National Disability Insurance Scheme Act 2013

National Disability Insurance Scheme
Act 2013
No. 20, 2013
An Act to establish the National Disability

Insurance Scheme, and for related purposes
Note: An electronic version of this Act is available in ComLaw (http://www.comlaw.gov.au/)

Contents
Chapter 1—Introduction 2
Part 1—Preliminary 2
1 Short title ........................................................................................... 2
2 Commencement ................................................................................. 2
Part 2—Objects and principles 4

3 Objects of Act .................................................................................... 4
4 General principles guiding actions under this Act ............................. 6
5 General principles guiding actions of people who may do
acts or things on behalf of others ....................................................... 8
6 Agency may provide support and assistance ..................................... 8
7 Provision of notice, approved form or information under this
Act etc. .............................................................................................. 9
Part 3—Simplified outline 10

8 Simplified outline ............................................................................ 10
Part 4—Definitions 12
9 Definitions ....................................................................................... 12
10 Definition of host jurisdiction ......................................................... 18
11 Definitions relating to compensation ............................................... 18
Part 5—Ministerial Council 20

12 Ministerial Council functions etc..................................................... 20
Chapter 2—Assistance for people with disability and

others 21
13 Agency may provide coordination, strategic and referral
services etc. to people with disability .............................................. 21
14 Agency may provide funding to persons or entities......................... 21
15 Agency may provide information .................................................... 21
16 Agency may assist in relation to doing things under Chapter .......... 22
17 National Disability Insurance Scheme rules .................................... 22
Chapter 3—Participants and their plans 23
Part 1A—Principles 23
17A Principles relating to the participation of people with
disability .......................................................................................... 23
i National Disability Insurance Scheme Act 2013 No. 20, 2013

Part 1—Becoming a participant 24
18 Person may make a request to become a participant........................ 24
19 Matters relating to access requests................................................... 24
20 CEO must consider and decide access requests ............................... 25
21 When a person meets the access criteria .......................................... 25
22 Age requirements............................................................................. 26
23 Residence requirements ................................................................... 27
24 Disability requirements.................................................................... 28
25 Early intervention requirements ...................................................... 28
26 Requests that the CEO may make.................................................... 30
27 National Disability Insurance Scheme rules relating to
disability requirements and early intervention requirements ........... 31
28 When a person becomes a participant.............................................. 32
29 When a person ceases to be a participant......................................... 32
30 Revocation of participant status....................................................... 33
Part 2—Participants’ plans 34

Division 1—Principles relating to plans 34
31 Principles relating to plans .............................................................. 34
Division 2—Preparing participants’ plans 35
32 CEO must facilitate preparation of participant’s plan ...................... 35
32A Rules about preparation of plans ..................................................... 35
33 Matters that must be included in a participant’s plan ...................... 37
34 Reasonable and necessary supports ................................................. 39
35 National Disability Insurance Scheme rules for statement of
participant supports ......................................................................... 40
36 Information and reports for the purposes of preparing and
approving a participant’s plan ......................................................... 41
37 When plan is in effect ...................................................................... 42
38 Copy of plan to be provided ............................................................ 42
39 Agency must comply with the statement of participant
supports ........................................................................................... 42
40 Effect of temporary absence on plans .............................................. 42
41 Suspension of plans ......................................................................... 43
Division 3—Managing the funding for supports under
participants’ plans 44
42 Meaning of managing the funding for supports under a
participant’s plan ............................................................................. 44
43 Choice for the participant in relation to plan management .............. 44
44 Circumstances in which participant must not manage plan to
specified extent ................................................................................ 46
National Disability Insurance Scheme Act 2013 No. 20, 2013 ii

45 Payment of NDIS amounts .............................................................. 46
46 Acquittal of NDIS amounts ............................................................. 47
Division 4—Reviewing and changing participants’ plans 48
47 Participant may change participant’s statement of goals and
aspirations at any time ..................................................................... 48
48 Review of participant’s plan ............................................................ 48
49 Outcome of review .......................................................................... 49
50 Information and reports for the purposes of reviewing a
participant’s plan ............................................................................. 49
Chapter 4—Administration 51
Part 1—General matters 51

