliminary notice to potential compensation payer or insurer 110 Offence—potential compensation payer or insurer 111 CEO may send recovery notice to compensation payer or insurer 112 Preliminary notice or recovery notice suspends liability to pay compensation 113 Compensation payer's or insurer's payment to Agency discharges liability to participant 114 Offence—making compensation payment after receiving preliminary notice or recovery notice 115 Liability to pay the Agency if there is a contravention of section 114 Part 4—CEO may disregard certain payments 116 CEO may disregard certain payments Chapter 6—National Disability Insurance Agency Part 1—National Disability Insurance Agency 117 National Disability Insurance Agency 118 Functions of the Agency 119 Powers of the Agency 120 Charging of fees 121 Minister may give directions to the Agency 122 Agency does not have privileges and immunities of the Crown Part 2—Board of the Agency Division 1—Establishment and functions 123 Board of the National Disability Insurance Agency 124 Functions of the Board 125 Minister may give the Board a statement setting out strategic guidance for the Agency 125A Matters to be considered in performing functions 125B Rules about management of risk and performance of Board's functions Division 2—Members of the Board 126 Membership 127 Appointment of Board members 128 Term of appointment 129 Acting appointments 130 Remuneration and allowances 131 Leave of absence 132 Outside employment 133 Resignation of Board members 134 Termination of appointment of Board members 135 Other terms and conditions of Board members Division 3—Meetings of the Board 136 Convening meetings 137 Presiding at meetings 138 Quorum 139 Voting at meetings 140 Conduct of meetings 141 Minutes 142 Decisions without meetings Part 3—Independent Advisory Council Division 1—Establishment and function 143 Establishment 144 Function of the Advisory Council 145 Advice of the Advisory Council Division 2—Members of the Advisory Council 146 Membership 147 Appointment of members of the Advisory Council 148 Term of appointment 149 Acting appointments 150 Remuneration and allowances 151 Leave of absence 152 Disclosure of interests to the Minister 153 Disclosure of interests to the Advisory Council 154 Resignation of members of the Advisory Council 155 Termination of appointment of members of the Advisory Council 156 Other terms and conditions of members of the Advisory Council Division 3—Procedures of the Advisory Council 157 Procedures of the Advisory Council Part 4—Chief Executive Officer and staff etc. Division 1—Chief Executive Officer 158 Establishment 159 Functions of the CEO 160 Appointment of the CEO 161 Acting appointments 162 Remuneration and allowances 163 Leave of absence 164 Outside employment 165 Disclosure of interests 166 Resignation of the CEO 167 Termination of appointment of the CEO 168 Other terms and conditions of the CEO Division 2—Staff etc. 169 Staff 170 Services of other persons to be made available to the Agency 171 Consultants Part 5—Reporting and planning Division 1—Reporting Subdivision A—Reporting by Board members 172 Annual report 173 Giving certain information to the Ministerial Council 174 Quarterly report to the Ministerial Council Subdivision B—Reporting by the Agency 175 Giving information requested by Commonwealth, State or Territory Ministers 175A Monthly summary of statistics Subdivision C—Reporting by the Minister 176 Giving certain information to the Ministerial Council Division 2—Planning 177 Corporate plan Part 6—Finance 178 Payments to the Agency by the Commonwealth 179 Payments to the Agency by the host jurisdictions 180 Application of money by the Agency Part 6A—Actuarial assessment of financial sustainability Division 1—Scheme actuary and annual financial sustainability report 180A Nomination of scheme actuary 180B Duties of scheme actuary 180C Rules for performance of scheme actuary's duties Division 2—Reviewing actuary 180D Nomination of reviewing actuary 180E Duties of reviewing actuary Division 3—Assistance of scheme actuary and reviewing actuary 180F Agency to assist scheme actuary and reviewing actuary Part 7—Miscellaneous 181 Taxation Chapter 6A—NDIS Quality and Safeguards Commission Part 1—Commission establishment and functions 181A Establishment of the Commission 181B Commission's functions Part 2—NDIS Quality and Safeguards Commissioner 181C Commissioner 181D Commissioner's functions and powers 181E Commissioner's core functions 181F Commissioner's registration and reportable incident functions 181G Commissioner's complaints functions 181H Commissioner's behaviour support function 181J Charging of fees by Commissioner 181K Minister