disability strategies agreed to by the Commonwealth and each host jurisdiction from time to time; and

individual plans under which certain supports (called NDIS supports) will be funded for certain people (called participants) (Chapter 3).

if the host jurisdiction is a State—the Premier of the State; or

if the host jurisdiction is a Territory—the Chief Minister of the Territory.

for flexible funding provided under a new framework plan—has the meaning given by paragraph 32F(2)(a); and

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

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).

a member of the Aboriginal race of Australia; or

a descendant of an Indigenous inhabitant of the Torres Strait Islands.

a member of the Ministerial Council; or

if the host jurisdiction is a State—the Premier of the State; or

if the host jurisdiction is a Territory—the Chief Minister of the Territory.

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

if the plan is an old framework plan—the date specified in the plan under paragraph 33(2)(c).

for flexible funding provided under a new framework plan—means the amount specified in the plan under paragraph 32E(2)(a); and

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

for reasonable and necessary supports funded under an old framework plan—means an amount specified in the plan under paragraph 33(2A)(a).

participants or prospective participants generally; or

a class of participants or prospective participants that includes the person.

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

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.

the declaration of the support implements Australia’s obligations under:

the Convention on the Rights of Persons with Disabilities done at New York on 13 December 2006; or

any other agreement with one or more other countries;

the declaration of the support enables the provision of sickness benefits.

participants or prospective participants generally; or

a class of participants or prospective participants.

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

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.

the support is prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph; and

the support would, apart from subsection (4), be an NDIS support for the participant; and

the participant applies to the CEO in accordance with subsection (7) for the determination; and

the CEO is satisfied that:

the support would replace one or more other supports that are NDIS supports for the participant; and

the cost of the support is the same or lower than the total of the costs of the supports it would replace; and

the support would provide the same or a better outcome for the participant than the supports it would replace; and

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.

be in the form (if any) approved by the CEO; and

include any information, and be accompanied by any documents, required by the CEO; and

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.

sexual services; or

alcohol; or

drugs, the possession of which is a contravention of a law of the Commonwealth, a State or a Territory.

either of the following apply:

the CEO decides that the person does not meet the access criteria, or is taken to have so decided because of subsection 21(3);

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;

whether or not the prospective participant meets the disability requirements; and

whether or not the prospective participant meets the early intervention requirements.

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

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.

the date on which the person became a participant; and

whichever of the following applies:

that the CEO is satisfied the participant meets the early intervention requirements;

that the CEO is satisfied the participant meets the disability requirements;

that the CEO is satisfied the participant meets both the early intervention requirements and the disability requirements.

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;

subject to subsection (3A), that the participant do either or both of the following:

undergo an assessment and provide to the CEO the report, in the approved form, of the person who conducts the assessment;

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.

information or one or more reports are requested under subsection (3); and

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;

decide whether or not to revoke the participant’s status as a participant in the National Disability Insurance Scheme; or

make a further request under subsection (3).

information or one or more reports are requested under subsection (3); and

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 length of that period;

any previous failures by the participant to comply with a request for information made under this Act;

any previous failures by the other person to comply with a request for information made under this Act in relation to the participant;

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;

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;

any matters prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph;

any other matters the CEO considers relevant.

decide whether or not the participant meets the early intervention requirements; and

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

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.

that the participant, or another person, provide information that is reasonably necessary for making the decision;

subject to subsection (5A), that the participant do either or both of the following:

undergo an assessment and provide to the CEO the report, in the approved form, of the person who conducts the assessment;

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.

information or one or more reports are requested under subsection (5); and

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;

make the decision under subsection (1); or

make a further request under subsection (5).

information or one or more reports are requested under subsection (5); and

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 length of that period;

any previous failures by the participant to comply with a request for information made under this Act;

any previous failures by the other person to comply with a request for information made under this Act in relation to the participant;

the length of time since the CEO was last provided with information relevant to the making of the decision under subsection (1);

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;

any matters prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph;

any other matters the CEO considers relevant.

a decision of the CEO that the circumstance mentioned in subsection (1) applies in relation to the participant;

a decision under paragraph (1)(a) or (b) in relation to the participant;

a decision under paragraph (1)(c) or subsection (7) to revoke the participant’s status as a participant in the National Disability Insurance Scheme.

any details prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph; and

if paragraph (8)(c) applies—the date on which the revocation takes effect.

the CEO decides under subparagraph 48(7)(b)(ii) or 49(1)(b)(ii) to prepare a new plan with the participant; or

the CEO gives the participant notice under subsection 32B(2) that the participant is to have new framework plans.

unless paragraph (b) applies—as soon as practicable after the event mentioned in paragraph (3)(a) or (b) occurs; or

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.

classes of participants that are to have new framework plans; and

for each class so specified—the period within which the CEO must give notice under subsection (2) to participants in the class.

as soon as practicable after the participant becomes a participant; or

if a circumstance specified in the National Disability Insurance Scheme rules for the purposes of this paragraph applies in relation to the participant.