Division 1—Participants and prospective participants 51
51 Requirement to notify change of circumstances .............................. 51
52 Requirements relating to notices ..................................................... 51
53 Power to obtain information from participants and
prospective participants to ensure the integrity of the
National Disability Insurance Scheme ............................................. 51
54 Written notice of requirement .......................................................... 52
Division 2—Other persons 53
55 Power to obtain information from other persons to ensure the
integrity of the National Disability Insurance Scheme .................... 53
56 Written notice of requirement .......................................................... 54
57 Offence—refusal or failure to comply with requirement ................. 54
Division 3—Interaction with other laws 56
58 Obligations not affected by State or Territory laws ......................... 56
59 Interaction with Commonwealth laws ............................................. 56
Part 2—Privacy 57
60 Protection of information held by the Agency etc. .......................... 57
61 Offence—unauthorised access to protected information ................. 57
62 Offence—unauthorised use or disclosure of protected
information ...................................................................................... 58
63 Offence—soliciting disclosure of protected information ................. 58
64 Offence—offering to supply protected information ........................ 59
65 Protection of certain documents etc. from production to court
etc. ................................................................................................... 59
66 Disclosure of information by CEO .................................................. 60
67 National Disability Insurance Scheme rules for exercise of
CEO’s disclosure powers................................................................. 61
iii National Disability Insurance Scheme Act 2013 No. 20, 2013
68 Part does not affect the operation of the Freedom of
Information Act 1982 ....................................................................... 61
Part 3—Registered providers of supports 62

69 Application to be a registered provider of supports ......................... 62
70 Registered providers of supports ..................................................... 62
71 When a person or entity ceases to be a registered provider of
supports ........................................................................................... 63
72 Revocation of approval as a registered provider of supports ........... 63
73 National Disability Insurance Scheme rules for registered
providers of supports ....................................................................... 64
Part 4—Children 66
74 Children ........................................................................................... 66
75 Definition of parental responsibility ............................................... 67
76 Duty to children ............................................................................... 68
77 Revocation of determinations under section 74 ............................... 69
Part 5—Nominees 70
Division 1—Functions and responsibilities of nominees 70
78 Actions of plan nominee on behalf of participant ............................ 70
79 Actions of correspondence nominee on behalf of participant .......... 71
80 Duty of nominee to participant ........................................................ 71
81 Giving of notices to correspondence nominee ................................. 72
82 Compliance by correspondence nominee ........................................ 73
83 Nominee to inform Agency of matters affecting ability to act
as nominee ....................................................................................... 74
84 Statement by plan nominee regarding disposal of money ................ 75
85 Right of nominee to attend with participant..................................... 76
Division 2—Appointment and cancellation or suspension of
appointment 77
86 Appointment of plan nominee ......................................................... 77
87 Appointment of correspondence nominee ....................................... 77
88 Provisions relating to appointments ................................................. 78
89 Circumstances in which the CEO must cancel appointment
of nominees ..................................................................................... 78
90 General circumstances in which CEO may cancel or suspend
appointment of nominees................................................................. 79
91 Suspension etc. of appointment of nominees in cases of
physical, mental or financial harm ................................................... 80
92 Other matters relating to cancellation or suspension of
appointment ..................................................................................... 82
National Disability Insurance Scheme Act 2013 No. 20, 2013 iv

93 National Disability Insurance Scheme rules may prescribe
requirements etc............................................................................... 82
94 CEO’s powers of revocation ............................................................ 82
Division 3—Other matters relating to nominees 83
95 CEO’s powers to give notices to participant.................................... 83
96 Notification of nominee where notice is given to participant .......... 83
97 Protection of participant against liability for actions of
nominee ........................................................................................... 83
98 Protection of nominee against criminal liability .............................. 83
Part 6—Review of decisions 84

99 Reviewable decisions ...................................................................... 84
100 Review of reviewable decisions ...................................................... 85
101 Variation of reviewable decision before review completed ............. 86
102 Withdrawal of request for review .................................................... 87
103 Applications to the Administrative Appeals Tribunal ..................... 87
Chapter 5—Compensation payments 88
Part 1—Requirement to take action to obtain compensation 88

104 CEO may require person to take action to obtain
compensation ................................................................................... 88
105 Consequences of failure to comply with a requirement to
take action to obtain compensation .................................................. 89
105A Matters relating to claims etc. by CEO ............................................ 90
105B Recovery of amounts relating to claims etc. by CEO ...................... 91
Part 2—Agency may recover compensation fixed after NDIS

amounts have been paid 92
106 Recovering past NDIS amounts from certain judgements ............... 92
107 Recovering past NDIS amounts from consent judgements
and settlements ................................................................................ 93
108 Debts resulting from section 106 or 107 .......................................... 94
Part 3—Recovery from compensation payers and insurers 95