may give directions to the Commissioner 181L Appointment of the Commissioner 181M Acting appointments 181N Remuneration and allowances 181P Leave of absence 181Q Outside employment 181R Other terms and conditions 181S Resignation 181T Termination of appointment Part 3—Staff etc. of the Commission 181U Staff of the Commission 181V Consultants 181W Persons assisting the Commissioner Chapter 6B—NDIS worker screening database 181X Simplified outline of this Chapter 181Y NDIS worker screening database Chapter 7—Other matters Part 1—Debt recovery Division 1—Debts 182 Debts due to the Agency Division 2—Methods of recovery 183 Legal proceedings 184 Arrangement for payment of debt 185 Recovery of amounts from financial institutions Division 3—Information relating to debts 186 Power to obtain information from a person who owes a debt to the Agency 187 Power to obtain information about a person who owes a debt to the Agency 188 Written notice of requirement 189 Offence—refusal or failure to comply with requirement Division 4—Non‑recovery of debts 190 CEO may write off debt 191 Power to waive Agency's right to recover debt 192 Waiver of debt arising from error 193 Waiver of small debt 194 Waiver in relation to settlements 195 Waiver in special circumstances Part 2—General matters 196 Method of notification by CEO 197 CEO not required to make a decision 197A Method of notification by Commissioner 197B Commissioner not required to make a decision 198 Protection of participant against liability for actions of persons 199 Protection against criminal liability 200 Evidentiary effect of CEO's certificate 200A Legal assistance for review not funded 201 Delegation by the Minister to the CEO 201A Delegation by the Minister to the Commissioner 202 Delegation by the CEO 202A Delegation by the Commissioner 202B Delegation of regulatory powers 203 Application of Act to unincorporated bodies 204 Time frames for decision making by persons other than the CEO 204A Report by Commonwealth Ombudsman Part 3—Constitutional matters 205 Act binds Crown 206 Alternative constitutional basis 207 Concurrent operation of State laws 207A State or Territory agreement required in relation to certain delegations under this Act Part 5—Legislative instruments 209 The National Disability Insurance Scheme rules 209A Process for seeking agreement to Category A rules—normal process 209B Process for seeking agreement to certain Category A rules where no substantial financial or policy implications 209C Dispute resolution process for Category A rules 209D Process for seeking agreement to Category B rules and Category C rules 210 Regulations 211 Information about consultation to be included in explanatory statements Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to establish the National Disability Insurance Scheme, and for related purposes Chapter 1—Introduction 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. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 28 March 2013 2. Sections 3 to 12 The day after this Act receives the Royal Assent. 29 March 2013 3. Chapters 2 and 3 A day or days to be fixed by Proclamation. 1 July 2013 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. (see F2013L00994) 4. Chapter 4, Part 1, Division 1 A day or days to be fixed by Proclamation. 1 July 2013 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. (see F2013L00994) 5. Chapter 4, Part 1, Divisions 2 and 3 The day after this Act receives the Royal Assent. 29 March 2013 6. Chapter 4, Parts 2 and 3 The day after this Act receives the Royal Assent. 29 March 2013 7. Chapter 4, Parts 4, 5 and 6 A day or days to be fixed by Proclamation. 1 July 2013 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. (see F2013L00994) 8. Chapter 5 A day or days to be fixed by Proclamation. 1 July 2013 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. (see F2013L00994) 9. Chapters 6 and 7 The day after this Act receives the Royal Assent. 29 March 2013 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. 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. entry, in relation to a person and a residential care service, has the same meaning as in the Aged Care Act 1997. 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). 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. home care has the same meaning as in the Aged Care Act 1997. 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). 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 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). residential care service has the same meaning as in the Aged Care Act 1997. 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. 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