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

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

if the participant meets the early intervention requirements because of subparagraph 25(1)(a)(iii)—that the participant has developmental delay.

intellectual impairments;

cognitive impairments;

neurological impairments;

sensory impairments;

physical impairments;

impairments to which a psychosocial disability is attributable.

either:

the participant applies for the variation in accordance with subsection (6); or

circumstances specified in the National Disability Insurance Scheme rules for the purposes of this subparagraph exist; and

the CEO is satisfied that a statement in the notice is not, or is no longer, correct; and

any other conditions specified in the National Disability Insurance Scheme rules for the purposes of this paragraph are met.

be in the form (if any) approved by the CEO; and

include any information, and be accompanied by any documents, required by the CEO; and

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.

a new framework plan has at any time come into effect for the participant; or

the participant has been given a notice under subsection 32B(2) that the participant is to have new framework plans; or

the CEO starts to prepare the plan after the end of the following period starting on the commencement of this section:

5 years (subject to subparagraph (ii));

such shorter or longer period as is specified in the National Disability Insurance Scheme rules for the purposes of this subparagraph.

the goals, objectives and aspirations of the participant; and

the environmental and personal context of the participant’s living, including the participant’s:

living arrangements; and

informal community supports and other community supports; and

social and economic participation.

the participant’s reasonable and necessary budget in accordance with sections 32E to 32K; and

the general supports (if any) that will be provided to, or in relation to, the participant; and

having regard to the needs assessment report for the plan, whichever of the following applies:

that the participant meets the disability requirements;

that the participant meets the early intervention requirements;

that the participant meets both the disability requirements and the early intervention requirements; and

the plan’s maximum period of effect, starting on the day the plan is approved; and

any circumstances in which the Agency must reassess the plan under Division 4; and

the management of the funding for supports under the plan (see also Division 3); and

the management of other aspects of the plan.

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

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).

have regard to the participant’s statement of goals and aspirations; and

for any general supports specified under paragraph (2)(b)—be satisfied:

that the supports will be, or are likely to be, effective and beneficial for the participant, having regard to current good practice; and

of any other matters specified in the National Disability Insurance Scheme rules for the purposes of this subparagraph; and

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

have regard to the operation and effectiveness of any previous plans of the participant; and

have regard to whether section 46 (acquittal of NDIS amounts) was complied with in relation to any previous plan for the participant; and

be satisfied of any matters specified in the National Disability Insurance Scheme rules for the purposes of this paragraph.

(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

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.

the needs assessment report for the plan indicates that the participant needs a particular support or class of supports; and

the support, or each support in the class, is both an NDIS support and a stated support for the participant;

that certain funding will be provided under the plan to or in relation to the participant for that support or class of supports; and

that the funding provided for that support or class of supports may be spent:

only on the support, or supports in the class, for which the particular funding is provided; and

only on supports that are NDIS supports for the participant.

for participants generally; or

for a class of participants that includes the participant.

(a) that the flexible funding will be provided under the plan during specified periods (each of which is a funding period); and

when each funding period for that funding starts and ends; and

the proportion of the total funding amount for flexible funding that will be provided under the plan during each of those funding periods.

a funding period must be no more than 12 months; and

the duration of a particular funding period may be different from the duration of any other funding period; and

the first funding period for flexible funding must start on the day the plan comes into effect; and

each other funding period for flexible funding must start immediately after the end of the immediately preceding funding period for that funding.

the amount of flexible funding that could have been provided under the plan during the immediately preceding funding period; exceeds

the amount of flexible funding that was actually provided.

the participant would be likely to suffer physical, mental or financial harm if the flexible funding were not subject to the restriction;

section 46 (acquittal of NDIS amounts) has not been complied with in relation to any of the participant’s plans;

a circumstance prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph.

(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;

specify requirements under subsection 32H(1) in relation to the acquisition or provision of the support or class of supports.

(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

when each funding period for the support or class of supports starts and ends; and

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.

a funding period must be no more than 12 months; and

the duration of a particular funding period may be different from the duration of any other funding period; and

the first funding period for a stated support or class of stated supports must start on the day the plan comes into effect; and

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.

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

the amount of funding that was actually provided for that stated support or class of stated supports.

a requirement that the supports be provided by a specified person or persons in a specified class;

a requirement that a specified process be undertaken before the supports are acquired or provided;

a requirement that specified conditions be satisfied in relation to the participant before the supports are acquired or provided;

a requirement to comply with any requirements specified in the National Disability Insurance Scheme rules for the purposes of this paragraph.

requirements with which the CEO must comply; and

methods or criteria that the CEO is to apply; and

matters that the CEO may, must or must not take into account;

the total funding amount for flexible funding (see paragraph 32E(2)(a));

the total funding amount for a stated support or class of stated supports (see paragraph 32G(2)(a)).

lump sum compensation payments that specifically include an amount for the cost of supports; and

lump sum compensation payments that do not specifically include an amount for the cost of supports; and

periodic compensation payments that the CEO is satisfied include an amount for the cost of supports; and

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

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.

different classes of participants; and

for the purposes of paragraph (1)(b) of this section—different classes of stated supports.

have regard to any information and reports requested under subsection 36(2) for the purposes of the assessment; and

may have regard to any other information held in the records of the Agency that relates to the person.