109 CEO may send preliminary notice to potential compensation
payer or insurer ................................................................................ 95
110 Offence—potential compensation payer or insurer ......................... 96
111 CEO may send recovery notice to compensation payer or
insurer .............................................................................................. 96
112 Preliminary notice or recovery notice suspends liability to
pay compensation ............................................................................ 98
113 Compensation payer’s or insurer’s payment to Agency
discharges liability to participant ..................................................... 98
v National Disability Insurance Scheme Act 2013 No. 20, 2013

114 Offence—making compensation payment after receiving
preliminary notice or recovery notice .............................................. 99
115 Liability to pay the Agency if there is a contravention of
section 114..................................................................................... 100
Part 4—CEO may disregard certain payments 101

116 CEO may disregard certain payments ........................................... 101
Chapter 6—National Disability Insurance Scheme

Launch Transition Agency 102
Part 1—National Disability Insurance Scheme Launch

Transition Agency 102
117 Establishment ................................................................................ 102
118 Functions of the Agency ................................................................ 102
119 Powers of the Agency .................................................................... 104
120 Charging of fees ............................................................................ 104
121 Minister may give directions to the Agency .................................. 104
122 Agency does not have privileges and immunities of the
Crown ............................................................................................ 105
Part 2—Board of the Agency 106

Division 1—Establishment and functions 106
123 Establishment ................................................................................ 106
124 Functions of the Board .................................................................. 106
125 Minister may give the Board a statement setting out strategic
guidance for the Agency ................................................................ 106
125A Functions to be performed having regard to actuarial analysis
and advice ...................................................................................... 107
Division 2—Members of the Board 108
126 Membership ................................................................................... 108
127 Appointment of Board members ................................................... 108
128 Term of appointment ..................................................................... 109
129 Acting appointments ...................................................................... 109
130 Remuneration and allowances ....................................................... 111
131 Leave of absence ........................................................................... 111
132 Outside employment ...................................................................... 111
133 Resignation of Board members ..................................................... 112
134 Termination of appointment of Board members ............................ 112
135 Other terms and conditions of Board members ............................. 113
Division 3—Meetings of the Board 114
136 Convening meetings ...................................................................... 114
National Disability Insurance Scheme Act 2013 No. 20, 2013 vi

137 Presiding at meetings ..................................................................... 114
138 Quorum.......................................................................................... 114
139 Voting at meetings ......................................................................... 115
140 Conduct of meetings ...................................................................... 115
141 Minutes .......................................................................................... 115
142 Decisions without meetings ........................................................... 115
Part 3—Independent Advisory Council 117

Division 1—Establishment and function 117
143 Establishment ................................................................................ 117
144 Function of the Advisory Council ................................................. 117
145 Advice of the Advisory Council .................................................... 118
Division 2—Members of the Advisory Council 119
146 Membership ................................................................................... 119
147 Appointment of members of the Advisory Council ....................... 119
148 Term of appointment ..................................................................... 120
151 Leave of absence ........................................................................... 122
152 Disclosure of interests to the Minister ........................................... 122
153 Disclosure of interests to the Advisory Council ............................ 122
154 Resignation of members of the Advisory Council ......................... 123
155 Termination of appointment of members of the Advisory
Council .......................................................................................... 123
156 Other terms and conditions of members of the Advisory
Council .......................................................................................... 125
Division 3—Procedures of the Advisory Council 126
157 Procedures of the Advisory Council .............................................. 126
Part 4—Chief Executive Officer and staff etc. 127

Division 1—Chief Executive Officer 127
158 Establishment ................................................................................ 127
159 Functions of the CEO .................................................................... 127
160 Appointment of the CEO ............................................................... 127
163 Leave of absence ........................................................................... 129
164 Outside employment ...................................................................... 129
165 Disclosure of interests ................................................................... 129
166 Resignation of the CEO ................................................................. 129
167 Termination of appointment of the CEO ....................................... 129
vii National Disability Insurance Scheme Act 2013 No. 20, 2013
168 Other terms and conditions of the CEO ......................................... 130
Division 2—Staff etc. 131
169 Staff ............................................................................................... 131
170 Services of other persons to be made available to the Agency ...... 131
171 Consultants .................................................................................... 131
171A Transitional provisions for staff of the Agency ............................. 131
Part 5—Reporting and planning 132

Division 1—Reporting 132
Subdivision A—Reporting by Board members 132
172 Annual report................................................................................. 132
173 Giving certain information to the Ministerial Council ................... 133
174 Quarterly report to the Ministerial Council ................................... 133
Subdivision B—Reporting by the Agency 134
175 Giving information requested by Commonwealth, State or
Territory Ministers......................................................................... 134
Subdivision C—Reporting by the Minister 135
176 Giving certain information to the Ministerial Council ................... 135
Division 2—Planning 137
177 Corporate plan ............................................................................... 137
Part 6—Finance 138

