Commonwealth: National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Act 2024 (Cth)

National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Act 2024 No. 81, 2024 An Act to amend the National Disability Insurance Scheme Act 2013, and for related purposes Contents 1 Short title 2 Commencement 3 Schedules 4 Review 5 New NDIS rules and legislative instruments Schedule 1—Main amendments Part 1—Amendment of the National Disability Insurance Scheme Act 2013 National Disability Insurance Scheme Act 2013 Part 2—Consequential amendments Legislation (Exemptions and Other Matters) Regulation 2015 Part 3—Application and transitional provisions Schedule 2—Quality and safeguards amendments Part 1—Amendments National Disability Insurance Scheme Act 2013 Part 2—Application and transitional provisions National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Act 2024 No. 81, 2024 An Act to amend the National Disability Insurance Scheme Act 2013, and for related purposes [Assented to 5 September 2024] The Parliament of Australia enacts: 1 Short title This Act is the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Act 2024. 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 Provisions Commencement Date/Details 1. The whole of this Act The 28th day after this Act receives the Royal Assent. 3 October 2024 Note: This table relates only to the provisions of this Act as originally enacted.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in any published version of this Act. 3 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Note: The provisions of a legislative instrument (the principal instrument) amended or inserted by this Act, and any other provisions of the principal instrument, may be amended or repealed by an instrument made under the enabling provision for the principal instrument. 4 Review (1) The Minister must cause an independent review of the amendments made by this Act to be conducted as soon as practicable after the end of the 5‑year period starting on the day this Act receives the Royal Assent. (2) The persons who conduct the review must: (a) consult with the public in conducting the review; and (b) give the Minister a written report of the review in sufficient time to enable the Minister to comply with subsection (3). (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 9 months after the end of that 5‑year period. 5 New NDIS rules and legislative instruments (1) The Minister must, within 5 days after the commencement of this Act, prepare and publish a statement of the proposed timeframes for: (a) seeking the agreement of the States and Territories to make the following: (i) new category A rules; (ii) new category C rules; and (b) undertaking consultation with the States and Territories on the following: (i) new category D rules; (ii) new legislative instruments; (iii) transitional rules; and (c) undertaking consultation with the disability community on the following: (i) new category A rules; (ii) new category C rules; (iii) new category D rules; (iv) new legislative instruments; (v) transitional rules. (2) The Minister must prepare and publish an updated statement of the proposed timeframes as soon as practicable after a change in the proposed timeframes. (3) A statement prepared under subsection (1) or (2) must be published on a website maintained by the Department administered by the Minister. (4) In this section: new category A rules means rules proposed to be made under section 209 of the National Disability Insurance Scheme Act 2013 for the purposes of any of the following provisions of that Act (as in force immediately after the commencement of this Act): (a) subsections 10(1) and (4); (b) section 27; (c) subsection 29(3); (d) paragraph 30(6A)(f); (e) subsections 30A(1) and (2) and paragraphs 30A(7A)(f) and (9)(a); (f) subparagraph 32D(6)(b)(ii), paragraph 32D(6)(f) and subsection 32D(8); (g) subsection 32E(4); (h) paragraph 32F(7)(c); (i) subsection 32G(4); (j) paragraph 32H(2)(d); (k) section 32J; (l) subsection 32L(7A); (m) paragraph 36(3A)(f); (n) subsection 41(3); (o) paragraph 43(2C)(c) and subsection 43(2D); (p) subparagraph 44(1)(b)(ii) and subsections 44(3), (4) and (5); (q) subparagraph 47A(1AB)(j)(iii) and paragraph 47A(2A)(f); (r) paragraph 74(3C)(c), subparagraph 74(4)(b)(ii) and subsection 74(6). new category C rules means rules proposed to be made under section 209 of the National Disability Insurance Scheme Act 2013 for the purposes of either of the following provisions of that Act (as in force immediately after the commencement of this Act): (a) paragraph 32(4)(b); (b) paragraph 32D(4)(a). new category D rules means rules proposed to be made under section 209 of the National Disability Insurance Scheme Act 2013 for the purposes of any of the following provisions of that Act (as in force immediately after the commencement of this Act): (a) subsection 32B(3); (b) paragraph 45(5)(e); (c) subsections 73U(4A) and (9A). new legislative instruments means a legislative instrument proposed to be made under any of the following provisions of the National Disability Insurance Scheme Act 2013 (as in force immediately after the commencement of this Act): (a) subsection 32B(1); (b) subsection 32C(2); (c) subsection 32K(2); (d) subsection 32L(8); (e) subsection 33(2E). transitional rules means rules proposed to be made under subitem 138(1) of Schedule 1 to this Act. Schedule 1—Main amendments Part 1—Amendment of the National Disability Insurance Scheme Act 2013 National Disability Insurance Scheme Act 2013 1 Subparagraph 3(3)(c)(i) Repeal the subparagraph, substitute: (i) disability strategies agreed to by the Commonwealth and each host jurisdiction from time to time; and 2 At the end of subsection 3(3) Add: Note: For subparagraph (c)(i), in 2024 the relevant strategy was Australia's Disability Strategy 2021‑2031, accessible through the Department's website. 3 Section 8 (paragraph (c) of the paragraph beginning "The National Disability Insurance Scheme comprises") Repeal the paragraph, substitute: (c) individual plans under which certain supports (called NDIS supports) will be funded for certain people (called participants) (Chapter 3). 4 Section 9 Insert: Disability Minister for a host jurisdiction means the Minister of the host jurisdiction who is a member of the Ministerial Council. 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. 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). 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. 4A Section 9 (definition of host jurisdiction Minister) Repeal the definition, substitute: 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. 5 Section 9 (definition of NDIS amount) Omit "reasonable and necessary supports", substitute "supports (other than general supports)". 6 Section 9 Insert: NDIS support, for a participant, has the meaning given by section 10. 