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

include any information, and meet any requirements, specified in the National Disability Insurance Scheme rules for the purposes of this paragraph.

(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;

the CEO must arrange for the replacement assessment to be undertaken; and

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

the replacement assessment is taken to replace the existing assessment; and

the needs assessment report prepared for the replacement assessment is taken to replace the needs assessment report prepared for the existing assessment.

circumstances in which the CEO must or must not decide under that paragraph that another assessment should be undertaken; or

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.

(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

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).

if the statement specifies more than one funding component amount—the sum of those amounts; or

if the statement specifies a single funding component amount—that amount.

specify funding periods for funding for either:

all reasonable and necessary supports funded under the plan, taken as a whole; or

each group of supports identified under paragraph (2A)(b); and

specify when each funding period starts and ends; and

specify, for each funding period:

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

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

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:

the amount of funding that could have been provided under the plan for reasonable and necessary supports during the immediately preceding funding period; exceeds

the amount of funding that was actually provided for such supports; and

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:

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

the amount of funding that was actually provided for supports in that group.

a funding period must be no more than 12 months; and

the duration of a particular funding period may be different from the duration of any other funding period; and

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

if funding periods are specified as mentioned in subparagraph (2C)(a)(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

each other funding period must start immediately after the end of the immediately preceding funding period; and

if funding periods are specified as mentioned in subparagraph (2C)(a)(ii):

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

each other funding period for the group of supports must start immediately after the end of the immediately preceding funding period for that group.

requirements for categorising reasonable and necessary supports into groups for the purposes of paragraph (2A)(b); and

how to work out a funding component amount for a group of supports; and

how to work out when a first funding period is to start for the purposes of subparagraph (2D)(d)(i) or (e)(i); and

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:

working out a funding component amount;

specifying funding periods for the purposes of paragraph (2C)(a);

deciding any other matter for the purposes of subsection (2A), (2C) or (2D).

the support is necessary to address needs of the participant arising from an impairment in relation to which the participant meets the disability requirements (see section 24) or the early intervention requirements (see section 25);

the support is an NDIS support for the participant.

the time at which the disability requirements or the early intervention requirements need to be met is the time the CEO decides to approve the statement of participant supports; and

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.

the undertaking of an assessment under section 32L for a participant;

preparing a statement of participant supports for a participant;

deciding whether to approve a statement of participant supports for a participant.

the request must specify a period of at least 28 days for the information or reports to be received by the CEO; and

if the CEO does not receive the information or reports within the period specified in the request—the CEO must:

unless subparagraph (ii) applies—suspend the preparation of the new framework plan; or

if the CEO is satisfied that it was reasonable for the participant or the other person mentioned in paragraph (2)(a) not to have complied with the request within that period—make a further request under subsection (2).

the length of that period;

any previous failures by the participant to comply with a request for information made under this Act;

any previous failures by the other person to comply with a request for information made under this Act in relation to the participant;

the length of time since the CEO was last provided with information relevant to the purpose mentioned in paragraph (1)(a), (b) or (c) for which the request was made;

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;

any matters prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph;

any other matters the CEO considers relevant.

the CEO must give the participant written notice of the decision; and

the statement of participant supports in any other plan that is in effect for the participant (whether an old framework plan or a new framework plan) is suspended from the day specified in the notice for the purposes of this paragraph until the day the CEO receives the information or reports requested; and

the CEO must recommence the preparation of the new framework plan if the CEO subsequently receives the information or reports.

may prepare the statement of participant supports, or decide whether to approve a statement of participant supports, before all the information and reports requested are received by the CEO; but

must give the participant or the other person mentioned in paragraph (2)(a) a reasonable opportunity to provide the information and reports.

when the plan is replaced by another plan (see subsection (4));

if the plan is a new framework plan—immediately after the end of the maximum period of effect specified in the plan under paragraph 32D(2)(d);

in any case—when the participant ceases to be a participant.

as mentioned in paragraph 36(4)(b) (which deals with failure to provide information or reports for an assessment under section 32L); and

a person is not entitled to be paid NDIS amounts so far as the amounts relate to supports that are acquired or provided during that period; and

the CEO may, if satisfied that a circumstance mentioned in subsection (2C) exists, decide that:

a person mentioned in subsection (2B) is to manage a particular proportion of flexible funding provided under the plan; or

a person mentioned in subsection (2B) is to manage funding provided under the plan for a particular stated support or class of stated supports; and

the statement of participant supports in the plan must give effect to the decision.