178 Payments to the Agency by the Commonwealth ........................... 138
179 Payments to the Agency by the host jurisdictions ......................... 138
180 Application of money by the Agency ............................................ 138
Part 6A—Actuarial assessment of financial sustainability 140

Division 1—Scheme actuary and annual financial sustainability
report 140
180A Nomination of scheme actuary ...................................................... 140
180B Duties of scheme actuary ............................................................... 140
180C Rules for performance of scheme actuary’s duties ........................ 141
Division 2—Reviewing actuary 142
180D Nomination of reviewing actuary .................................................. 142
180E Duties of reviewing actuary ........................................................... 143
Division 3—Assistance of scheme actuary and reviewing actuary 143
180F Agency to assist scheme actuary and reviewing actuary ............... 143
Part 7—Miscellaneous 144

181 Taxation ......................................................................................... 144
National Disability Insurance Scheme Act 2013 No. 20, 2013 viii
Chapter 7—Other matters 145
Part 1—Debt recovery 145

Division 1—Debts 145
182 Debts due to the Agency ................................................................ 145
Division 2—Methods of recovery 146
183 Legal proceedings .......................................................................... 146
184 Arrangement for payment of debt .................................................. 146
185 Recovery of amounts from financial institutions ........................... 147
Division 3—Information relating to debts 149
186 Power to obtain information from a person who owes a debt
to the Agency................................................................................. 149
187 Power to obtain information about a person who owes a debt
to the Agency................................................................................. 149
188 Written notice of requirement ........................................................ 149
189 Offence—refusal or failure to comply with requirement ............... 150
Division 4—Non-recovery of debts 151
190 CEO may write off debt................................................................. 151
191 Power to waive Agency’s right to recover debt ............................. 152
192 Waiver of debt arising from error .................................................. 152
193 Waiver of small debt ..................................................................... 152
194 Waiver in relation to settlements ................................................... 153
195 Waiver in special circumstances .................................................... 154
Part 2—General matters 155

196 Method of notification by CEO ..................................................... 155
197 CEO not required to make a decision ............................................ 155
198 Protection of participant against liability for actions of
persons........................................................................................... 155
199 Protection against criminal liability ............................................... 155
200 Evidentiary effect of CEO’s certificate.......................................... 156
200A Legal assistance for review not funded .......................................... 156
201 Delegation by the Minister ............................................................ 156
202 Delegation by the CEO .................................................................. 157
203 Application of Act to unincorporated bodies ................................. 157
204 Time frames for decision making .................................................. 158
Part 3—Constitutional matters 159

205 Act binds Crown ............................................................................ 159
206 Alternative constitutional basis...................................................... 159
207 Concurrent operation of State laws ................................................ 160
ix National Disability Insurance Scheme Act 2013 No. 20, 2013

Part 4—Review of the Act 161
208 Review of operation of Act ........................................................... 161
Part 5—Legislative instruments 162

209 The National Disability Insurance Scheme rules ........................... 162
210 Regulations .................................................................................... 164
Schedule 1—Transitional provisions for staff of the

Agency 166
1 FaHCSIA agreement covers staff of the Agency ........................... 166
2 Instruments about transitional staffing matters .............................. 167
National Disability Insurance Scheme Act 2013 No. 20, 2013 x

National Disability Insurance Scheme
Act 2013
No. 20, 2013
An Act to establish the National Disability

Insurance Scheme, and for related purposes
[Assented to 28 March 2013]
The Parliament of Australia enacts:
National Disability Insurance Scheme Act 2013 No. 20, 2013 1

Chapter 1 Introduction
Part 1 Preliminary
Section 1
Chapter 1—Introduction
Part 1—Preliminary
1 Short title
This Act may be cited as the National Disability Insurance Scheme
Act 2013.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, in accordance with
column 2 of the table. Any other statement in column 2 has effect
according to its terms.
Commencement information
Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details
1. Sections 1 and The day this Act receives the Royal Assent. 28 March 2013
2 and anything in
this Act not
elsewhere covered
by this table
2. Sections 3 to The day after this Act receives the Royal 29 March 2013
12 Assent.
3. Chapters 2 and A day or days to be fixed by Proclamation. 1 July 2013
3 However, if any of the provision(s) do not (see
commence within the period of 6 months F2013L00994)
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
4. Chapter 4, A day or days to be fixed by Proclamation. 1 July 2013
Part 1, Division 1 However, if any of the provision(s) do not (see
2 National Disability Insurance Scheme Act 2013 No. 20, 2013