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). old framework plan has the meaning given by subsection 32A(2). 7 Section 9 (definition of participant) Omit "and 30", substitute ", 30 and 30A". 8 Section 9 (definition of participant's statement of goals and aspirations) Omit "subsection 33(1)", substitute "subsections 32D(1) and 33(1)". 9 Section 9 Insert: reasonable and necessary budget for a new framework plan means the reasonable and necessary budget specified in the plan under paragraph 32D(2)(a). 10 Section 9 (definition of reassessment date) Repeal the definition, substitute: 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). 11 Section 9 Insert: stated support for a participant has the meaning given by subsection 32E(4). 12 Section 9 (definition of statement of participant supports) Omit "subsection 33(2)", substitute "subsections 32D(2) and 33(2)". 13 Section 9 Insert: 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). 14 After section 9A Insert: 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. 15 Subsection 10B(1) (note) Omit "Note", substitute "Note 1". 16 At the end of subsection 10B(1) Add: 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). 17 Paragraph 19(2)(b) Repeal the paragraph, substitute: (b) either of the following apply: (i) the CEO decides that the person does not meet the access criteria, or is taken to have so decided because of subsection 21(3); (ii) the person becomes a participant in the National Disability Insurance Scheme as a result of the request but the CEO subsequently decides under subsection 30(1) or (5), paragraph 30A(1)(c) or subsection 30A(7) to revoke the person's status as such a participant; 18 Subsection 21(2) Repeal the subsection, substitute: (2) For the purposes of paragraph (1)(c), the CEO must separately consider and decide: (a) whether or not the prospective participant meets the disability requirements; and (b) whether or not the prospective participant meets the early intervention requirements. 19 Paragraph 24(1)(e) Omit "support", substitute "NDIS supports". 20 Subsections 24(2) and (3) Omit "support", substitute "NDIS supports". 21 At the end of subsection 24(4) Add: Note 1: The time at which a requirement in this section needs to be met is the time the matter falls to be determined. For an access request, that time is the time of considering the request (see paragraph 21(1)(c)). Note 2: National Disability Insurance Scheme rules may be made in relation to this section under subsection 27(1). 22 After paragraph 25(1)(c) Insert: ; and (d) the CEO is satisfied any early intervention supports that would be likely to benefit the person as mentioned in paragraphs (b) and (c) would be NDIS supports for the person. 23 Subsection 25(3) Repeal the subsection, substitute: Note 1: The time at which a requirement in this section needs to be met is the time the matter falls to be determined. For an access request, that time is the time of considering the request (see paragraph 21(1)(c)). Note 2: National Disability Insurance Scheme rules may be made in relation to this section under subsection 27(1). 24 Subsection 26(3) After "reasonable for the prospective participant", insert ", or the other person mentioned in paragraph (1)(a),". 25 Section 27 Repeal the section, substitute: 27 National Disability Insurance Scheme rules relating to disability requirements and early intervention requirements (1) The National Disability Insurance Scheme rules may make provision for determining any matter for the purposes of section 24 (disability requirements) or 25 (early intervention requirements). (2) Without limiting subsection (1), National Disability Insurance Scheme rules made for the purposes of that subsection may prescribe: (a) methods or criteria to be applied, or matters that may, must or must not be taken into account, for the purposes of either of those sections; or (b) circumstances in which a matter relevant to the application of either of those sections is taken to exist or to not exist in relation to a person. 26 Subsection 28(2) Repeal the subsection, substitute: (2) The CEO must give written notice of the decision to the participant, stating: (a) the date on which the person became a participant; and (b) whichever of the following applies: (i) that the CEO is satisfied the participant meets the early intervention requirements; (ii) that the CEO is satisfied the participant meets the disability requirements; (iii) that the CEO is satisfied the participant meets both the early intervention requirements and the disability requirements. 27 Paragraph 29(1)(c) Omit "section 30", substitute "subsection 30(1) or (5), paragraph 30A(1)(c) or subsection 30A(7)". 28 Subsection 29(2) Repeal the subsection, substitute: (2) A person is not entitled to be paid NDIS amounts so far as the amounts relate to supports that are acquired or provided after the person ceases to be a participant. (3) The National Disability Insurance Scheme rules may specify circumstances in which specified supports are taken for the purposes of subsection (2) to be, or not to be, acquired or provided after the person ceases to be a participant. 29 Before subsection 30(1) Insert: Circumstances in which participant status may be revoked 30 Subsection 30(2) Repeal the subsection, substitute: Requesting information and reports (2) If the CEO is considering revoking a participant's status as a participant in the National Disability Insurance Scheme under subsection (1), the CEO may make one or more requests under subsection (3) for the purposes of deciding whether or not to do so. (3) The requests the CEO may make under this subsection are as follows: (a) that the participant, or another person, provide information that is reasonably necessary for deciding whether or not to revoke the participant's status as a participant in the National Disability Insurance Scheme; (b) subject to subsection (3A), that the participant do either or both of the following: (i) undergo an assessment and provide to the CEO the report, in the approved form, of the person who conducts the assessment; (ii) undergo, whether or not at a particular place, a medical, psychiatric, psychological or other examination, conducted by an appropriately qualified person, and provide to the CEO the report, in the approved form, of the person who conducts the examination. (3AA) A request under subsection (3) must be made in writing. Note: A request may be rescinded or varied under subsection 33(3) of the Acts Interpretation Act 1901. (3A) The CEO must not request that the participant undergo an assessment under subparagraph (3)(b)(i) or an examination under subparagraph (3)(b)(ii) unless the CEO is satisfied that the report of the assessment or examination would provide information that the CEO cannot otherwise reasonably obtain. (4) If: (a) information or one or more reports are requested under subsection (3); and (b) the information and each