in the case the participant has made a plan management request covered by paragraph (1)(a) and the participant does not have a plan nominee—the participant has been convicted of an offence against a law of the Commonwealth, a State or a Territory that:

is punishable by imprisonment for 2 years or more; or

involves fraud or dishonesty; or

in the case the participant has made a plan management request covered by paragraph (1)(a) and the participant has a plan nominee—the plan nominee has been convicted of an offence against a law of the Commonwealth, a State or a Territory that:

is punishable by imprisonment for 2 years or more; or

involves fraud or dishonesty.

the Agency;

the participant, if the participant has made a plan management request covered by paragraph (1)(a) and the participant does not have a plan nominee;

if:

the participant has a plan nominee; and

the participant has made a plan management request covered by paragraph (1)(a); and

the decision would be consistent with the terms of the plan nominee’s appointment;

a registered plan management provider, if the participant has made a plan management request covered by paragraph (1)(b) that nominates the provider.

the participant would be likely to suffer physical, mental or financial harm were the CEO to not make the decision;

section 46 (acquittal of NDIS amounts) has not been complied with in relation to the plan or any of the participant’s previous plans;

a circumstance prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph.

requirements with which the CEO must comply; and

methods or criteria that the CEO is to apply; and

matters that the CEO may, must or must not take into account;

a participant makes a plan management request covered by paragraph (1)(b); and

subsection 44(2AA) applies in relation to the registered plan management provider;

paragraph (2A)(b) does not apply to funding to the extent that subsection (2AA), (3), (4) or (6) applies to the funding;

subsection (3) or (4) does not apply to funding to the extent that subsection (5) or (6) applies to the funding;

subsection (5) does not apply to funding to the extent that paragraph (2A)(b) applies to the funding.

the participant has been convicted of an offence against a law of the Commonwealth, a State or a Territory that:

is punishable by imprisonment for 2 years or more; or

involves fraud or dishonesty; or

the plan nominee has been convicted of an offence against a law of the Commonwealth, a State or a Territory that:

is punishable by imprisonment for 2 years or more; or

involves fraud or dishonesty; or

the participant;

a registered plan management provider;

a plan nominee.

the plan is a new framework plan that provides that flexible funding will be provided under the plan and the payment would result in any of the following events occurring:

the total amount of flexible funding provided under the plan exceeding the total funding amount specified in the plan under paragraph 32E(2)(a);

the total amount of flexible funding provided under the plan during a funding period exceeding the amount of funding that is to be provided under the plan during the funding period; or

the plan is a new framework plan that provides that funding will be provided under the plan for a stated support, or class of stated supports, and the payment would result in any of the following events occurring:

the total amount of funding provided under the plan for the stated support or class of stated supports exceeding any total funding amount specified in the plan under paragraph 32G(2)(a);

the total amount of funding provided under the plan for the stated support or class of stated supports during a funding period for the support or class of supports exceeding the amount of funding that is to be provided under the plan during the funding period for the support or class of supports; or

the plan is an old framework plan and the payment would result in any of the following events occurring:

the total amount of funding provided under the plan for reasonable and necessary supports exceeding the total funding amount specified in the plan;

the total amount of funding provided under the plan for reasonable and necessary supports in a group of supports to which a funding component amount relates exceeding that funding component amount;

if the plan specifies funding periods for all reasonable and necessary supports funded under the plan, taken as a whole—the total amount of funding provided under the plan for such supports during a funding period exceeding the amount of funding for such supports that is to be provided under the plan during the funding period;

if the plan specifies funding periods for one or more groups of reasonable and necessary supports—the total amount of funding provided under the plan for supports in such a group during a funding period for that group exceeding the amount of funding for supports in that group that is to be provided under the plan during the funding period.

the relevant event would occur because the participant has experienced fraud or financial exploitation; or

making the payment is necessary to prevent or lessen an imminent threat to an individual’s life, health or safety; or

the participant has been unable to request a variation or reassessment of the participant’s plan because of one or more of the participant’s impairments or a lack of decision-making support; or

the participant has requested a variation of the participant’s plan covered by subparagraph 47A(1)(d)(i) or (1AB)(j)(i) (crisis or emergency funding as a result of a significant change to the participant’s support needs), and neither of the following apply:

the CEO has made a decision on the request to vary the plan and the variation has taken effect;

the CEO has made a decision on the request not to vary the plan (including because of the operation of subsection 47A(5)); or

a circumstance prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph exists.

the person who, under the statement of supports in the plan, is to manage the funding for the support, unless paragraph (b) applies; or

if the person mentioned in paragraph (a) is the Agency—the person who provides the support to the participant.

be made in the approved form (if any); and

include any information, and be accompanied by any documents, required by the CEO.

unless paragraph (b) of this subsection applies—2 years;

if the National Disability Insurance Scheme rules prescribe a shorter period for that kind of claim—that period.

