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

Compilation #0 | Effective 2024-09-05

FRBR Work URI: /akn/au/act/2024/81

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1 Short title

This Act is the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Act 2024.

2 Commencement

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.

Note: This table relates only to the provisions of this Act as originally enacted.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.

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Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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instrument) amended or inserted by this Act, and any other provisions of the principal instrument, may be amended or repealed by an instrument made under the enabling provision for the principal instrument.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

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.

The persons who conduct the review must:

consult with the public in conducting the review; and

give the Minister a written report of the review in sufficient time to enable the Minister to comply with subsection (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

The Minister must, within 5 days after the commencement of this Act, prepare and publish a statement of the proposed timeframes for:

seeking the agreement of the States and Territories to make the following:

new category A rules;

new category C rules; and

undertaking consultation with the States and Territories on the following:

new category D rules;

new legislative instruments;

transitional rules; and

undertaking consultation with the disability community on the following:

new category A rules;

new category C rules;

new category D rules;

new legislative instruments;

transitional rules.

The Minister must prepare and publish an updated statement of the proposed timeframes as soon as practicable after a change in the proposed timeframes.

A statement prepared under subsection (1) or (2) must be published on a website maintained by the Department administered by the Minister.

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):

subsections 10(1) and (4);

section 27;

subsection 29(3);

paragraph 30(6A)(f);

subsections 30A(1) and (2) and paragraphs 30A(7A)(f) and (9)(a);

subparagraph 32D(6)(b)(ii), paragraph 32D(6)(f) and subsection 32D(8);

subsection 32E(4);

paragraph 32F(7)(c);

subsection 32G(4);

paragraph 32H(2)(d);

section 32J;

subsection 32L(7A);

paragraph 36(3A)(f);

subsection 41(3);

paragraph 43(2C)(c) and subsection 43(2D);

subparagraph 44(1)(b)(ii) and subsections 44(3), (4) and (5);

subparagraph 47A(1AB)(j)(iii) and paragraph 47A(2A)(f);

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):

paragraph 32(4)(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):

subsection 32B(3);

paragraph 45(5)(e);

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):

subsection 32B(1);

subsection 32C(2);

subsection 32K(2);

subsection 32L(8);

subsection 33(2E).

transitional rules means rules proposed to be made under subitem 138(1) of Schedule 1 to this Act.