such report are received by the CEO within 90 days, or such longer period as is specified in the request, after that information or report is requested; the CEO must: (c) decide whether or not to revoke the participant's status as a participant in the National Disability Insurance Scheme; or (d) make a further request under subsection (3). (5) If: (a) information or one or more reports are requested under subsection (3); and (b) the information and each such report are not received by the CEO within 90 days, or such longer period as is specified in the request, after that information or report is requested; the CEO may revoke the participant's status as a participant in the National Disability Insurance Scheme. (6) However, the CEO must not revoke the participant's status as a participant in the National Disability Insurance Scheme under subsection (5) if the CEO is satisfied that it was reasonable for the participant, or the other person mentioned in paragraph (3)(a), not to have complied with the request made by the CEO within that period. (6A) In deciding for the purposes of subsection (6) whether or not it was reasonable for a participant or other person not to have complied with a request within a particular period, the CEO must have regard to the following matters: (a) the length of that period; (b) any previous failures by the participant to comply with a request for information made under this Act; (c) any previous failures by the other person to comply with a request for information made under this Act in relation to the participant; (d) the length of time since the CEO was last provided with information relevant to the decision whether or not to revoke the participant's status as a participant; (e) whether the failure to comply with the request was beyond the control of the participant or other person because of a delay in the provision of information to the participant or other person; (f) any matters prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph; (g) any other matters the CEO considers relevant. Notice of decisions (7) The CEO must give the participant written notice of a revocation under subsection (1) or (5), stating the date on which the revocation takes effect. Section 30A does not limit this section (8) Section 30A does not limit this section. 31 At the end of Part 1 of Chapter 3 Add: 30A Requirement to consider status of certain participants Circumstances in which CEO must consider participant's status (1) If a circumstance prescribed by the National Disability Insurance Scheme rules for the purposes of this subsection applies in relation to a participant, the CEO must: (a) decide whether or not the participant meets the early intervention requirements; and (b) if the CEO decides under paragraph (a) that the participant does not meet the early intervention requirements—decide whether or not the participant meets the disability requirements; and (c) if the CEO decides under paragraph (b) that the participant does not meet the disability requirements—revoke the participant's status as a participant in the National Disability Insurance Scheme. (2) The National Disability Insurance Scheme rules may prescribe requirements with which the CEO must comply, criteria that the CEO is to apply, or matters to which the CEO may, must or must not have regard, in making a decision under subsection (1). (3) Any such rules apply in addition to, and not instead of, National Disability Insurance Scheme rules prescribed for the purposes of subsection 27(1). Requesting information and reports (4) The CEO may make one or more requests under subsection (5) for the purposes of making a decision under subsection (1). (5) The requests the CEO may make under this subsection are as follows: (a) that the participant, or another person, provide information that is reasonably necessary for making the decision; (b) subject to subsection (5A), that the participant do either or both of the following: (i) undergo an assessment and provide to the CEO the report, in the approved form, of the person who conducts the assessment; (ii) undergo, whether or not at a particular place, a medical, psychiatric, psychological or other examination, conducted by an appropriately qualified person, and provide to the CEO the report, in the approved form, of the person who conducts the examination. (5AA) A request under subsection (5) must be made in writing. Note: A request may be rescinded or varied under subsection 33(3) of the Acts Interpretation Act 1901. (5A) The CEO must not request that the participant undergo an assessment under subparagraph (5)(b)(i) or an examination under subparagraph (5)(b)(ii) unless the CEO is satisfied that the report of the assessment or examination would provide information that the CEO cannot otherwise reasonably obtain. (6) If: (a) information or one or more reports are requested under subsection (5); and (b) the information and each such report are received by the CEO within 90 days, or such longer period as is specified in the request, after that information or report is requested; the CEO must, within 14 days after the last information or report is received: (c) make the decision under subsection (1); or (d) make a further request under subsection (5). (7) If: (a) information or one or more reports are requested under subsection (5); and (b) the information and each such report are not received by the CEO within 90 days, or such longer period as is specified in the request, after that information or report is requested; the CEO must revoke the participant's status as a participant in the National Disability Insurance Scheme, unless the CEO is satisfied that it was reasonable for the participant, or the other person mentioned in paragraph (5)(a), not to have complied with the request made by the CEO within that period. (7A) In deciding for the purposes of subsection (7) whether or not it was reasonable for a participant or other person not to have complied with a request within a particular period, the CEO must have regard to the following matters: (a) the length of that period; (b) any previous failures by the participant to comply with a request for information made under this Act; (c) any previous failures by the other person to comply with a request for information made under this Act in relation to the participant; (d) the length of time since the CEO was last provided with information relevant to the making of the decision under subsection (1); (e) whether the failure to comply with the request was beyond the control of the participant or other person because of a delay in the provision of information to the participant or other person; (f) any matters prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph; (g) any other matters the CEO considers relevant. Notice of decisions (8) The CEO must give a participant written notice of the following: (a) a decision of the CEO that the circumstance mentioned in subsection (1) applies in relation to the participant; (b) a decision under paragraph (1)(a) or (b) in relation to the participant; (c) a decision under paragraph (1)(c) or subsection (7) to revoke the participant's status as a participant in the National Disability Insurance Scheme. (9) The notice must state: (a) any details prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph; and (b) if paragraph (8)(c) applies—the date on which the revocation takes effect. 