there are exceptional circumstances applying to the claim that justify the claim being made after the end of the applicable period; and

the claim was made within a reasonable period having regard to those circumstances.

may spend the money only on NDIS supports for the participant; and

must spend the money in accordance with the participant’s plan (subject to paragraph (a)).

to change the management of the funding for supports under the plan (see sections 43 and 74); or

for a new framework plan—to specify a proportion of flexible funding that may be spent only on specified NDIS supports for the participant (or to change such a proportion); or

for any plan—to reduce the duration of funding periods for particular funding under the plan and the amount of funding that will be provided during any particular funding period.

a participant acquires a support for themselves or a support is provided to a participant; and

either:

the support is not an NDIS support for the participant; or

the participant’s plan is not complied with in connection with the acquisition or provision of the support; and

a payment is made under the National Disability Insurance Scheme in relation to the support, whether to the participant or another person;

to have received an NDIS amount equal to the payment; and

if subparagraph (b)(i) of this subsection applies—to have spent that money other than on NDIS supports for the participant; and

if subparagraph (b)(ii) of this subsection applies—to have not spent that money in accordance with the participant’s plan.

(a) a person (the first person) other than a participant acquires a support for a participant or provides a support to a participant; and

either:

the support is not an NDIS support for the participant; or

the participant’s plan is not complied with in connection with the acquisition or provision of the support; and

a payment is made under the National Disability Insurance Scheme in relation to the support, whether to the first person or any other person;

to have received an NDIS amount on behalf of the participant that is equal to the payment; and

if subparagraph (b)(i) of this subsection applies—to have spent that money other than on NDIS supports for the participant; and

if subparagraph (b)(ii) of this subsection applies—to have not spent that money in accordance with the participant’s plan.

a variation of the participant’s reasonable and necessary budget covered by subsection (1AB);

a variation relating to the general supports (if any) that will be provided to or in relation to the participant under the plan;

a variation of the statement of participant supports included in the plan in relation to the management of:

the funding for supports under the plan; or

other aspects of the plan;

a variation of the maximum period of effect specified in the plan under paragraph 32D(2)(d);

a variation of the circumstances in which the Agency must reassess the plan under this Division.

a variation of:

the total funding amount for flexible funding; or

the total funding amount for a stated support or class of stated supports;

a variation to provide for a total funding amount for a stated support or class of stated supports;

a variation of the number or duration of the funding periods for flexible funding, or for a stated support or class of stated supports;

a variation of the proportion of the total funding amount for flexible funding, or for a stated support or class of stated supports, that will be provided under the plan during one or more funding periods;

a variation to provide for:

funding periods for a stated support or class of stated supports (disregarding paragraph 32G(5)(c) for this purpose); and

the proportion of the total funding amount for the stated support or class of stated supports that will be provided under the plan during each funding period;

a variation of a restriction provided for under subsection 32F(6);

if the CEO is satisfied that a circumstance mentioned in subsection 32F(7) exists—a variation to provide for a restriction under subsection 32F(6);

if the CEO is satisfied that none of the circumstances mentioned in subsection 32F(7) exist—a variation to remove a restriction imposed under subsection 32F(6);

a variation to provide for, change, add or remove a requirement under subsection 32H(1) relating to the acquisition or provision of supports;

a variation of the participant’s reasonable and necessary budget if:

the CEO is satisfied that the participant requires crisis or emergency funding as a result of a significant change to the participant’s support needs; or

the CEO is satisfied that the participant requires funding because the participant has experienced fraud or financial exploitation; or

the CEO is satisfied that the variation is necessary to prevent or lessen a threat to the participant’s life, health or safety (whether current or future); or

after the participant’s plan comes into effect, the CEO receives information in response to a request that had been made under subsection 36(2) or 50(2) in relation to the plan (other than a request made under subsection 50(2) for the purposes of varying the plan on the CEO’s own initiative), and the variation relates to that information; or

the CEO is satisfied that a circumstance prescribed by the National Disability Insurance Scheme rules for the purposes of this subparagraph exists in relation to the participant.

a variation of the plan’s reassessment date or the circumstances in which the Agency must reassess the plan under this Division;

if the statement of participant supports included in the plan specifies one or more funding component amounts—a variation of the categorisation of the reasonable and necessary supports, specified under paragraph 33(2)(b), into one or more groups of supports;

for the purposes of dealing with a variation covered by paragraph (ab) of this subsection—a variation of one or more funding component amounts, or the number of those amounts, specified in the statement of participant supports, other than a variation that would result in an increase in the total funding amount for the plan;

if the statement of participant supports included in the plan specifies funding periods for all reasonable and necessary supports funded under the plan, taken as a whole—the following variations of the statement:

a variation of the number or duration of such funding periods;

a variation of the proportion of the total funding amount that will be provided as funding under the plan for reasonable and necessary supports during one or more funding periods;

if the statement of participant supports included in the plan specifies funding periods for one or more groups of reasonable and necessary supports—the following variations of the statement:

a variation of the number or duration of the funding periods for such a group;

a variation of the proportion of the funding component amount for such a group that will be provided as funding under the plan, during one or more funding periods that group, for reasonable and necessary supports in that group;

a variation relating to the general supports (if any) that will be provided to or in relation to the participant under the plan;

a variation covered by any of paragraphs (1A)(ab) to (ae) must be made in accordance with subsections 33(2A) to (2D) and any determination in force for the purposes of subsection 33(2E); and

a total funding amount for an old framework plan cannot be varied except by a variation covered by paragraph (1A)(d) of this section.

have regard to the participant’s statement of goals and aspirations; and

be satisfied as mentioned in paragraph 32D(6)(b) in relation to any general supports to be provided; and

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

have regard to the operation and effectiveness of the plan and any previous plans of the participant; and

have regard to whether section 46 (acquittal of NDIS amounts) was complied with in relation to the plan and any previous plans of the participant; and

be satisfied of any matters specified in the National Disability Insurance Scheme rules for the purposes of this paragraph.

the CEO may, if satisfied that a circumstance mentioned in subsection (3C) exists, decide that:

a person mentioned in subsection (3B) is to manage a particular proportion of flexible funding provided under the plan; or

a person mentioned in subsection (3B) is to manage funding provided under the plan for a particular stated support or class of stated supports; and

the statement of participant supports in the plan must give effect to the decision.

the Agency;

the person mentioned in subsection (1), if the person has made a request covered by paragraph (2)(a);

a registered plan management provider, if the person mentioned in subsection (1) has made a request covered by paragraph (2)(b) that nominates the provider.

the participant would be likely to suffer physical, mental or financial harm were the CEO to not make the decision;

section 46 (acquittal of NDIS amounts) has not been complied with in relation to the plan or any of the participant’s previous plans;

a circumstance prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph.

to a particular extent, if the CEO is satisfied:

that management of the plan to that extent would present an unreasonable risk to the participant; or

that management of the plan to that extent would permit the person to manage matters that are prescribed by the National Disability Insurance Scheme rules as being matters that must not be managed by the person; or

that section 46 (acquittal of NDIS amounts) would be unlikely to be complied with if the person were to manage the funding for supports under the plan to that extent.

a person mentioned in subsection (1) has made a request covered by paragraph (2)(b); and

the CEO is satisfied that the management of the funding for supports under the plan to a particular extent by the registered plan management provider nominated by the person would present an unreasonable risk to the participant;

requirements with which the CEO must comply; and

methods or criteria that the CEO is to apply; and

matters that the CEO may, must or must not take into account;

to prevent, detect, investigate and respond to misuse or abuse of, or criminal activity involving, the National Disability Insurance Scheme (whether systemic or otherwise) where this relates to:

claims for payment under the National Disability Insurance Scheme, the payment of NDIS amounts or the use of funding provided under the National Disability Insurance Scheme; or

information provided to the Agency by or in relation to a participant or prospective participant, including in connection with access requests, a person’s continued status as a participant, the preparation, variation, reassessment or replacement of a participant’s plan or the management of the funding for supports under a participant’s plan; or

the management of the funding for supports under a participant’s plan by, or the duties or obligations of, a nominee or person who may do a thing because of section 74, including the appointment, or the suspension or cancellation of the appointment, of a nominee or the making or revocation of a determination under paragraph 74(1)(b);

the following statistics for the calendar month of the year:

the total amount of paid supports for participants in the calendar month;

the total number of participants in the National Disability Insurance Scheme as at the last day of the calendar month;

the average annualised payment per participant for the period of 12 months ending at the end of the calendar month, including any participants who had an initial plan approved during that 12-month period;

the average annualised payment per participant for the period of 12 months ending at the end of the calendar month, excluding any participants who had an initial plan approved during that 12-month period; and

(b) the following statistics for the same calendar month (the relevant month) of the previous year:

the total amount of paid supports for participants in the relevant month;

the total number of participants in the National Disability Insurance Scheme as at the last day of the relevant month;

the average annualised payment per participant for the period of 12 months ending at the end of the relevant month, including any participants who had an initial plan approved during that 12-month period.

the debt did not result wholly or partly from the debtor or another person knowingly:

making a false or misleading statement or representation; or

failing or omitting to comply with this Act, the regulations or the National Disability Insurance Scheme rules; and

there are special circumstances (other than financial hardship alone) that the CEO is satisfied make waiver appropriate; and

subsections 10(1) and (4), paragraph 10(6)(a), subparagraph 10(6)(d)(iv), paragraph 10(7)(c) and subsection 10(8);

subsection 29(3);

paragraph 30(6A)(f);

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

subsection 32B(1);

subparagraph 32C(c)(ii);