32 Division 2 of Part 2 of Chapter 3 (after the heading) Insert: Subdivision A—Facilitating preparation of participants' plans 33 Before subsection 32(1) Insert: Initial plan 34 Subsection 32(2) After "participant's plan", insert "under subsection (1)". 35 At the end of section 32 Add: Subsequent plans (3) The CEO must also facilitate the preparation of a plan for a participant if: (a) the CEO decides under subparagraph 48(7)(b)(ii) or 49(1)(b)(ii) to prepare a new plan with the participant; or (b) the CEO gives the participant notice under subsection 32B(2) that the participant is to have new framework plans. (4) The CEO must commence facilitating the preparation of the participant's plan under subsection (3): (a) unless paragraph (b) applies—as soon as practicable after the event mentioned in paragraph (3)(a) or (b) occurs; or (b) if the National Disability Insurance Scheme rules specify a number of days for the purposes of this paragraph—within that number of days after the day the event mentioned in paragraph (3)(a) or (b) occurs. Note: The CEO may suspend the preparation of a new framework plan if information or reports requested for the purposes of the undertaking of an assessment under section 32L are not received (see subparagraph 36(3)(b)(i)). 36 After section 32 Insert: 32A Kinds of plans (1) A new framework plan is a plan prepared in accordance with Subdivision B. (2) An old framework plan is a plan prepared in accordance with Subdivision C. 32B Participants that are to have new framework plans (1) The National Disability Insurance Scheme rules may specify: (a) classes of participants that are to have new framework plans; and (b) for each class so specified—the period within which the CEO must give notice under subsection (2) to participants in the class. (2) The CEO must, within the period specified for the purposes of paragraph (1)(b) for a class, give a participant in the class written notice that the participant is to have new framework plans. (3) The notice must include the details (if any) specified in the National Disability Insurance Scheme rules for the purposes of this subsection. 32BA Notice of impairments Giving notice of impairments (1) The CEO must give a participant a notice in writing in accordance with subsection (2): (a) as soon as practicable after the participant becomes a participant; or (b) if a circumstance specified in the National Disability Insurance Scheme rules for the purposes of this paragraph applies in relation to the participant. (2) The notice must state: (a) if the participant meets the disability requirements—the categories of impairments under subsection (3) that cover the impairments in relation to which the participant meets those requirements; and (b) if the participant meets the early intervention requirements because of subparagraph 25(1)(a)(i) or (ii)—the categories of impairments under subsection (3) that cover the impairments in relation to which the participant meets those requirements; and (c) if the participant meets the early intervention requirements because of subparagraph 25(1)(a)(iii)—that the participant has developmental delay. (3) Each of the following is a category of impairments for the purposes of paragraphs (2)(a) and (b): (a) intellectual impairments; (b) cognitive impairments; (c) neurological impairments; (d) sensory impairments; (e) physical impairments; (f) impairments to which a psychosocial disability is attributable. (4) A notice given under paragraph (1)(b) replaces any previous notice given under paragraph (1)(a) or (b) to the participant. Varying notice of impairments (5) The CEO may vary a notice given under subsection (1) if: (a) either: (i) the participant applies for the variation in accordance with subsection (6); or (ii) circumstances specified in the National Disability Insurance Scheme rules for the purposes of this subparagraph exist; and (b) the CEO is satisfied that a statement in the notice is not, or is no longer, correct; and (c) any other conditions specified in the National Disability Insurance Scheme rules for the purposes of this paragraph are met. (6) An application under subparagraph (5)(a)(i) 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. Subdivision B—Content of new framework plans 32C Application of this Subdivision This Subdivision applies in relation to a plan for a participant if: (a) a new framework plan has at any time come into effect for the participant; or (b) the participant has been given a notice under subsection 32B(2) that the participant is to have new framework plans; or (c) the CEO starts to prepare the plan after the end of the following period starting on the commencement of this section: (i) 5 years (subject to subparagraph (ii)); (ii) such shorter or longer period as is specified in the National Disability Insurance Scheme rules for the purposes of this subparagraph. Note: If this Subdivision does not apply in relation to a plan for a participant, see Subdivision C. 32D Matters that must be included in a participant's plan Participant's statement of goals and aspirations (1) A participant's plan must include a statement (the participant's statement of goals and aspirations) prepared by the participant that specifies: (a) the goals, objectives and aspirations of the participant; and (b) the environmental and personal context of the participant's living, including the participant's: (i) living arrangements; and (ii) informal community supports and other community supports; and (iii) social and economic participation. Statement of participant supports (2) A participant's plan must include a statement (the statement of participant supports), prepared with the participant and approved by the CEO, that specifies: (a) the participant's reasonable and necessary budget in accordance with sections 32E to 32K; and (b) the general supports (if any) that will be provided to, or in relation to, the participant; and (c) having regard to the needs assessment report for the plan, whichever of the following applies: (i) that the participant meets the disability requirements; (ii) that the participant meets the early intervention requirements; (iii) that the participant meets both the disability requirements and the early intervention requirements; and (d) the plan's maximum period of effect, starting on the day the plan is approved; and (e) any circumstances in which the Agency