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 32K(1);

subsections 32L(2), (6) and (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);

paragraph 45A(5)(b);

paragraph 74(3C)(c), subparagraph 74(4)(b)(ii) and subsection 74(6);

paragraph 32(4)(b);

paragraph 32D(4)(a);

subsection 32B(3);

paragraph 32BA(1)(b), subparagraph 32BA(5)(a)(ii) and paragraphs 32BA(5)(c) and (6)(c);

for Category A National Disability Insurance Scheme rules:

that sections 209A, 209B and 209C, as applicable, were complied with in relation to the making of the rules; and

that each host jurisdiction had agreed to the making of the rules; or

for Category B National Disability Insurance Scheme rules relating to an area, law or program of a host jurisdiction:

that section 209D was complied with in relation to the making of the rules; and

that the host jurisdiction had agreed to the making of the rules; or

for Category C National Disability Insurance Scheme rules:

that section 209D was complied with in relation to the making of the rules; and

that the Commonwealth and a majority of host jurisdictions had agreed to the making of the rules.

give a notice in writing to the Disability Minister for that host jurisdiction seeking the agreement of that host jurisdiction to the making of the rules and requesting the agreement be given before the end of 14 days beginning on the day the notice is given; and

provide a copy of the proposed rules to that Disability Minister.

a notice in writing that that host jurisdiction agrees to the making of the rules; or

a notice in writing that that host jurisdiction does not agree to the making of the rules.

never to have been given if it does not comply with subsection (3); and

not to have been invalidly given only because it does not comply with subsection (4).

do both of the following:

give a notice in writing to the Disability Minister for each host jurisdiction seeking the agreement of that host jurisdiction to the making of a different version of the rules and requesting the agreement be given before the end of 14 days beginning on the day the notice under this subparagraph is given;

provide a copy of that different version to each of those Disability Ministers; or

if the Minister is of the opinion that the dispute resolution process set out in section 209C should apply in relation to the rules—give a notice in writing stating that opinion to the Prime Minister and to each Disability Minister for a host jurisdiction.

notice of those rules had been given under paragraph (1)(a) and a copy of those rules had been provided under paragraph (1)(b); and

the 14-day period for the purposes of those subsections were the 14-day period mentioned in subparagraph (7)(a)(i).

is proposing to make National Disability Insurance Scheme rules for the purposes of section 32K or 32L; and

considers that the rules do not have any substantial financial or policy implications for the National Disability Insurance Scheme.

give a notice in writing to the Disability Minister for each host jurisdiction that the Minister:

is proposing to make the rules; and

considers that the rules do not have any substantial financial or policy implications for the National Disability Insurance Scheme; and

provide a copy of the proposed rules to that Disability Minister.

the objects of this Act and the principles in section 4; and

(b) whether the rules have any substantial financial or policy implications for the National Disability Insurance Scheme.

never to have been given if it does not comply with subsection (4); and

not to have been invalidly given only because it does not comply with subsection (5).

do both of the following:

give a notice in writing to the Disability Minister for each host jurisdiction that the Minister is proposing to make a different version of the rules, if the Minister considers that the different version does not have any substantial financial or policy implications for the National Disability Insurance Scheme;

provide a copy of that different version to each of those Disability Ministers; or

if the Minister is of the opinion that the dispute resolution process set out in section 209C should apply in relation to the rules—give a notice in writing stating that opinion to the Prime Minister and to each Disability Minister for a host jurisdiction.

give a notice in writing to the First Minister of each host jurisdiction seeking the agreement of that host jurisdiction to the making of the rules and requesting the agreement be given before the end of 14 days beginning on the day the notice under this paragraph is given; and

provide a copy of the proposed rules to each First Minister.

a notice in writing that that host jurisdiction agrees to the making of the rules; or

a notice in writing that that host jurisdiction does not agree to the making of the rules.

the objects of this Act and the principles in section 4; and

(b) if notice was given under paragraph 209B(2)(a) or subparagraph 209B(8)(a)(i) in relation to the rules—whether the rules have any substantial financial or policy implications for the National Disability Insurance Scheme.

never to have been given if it does not comply with subsection (4); and

not to have been invalidly given only because it does not comply with subsection (5).

give a notice in writing to the First Minister for each host jurisdiction seeking the agreement of that host jurisdiction to the making of a different version of the rules and requesting the agreement be given before the end of 14 days beginning on the day the notice under this paragraph is given; and

provide a copy of that different version to each of those First Ministers.

notice of those rules had been given under paragraph (2)(a) and a copy of those rules had been provided under paragraph (2)(b); and

the 14-day period for the purposes of those subsections were the 14-day period mentioned in paragraph (9)(a).