must reassess the plan under Division 4; and (f) the management of the funding for supports under the plan (see also Division 3); and (g) the management of other aspects of the plan. How general supports may be specified in plan (3) The general supports that will be provided under the National Disability Insurance Scheme may be specifically identified in the plan or described generally, whether by reference to a specified purpose or otherwise. Time limits for approving statement of participant supports (4) The CEO must decide whether or not to approve the statement of participant supports: (a) within the period worked out in accordance with the National Disability Insurance Scheme rules prescribed for the purposes of this paragraph (which may take account of section 36 (information and reports) and subsection 32L(7) (replacement assessments under section 32L)); or (b) if there are no such rules—as soon as reasonably practicable, including what is reasonably practicable having regard to section 36 (information and reports) and subsection 32L(7) (replacement assessments under section 32L). (5) However, subsection (4) does not apply if the preparation of the participant's plan is suspended under subparagraph 36(3)(b)(i) (which deals with failure to provide information or reports for an assessment under section 32L). Requirements for CEO in approving statement of participant supports (6) In deciding whether or not to approve a statement of participant supports under subsection (2), the CEO must: (a) have regard to the participant's statement of goals and aspirations; and (b) for any general supports specified under paragraph (2)(b)—be satisfied: (i) that the supports will be, or are likely to be, effective and beneficial for the participant, having regard to current good practice; and (ii) of any other matters specified in the National Disability Insurance Scheme rules for the purposes of this subparagraph; and (c) have regard to the principle that a participant should manage the participant's plan to the extent that the participant wishes to do so; and (d) have regard to the operation and effectiveness of any previous plans of the participant; and (e) have regard to whether section 46 (acquittal of NDIS amounts) was complied with in relation to any previous plan for the participant; and (f) be satisfied of any matters specified in the National Disability Insurance Scheme rules for the purposes of this paragraph. Agency‑managed funding—supports to be provided only by a registered NDIS provider (7) To the extent that the funding for supports under a participant's plan is managed by the Agency, the plan must provide that the supports are to be provided only by a registered NDIS provider. Plan may deal with additional matters (8) A participant's plan may include additional matters, including such additional matters as are prescribed by the National Disability Insurance Scheme rules. Note: For example, a participant's plan may include arrangements for ongoing contact with the Agency. Statement of goals and aspirations to be recorded in writing (9) A participant's statement of goals and aspirations need not be prepared by the participant in writing, but if it is prepared other than in writing, the Agency must record it in writing. Note: Section 38 requires a copy of a participant's plan to be provided to the participant. 32E Reasonable and necessary budget—entitlement to flexible funding or stated supports (1) A participant's reasonable and necessary budget must provide that funding will be provided under the plan to or in relation to the participant in accordance with subsections (2) and (3), so far as they are applicable. Flexible funding (2) If the needs assessment report for the plan indicates that the participant needs at least some supports that are NDIS supports but not stated supports for the participant, the reasonable and necessary budget must provide: (a) that certain funding (flexible funding), up to a specified amount (the total funding amount), will be provided under the plan to or in relation to the participant for those supports; and (b) that the flexible funding may be spent on any NDIS supports for the participant and only on such supports, subject to any restrictions under subsection 32F(6) that require the funding to be spent on particular supports. Note 1: For additional rules about flexible funding, see section 32F. Note 2: The total funding amount for flexible funding is worked out under section 32K. Note 3: The reasonable and necessary budget may specify requirements relating to the acquisition or provision of supports (see section 32H). Note 4: A debt may arise if funding is spent on supports that are not NDIS supports or if it is spent other than in accordance with the plan (see subsections 46(1) to (1B) (acquittal of NDIS amounts) and 182(3) (debts due to the Agency)). Stated supports (3) If: (a) the needs assessment report for the plan indicates that the participant needs a particular support or class of supports; and (b) the support, or each support in the class, is both an NDIS support and a stated support for the participant; the reasonable and necessary budget must provide, for each such support or class of supports: (c) that certain funding will be provided under the plan to or in relation to the participant for that support or class of supports; and (d) that the funding provided for that support or class of supports may be spent: (i) only on the support, or supports in the class, for which the particular funding is provided; and (ii) only on supports that are NDIS supports for the participant. Note 1: For additional rules about stated supports, see section 32G. Note 2: The reasonable and necessary budget may specify requirements relating to the acquisition or provision of supports (see section 32H). Note 3: A debt may arise if funding is spent on supports that are not NDIS supports or if it is spent other than in accordance with the plan (see subsections 46(1) to (1B) (acquittal of NDIS amounts) and 182(3) (debts due to the Agency)). (4) A support is a stated support for a participant if the support is declared by National Disability Insurance Scheme rules made for the purposes of this subsection to be a stated support: (a) for participants generally; or (b) for a class of participants that includes the participant. 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). 