(a) give a notice (the original notice) in writing to one host jurisdiction Minister for that host jurisdiction seeking the agreement of that host jurisdiction to the making of the rules and requesting the agreement be given before the end of 28 days beginning on the day the notice is given; and

provide a copy of the proposed rules to that host jurisdiction Minister.

no host jurisdiction Minister for a host jurisdiction has informed the Minister whether that host jurisdiction agrees to the making of the rules; and

no host jurisdiction Minister for that host jurisdiction has made a request under subsection (3);

that host jurisdiction may give that agreement before the end of 90 days beginning on the day the original notice was given; and

if, immediately before the end of that 90-day period, no host jurisdiction Minister for that host jurisdiction has informed the Minister whether that host jurisdiction agrees to the making of the rules, then, at the end of that period, that host jurisdiction is taken to have so agreed.

describe the nature of the consultation; and

describe in general terms the persons, bodies or organisations who were consulted; and

contain a summary of the views expressed by those persons, bodies or organisations.

a person who makes an access request on or after that commencement, for the purposes of deciding whether the person meets the access criteria on or after that commencement; and

any person who is a participant on or after that commencement, for the purposes of deciding whether the person meets the disability requirements or the early intervention requirements on or after that commencement.

whether the participant becomes a participant; and

in the case of a variation—whether the plan comes into effect;

(a) the statement is approved on or after the commencement (the determination commencement) of the first determination made under subsection 33(2E) of that Act (as inserted by this Schedule); and

the decision to approve the statement is not covered by subitem (4).

(a) a decision made by a reviewer under subsection 100(6) of the National Disability Insurance Scheme Act 2013 on review of a decision made by a decision-maker before the determination commencement;

a decision, made by the Administrative Appeals Tribunal, on review of a decision made by a reviewer under that subsection:

before the determination commencement; or

on or after the determination commencement, if the decision reviewed by the reviewer was made by a decision-maker before the determination commencement.

whether the person became a participant; and

whether the plan came into effect; and

whether any relevant plan management request was made; and

in the case of subsections 43(4A) and 44(2AA)—whether the registered plan management provider was registered or nominated; and

in the case of subsections 43(5) and (6) and 44(2A)—whether the plan nominee is appointed; and

in the case of paragraph 44(1)(aa)—whether the participant is convicted of the offence;

in the case of paragraph 44(2A)(aa)—whether the plan nominee is convicted of the offence;

a participant who receives an NDIS amount, including because of subsection 46(1A) of that Act, on or after that commencement; or

a person who receives an NDIS amount on behalf of a participant, including because of subsection 46(1B) of that Act, on or after that commencement;

whether the person became a participant; and

whether the plan came into effect; and

whether any relevant plan management request was made; and

in the case of subsection 74(4A)—whether the registered plan management provider was registered or nominated;

debts that arise on or after that commencement; and

debts that arose before that commencement and are outstanding at that commencement.

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

directly amend the text of an Act.

subsection 32B(1);

subparagraph 32C(c)(ii);

subsection 32E(4);

subsection 32K(1);

subsection 32L(2);

subsection 32L(6);

subsection 32L(7A).

subsections 209(1A), (2), (3), (4) and (6A);

sections 209A to 209C.

the Minister proposes to make rules under item 138 for the purposes of a provision covered by subitem (2) of this item; and

(b) the Prime Minister gives notice, and provides a copy, of the rules under paragraphs 209C(2)(a) and (b), or (9)(a) and (b), of the National Disability Insurance Scheme Act 2013 (as those paragraphs apply because of subitem (4) of this item); and

a majority of the First Ministers of the host jurisdictions do not give the Prime Minister notices under paragraph 209C(3)(a) of that Act (as that paragraph applies because of subitem (4) of this item) in relation to the rules before the end of 14 days beginning on the day the notice mentioned in paragraph (b) of this subitem was given.

(a) subsections 209C(6) and (7) of the National Disability Insurance Scheme Act 2013 apply in working out whether there is a majority for the purposes of paragraph (5)(c) of this item in the same way as they apply in working out whether there is a majority for the purposes of subsection 209C(8) or (9) of that Act; and

subitem (6) of this item does not limit subsection 209C(9) of that Act (as it applies because of subitem (4)).

a reference in that subparagraph to a provision of that Act included a reference to that provision as it applies because of that subitem; and

that subparagraph included a reference to this item, in addition to the provisions referred to in that subparagraph.

employ or engage, or continue to employ or engage, a person against whom a banning order has been made; or

have, or continue to have, such a person as a member of the approved quality auditor’s key personnel.

imposing new conditions on the approval; or

varying or removing existing conditions (other than conditions specified under subsection (4A)).

whether to give, or refuse to give, an approval under subsection (1);

whether or not to make an approval given under subsection (1) subject to conditions;

whether or not to vary or revoke an approval given under subsection (1).

subsections 73U(4A) and (9A) (approved quality auditors);

if the power or function is delegated to an APS employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to exercise the power or perform the function; or

otherwise—whether the employee has appropriate qualifications or expertise to exercise the power or perform the function.

subsections 73U(4A) and (9A);