32F Reasonable and necessary budget—flexible funding (1) This section applies if a participant's reasonable and necessary budget provides that flexible funding is to be provided under the plan. Funding periods for flexible funding (2) The reasonable and necessary budget must provide: (a) that the flexible funding will be provided under the plan during specified periods (each of which is a funding period); and (b) when each funding period for that funding starts and ends; and (c) the proportion of the total funding amount for flexible funding that will be provided under the plan during each of those funding periods. (3) For the purposes of paragraph (2)(b): (a) a funding period must be no more than 12 months; and (b) the duration of a particular funding period may be different from the duration of any other funding period; and (c) the first funding period for flexible funding must start on the day the plan comes into effect; and (d) each other funding period for flexible funding must start immediately after the end of the immediately preceding funding period for that funding. (4) For the purposes of paragraph (2)(c), the proportion for a particular funding period may be nil. Rolling over unspent funding (5) The reasonable and necessary budget must provide that the amount of flexible funding that will be provided during a funding period will be increased above the proportion provided for the funding period under paragraph (2)(c) by an amount equal to the amount by which: (a) the amount of flexible funding that could have been provided under the plan during the immediately preceding funding period; exceeds (b) the amount of flexible funding that was actually provided. Restriction on how flexible funding is spent (6) If the CEO is satisfied that a circumstance mentioned in subsection (7) exists, the reasonable and necessary budget may provide that the provision of flexible funding under the plan is subject to the restriction that one or more specified proportions of the flexible funding provided during specified funding periods may be spent only on specified NDIS supports for the participant. (7) For the purposes of subsection (6), the circumstances are as follows: (a) the participant would be likely to suffer physical, mental or financial harm if the flexible funding were not subject to the restriction; (b) section 46 (acquittal of NDIS amounts) has not been complied with in relation to any of the participant's plans; (c) a circumstance prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph. Note: National Disability Insurance Scheme rules may be made in relation to this section under section 32J. 32G Reasonable and necessary budget—stated supports (1) This section applies if a participant's reasonable and necessary budget provides that funding will be provided under the plan for a particular stated support or a particular class of stated supports. Specifying either a total funding amount or requirements for provision or acquisition of stated supports (2) The reasonable and necessary budget must, for each stated support or class of stated supports, do at least one of the following: (a) provide that funding will only be provided under the plan for the support or class of supports up to an amount (the total funding amount) specified for the purposes of this paragraph for the support or class of supports; (b) specify requirements under subsection 32H(1) in relation to the acquisition or provision of the support or class of supports. Note: The total funding amount for a stated support or class of stated supports is worked out under section 32K. Funding periods for stated supports (3) Subject to subsection (4), the reasonable and necessary budget must, for each stated support or class of stated supports for which a total funding amount is specified, provide: (a) that funding will be provided under the plan for the support or class of supports during periods (each of which is a funding period) specified for the support or class of supports; and (b) when each funding period for the support or class of supports starts and ends; and (c) the proportion of the total funding amount for the support or class of supports that will be provided under the plan during each funding period for the support or class of supports. (4) The National Disability Insurance Scheme rules may provide that subsection (3) does not apply in relation to supports prescribed for the purposes of this subsection. (5) For the purposes of paragraph (3)(b): (a) a funding period must be no more than 12 months; and (b) the duration of a particular funding period may be different from the duration of any other funding period; and (c) the first funding period for a stated support or class of stated supports must start on the day the plan comes into effect; and (d) each other funding period for a stated support or class of stated supports must start immediately after the end of the immediately preceding funding period for that support or class of supports. Rolling over unspent funding (6) If the reasonable and necessary budget provides as mentioned in subsection (3), it must also provide that the amount of funding that will be provided during a funding period for a stated support or class of stated supports will be increased above the proportion provided for the funding period under paragraph (3)(c) by an amount equal to the amount by which: (a) the amount of funding that could have been provided for that stated support or class of stated supports under the plan during the immediately preceding funding period; exceeds (b) the amount of funding that was actually provided for that stated support or class of stated supports. Note: National Disability Insurance Scheme rules may be made in relation to this section under section 32J. 32H Reasonable and necessary budget—requirements relating to acquisition or provision of supports (1) A participant's reasonable and necessary budget may provide that flexible funding, or funding for stated supports, will be provided under the plan for particular supports specified in the plan only if specified requirements are complied with in relation to the acquisition or provision of the supports. (2) Requirements specified under subsection (1) may include the following: (a) a requirement that the supports be provided by a specified person or persons in a specified class; (b) a requirement that a specified process be undertaken before the supports are acquired or provided; (c) a requirement that specified conditions be satisfied in relation to the participant before the supports are acquired or provided; (d) a requirement to comply with any requirements specified in the National Disability Insurance Scheme rules for the purposes of this paragraph. Note: National Disability Insurance Scheme rules may be made in relation to this section under section 32J. 32J Reasonable and necessary budget—National Disability Insurance Scheme rules The National Disability Insurance Scheme rules may make provision for determining any matter for the purposes of section 32F, 32G or 32H, including but not limited to: (a) requirements with which the CEO must comply; and (b) methods or criteria that the CEO is to apply; and (c) matters that the CEO may, must or must not take into account; in making a decision under any of those sections. 32K Reasonable and necessary budget—working out total funding amounts (1) The following amounts specified in the reasonable and necessary budget must be worked out by applying the information in the needs assessment report for the plan, in so far as the report relates to the participant's need for NDIS supports arising from impairments in relation to which the participant meets the disability requirements or the early intervention requirements, in accordance with the applicable method specified in the National Disability Insurance Scheme rules for the purposes of this subsection: (a) the total funding amount for flexible funding (see paragraph 32E(2)(a)); (b) the total funding amount for a stated support or class of stated supports (see paragraph 32G(2)(a)). Note: In making National Disability Insurance Scheme rules for the purposes of this subsection, the Minister must have regard to the objects and principles of this Act (see in particular the principles set out in subsections 4(5), (9A) and (11)) and the financial sustainability of the National Disability Insurance Scheme: see subsection 209(3). (3A) The Minister must also be satisfied that those rules adequately take account of the variety of factors that may affect a participant's need for NDIS supports. Note: Examples of those factors include environmental factors, and a participant's need for NDIS supports arising from an impairment in relation to which the participant meets the disability requirements or the early intervention requirements being impacted by another impairment in relation to which the participant does not meet either of those requirements. (4) Without limiting subsection (1), National Disability Insurance Scheme rules made for the purposes of that subsection may relate to how to take into account: (a) lump sum compensation payments that specifically include an amount for the cost of supports; and (b) lump sum compensation payments that do not specifically include an amount for the cost of supports; and (c) periodic compensation payments that the CEO is satisfied include an amount for the cost of supports; and (d) amounts that a participant or prospective participant did not receive by way of a compensation payment because he or she entered into an agreement to give up his or her right to compensation; and (e) supports in respect of personal injury that may be funded or provided under a scheme of insurance, or under a Commonwealth, State or Territory law. (5) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901 or subsection 209(1A) of this Act, National Disability Insurance Scheme rules made for the purposes of subsection (1) of this section may make different provision in relation to: (a) different classes of participants; and (b) for the purposes of paragraph (1)(b) of this section—different classes of stated supports. 32L Assessment of participant's need for supports CEO to arrange assessment of participant's need for supports (1) The CEO must arrange for an assessment of a participant's disability support needs to be undertaken as soon as practicable after the CEO commences the preparation of a plan for a participant. What an assessment covers (2) The assessment must be undertaken using the assessment tool, and in accordance with any other requirements (including requirements for the purpose of assessing whether a participant's disability support needs arise from impairments in relation to which the participant meets the disability requirements or the early intervention requirements), specified in the National Disability Insurance Scheme rules for the purposes of this subsection. (4) The assessment must: (a) have regard to any information and reports requested under subsection 36(2) for the purposes of the assessment; and (b) may have regard to any other information held in the records of the Agency that relates to the person. Needs assessment reports (5) A report of the assessment must be prepared and given to the CEO as soon as practicable after the assessment is completed. (6) The report must: (a) identify the participant's disability support needs arising from impairments in relation to which the participant meets the disability requirements or the early intervention requirements; and (b) include any information, and meet any requirements, specified in the National Disability Insurance Scheme rules for the purposes of this paragraph. Note 1: The time at which the disability requirements or the early intervention requirements need to be met for the purposes of this section is the time the assessment is completed. Note 2: A participant's disability support needs arising from an impairment in relation to which the participant meets the disability requirements or the early intervention requirements may be affected by a variety of factors, including environmental factors or the impact of another impairment in relation to which the participant does not meet either of those requirements. (6A) The CEO must give the participant a copy of the report as soon as practicable after the CEO receives the report. Replacement assessments (7) If: (a) an assessment (the existing assessment) has been undertaken under subsection (1) or paragraph (c) of this subsection in connection with a plan; and (b) in deciding whether or not to approve a statement of participant supports for the plan, the CEO is satisfied that another assessment (the replacement assessment) of the participant's need for supports should be undertaken; then: (c) the CEO must arrange for the replacement assessment to be undertaken; and (d) subsections (2) to (6) apply in relation to the replacement assessment in the same way as they applied in relation to the existing assessment; and (e) the replacement assessment is taken to replace the existing assessment; and (f) the needs assessment report prepared for the replacement assessment is taken to replace the needs assessment report prepared for the existing assessment. Note: In reviewing a decision to approve a statement of participant supports, a reviewer or the Administrative Appeals Tribunal has all the powers of the CEO in making the original decision and must therefore arrange for a replacement assessment to be undertaken if satisfied as mentioned in paragraph (b) (subject to any applicable National Disability Insurance Scheme rules). (7A) The National Disability Insurance Scheme rules may make provision for determining any matter for the purposes of paragraph (7)(b), including by prescribing: (a) circumstances in which the CEO must or must not decide under that paragraph that another assessment should be undertaken; or (b) 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 making a decision under that paragraph whether another assessment should be undertaken. National Disability Insurance Scheme rules (9) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901 or subsection 209(1A) of this Act, National Disability Insurance Scheme rules made for the purposes of this section may make different provision for different classes of participants. Note: In making National Disability Insurance Scheme rules for the purposes of this section, the Minister must have regard to the objects and principles of this Act (see in particular the principles set out in subsections 4(5), (9A) and (11)) and the financial sustainability of the National Disability Insurance Scheme: see subsection 209(3). Subdivision C—Content of old framework plans 32M Application of this Subdivision This Subdivision applies in relation to a plan for a participant unless Subdivision B applies in relation to the plan. Note: For when Subdivision B applies in relation to a plan, see section 32C. 37 Before subsection 33(1) Insert: Participant's statement of goals and aspirations 38 Before subsection 33(2) Insert: Statement of participant supports 39 After subsection 33(2) Insert: Total funding amounts, funding component amounts and funding periods (2A) In addition to the matters mentioned in paragraphs (2)(a) to (e), the statement of participant supports must: (a) specify that funding will be provided under the plan to or in relation to the participant, for all reasonable and necessary supports funded under the plan taken as a whole, up to a specified amount (the total funding amount) worked out under subsection (2B); and (b) in accordance with any requirements determined under subsection (2E) for the purposes of this paragraph, categorise the reasonable and necessary supports specified under paragraph (2)(b) into one or more groups of supports identified in the statement; and (c) specify that funding will be provided under the plan to or in relation to the participant, for supports in each group identified under paragraph (b) of this subsection, up to an amount (a funding component amount) specified in the statement for the group that is worked out in accordance with any requirements determined under subsection (2E) for the purposes of this paragraph; and (d) specify that funding will be provided under the plan to or in relation to the participant for reasonable and necessary supports during specified periods (each of which is a funding period). Note: For paragraph (b), if the statement specifies only a single reasonable and necessary support or class of such supports, the support or class may be categorised and identified as a single group. (2B) For the purposes of paragraph (2A)(a), the total funding amount specified in a statement of participant supports must be an amount equal to: (a) if the statement specifies more than one funding component amount—the sum of those amounts; or (b) if the statement specifies a single funding component amount—that amount. (2C) For the purposes of paragraph (2A)(d), the statement must: (a) specify funding periods for funding for either: (i) all reasonable and necessary supports funded under the plan, taken as a whole; or (ii) each group of supports identified under paragraph (2A)(b); and (b) specify when each funding period starts and ends; and (c) specify, for each funding period: (i) if funding periods are specified as mentioned in subparagraph (a)(i) of this subsection—the proportion of the total funding amount that will be provided as funding under the plan, during the funding period, for reasonable and necessary supports; or (ii) if funding periods are specified as mentioned in subparagraph (a)(ii) of this subsection—the proportion of the funding component amount for the group of supports to which the funding period relates that will be provided as funding under the plan, during the funding period, for supports in the group; and (d) if funding periods are specified as mentioned in subparagraph (a)(i) of this subsection—specify that the amount of funding for reasonable and necessary supports that will be provided during a funding period will be increased above the proportion specified for the funding period under subparagraph (c)(i) of this subsection by an amount equal to the amount by which: (i) the amount of funding that could have been provided under the plan for reasonable and necessary supports during the immediately preceding funding period; exceeds (ii) the amount of funding that was actually provided for such supports; and (e) if funding periods are specified as mentioned in subparagraph (a)(ii) of this subsection—specify that the amount of funding, for supports in a group to which a funding component amount relates, that will be provided during a funding period for that group will be increased above the proportion specified for the funding period under subparagraph (c)(ii) of this subsection by an amount equal to the amount by which: (i) the amount of funding that could have been provided under the plan for supports in that group during the immediately preceding funding period for that group; exceeds (ii) the amount of funding that was actually provided for supports in that group. (2D) For the purposes of paragraph (2C)(b): (a) a funding period must be no more than 12 months; and (b) the duration of a particular funding period may be different from the duration of any other funding period; and (c) without limiting paragraph (b) of this subsection, if the funding periods are specified as mentioned in subparagraph (2C)(a)(ii), then the duration of the funding periods for one group of supports identified in the plan under paragraph (2A)(b) may be different from the duration of funding periods for any other group of supports identified in the plan under paragraph (2A)(b); and (d) if funding periods are specified as mentioned in subparagraph (2C)(a)(i): (i) the first funding period must start on a day worked out in accordance with any requirements determined under subsection (2E) for the purposes of this subparagraph; and (ii) each other funding period must start immediately after the end of the immediately preceding funding period; and (e) if funding periods are specified as mentioned in subparagraph (2C)(a)(ii): (i) the first funding period for a group of supports must start on a day worked out in accordance with any requirements determined under subsection (2E) for the purposes of this subparagraph; and (ii) each other funding period for the group of supports must start immediately after the end of the immediately preceding funding period for that group. (2E) The Minister may, by legislative instrument, determine: (a) requirements for categorising reasonable and necessary supports into groups for the purposes of paragraph (2A)(b); and (b) how to work out a funding component amount for a group of supports; and (c) how to work out when a first funding period is to start for the purposes of subparagraph (2D)(d)(i) or (e)(i); and (d) requirements with which the CEO must comply, methods or criteria that the CEO is to apply, and matters that the CEO may, must or must not take into account, in doing any of the following: (i) working out a funding component amount; (ii) s