Introduction Chapter 1
Preliminary Part 1
Section 2
Commencement information
Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details
5. Chapter 4, The day after this Act receives the Royal 29 March 2013
Part 1, Assent.
Divisions 2 and 3
6. Chapter 4, The day after this Act receives the Royal 29 March 2013
Parts 2 and 3 Assent.
7. Chapter 4, A day or days to be fixed by Proclamation. 1 July 2013
Parts 4, 5 and 6 However, if any of the provision(s) do not (see
8. Chapter 5 A day or days to be fixed by Proclamation. 1 July 2013
However, if any of the provision(s) do not (see
9. Chapters 6 and The day after this Act receives the Royal 29 March 2013
7 Assent.
Note: This table relates only to the provisions of this Act as originally
enacted. It will not be amended to deal with any later amendments of
this Act.
(2) Any information in column 3 of the table is not part of this Act.
Information may be inserted in this column, or information in it
may be edited, in any published version of this Act.

Part 2 Objects and principles
Section 3
Part 2—Objects and principles
3 Objects of Act
(1) The objects of this Act are to:
(a) in conjunction with other laws, give effect to Australia’s
obligations under the Convention on the Rights of Persons
with Disabilities done at New York on 13 December 2006
([2008] ATS 12); and
(b) provide for the National Disability Insurance Scheme in
Australia; and
(c) support the independence and social and economic
participation of people with disability; and
(d) provide reasonable and necessary supports, including early
intervention supports, for participants in the National
Disability Insurance Scheme launch; and
(e) enable people with disability to exercise choice and control in
the pursuit of their goals and the planning and delivery of
their supports; and
(f) facilitate the development of a nationally consistent approach
to the access to, and the planning and funding of, supports for
people with disability; and
(g) promote the provision of high quality and innovative
supports that enable people with disability to maximise
independent lifestyles and full inclusion in the mainstream
community; and
(h) raise community awareness of the issues that affect the social
and economic participation of people with disability, and
facilitate greater community inclusion of people with
disability; and
(i) in conjunction with other laws, give effect to certain
obligations that Australia has as a party to:
(i) the International Covenant on Civil and Political Rights
done at New York on 16 December 1966 ([1980] ATS
23); and

Objects and principles Part 2
Section 3
(ii) the International Covenant on Economic, Social and

Cultural Rights done at New York on 16 December
1966 ([1976] ATS 5); and
(iii) the Convention on the Rights of the Child done at New
York on 20 November 1989 ([1991] ATS 4); and
(iv) the Convention on the Elimination of All Forms of
Discrimination Against Women done at New York on
18 December 1979 ([1983] ATS 9); and
(v) the International Convention on the Elimination of All
Forms of Racial Discrimination done at New York on
21 December 1965 ([1975] ATS 40).
Note: In 2013, the text of a Convention or Covenant in the Australian Treaty
Series was accessible through the Australian Treaties Library on the
AustLII website (www.austlii.edu.au).
(2) These objects are to be achieved by:

(a) providing the foundation for governments to work together to
develop and implement the National Disability Insurance
Scheme launch; and
(b) adopting an insurance-based approach, informed by actuarial
analysis, to the provision and funding of supports for people
with disability.
(3) In giving effect to the objects of the Act, regard is to be had to:
(a) the progressive implementation of the National Disability
Insurance Scheme; and
(b) the need to ensure the financial sustainability of the National
Disability Insurance Scheme; and
(c) the broad context of disability reform provided for in:
(i) the National Disability Strategy 2010-2020 as endorsed
by COAG on 13 February 2011; and
(ii) the Carer Recognition Act 2010; and
(d) the provision of services by other agencies, Departments or
organisations and the need for interaction between the
provision of mainstream services and the provision of
supports under the National Disability Insurance Scheme.

Section 4
4 General principles guiding actions under this Act

(1) People with disability have the same right as other members of
Australian society to realise their potential for physical, social,
emotional and intellectual development.
(2) People with disability should be supported to participate in and
contribute to social and economic life to the extent of their ability.
(3) People with disability and their families and carers should have
certainty that people with disability will receive the care and
support they need over their lifetime.
(4) People with disability should be supported to exercise choice,
including in relation to taking reasonable risks, in the pursuit of
their goals and the planning and delivery of their supports.
(5) People with disability should be supported to receive reasonable
and necessary supports, including early intervention supports.
Australian society to respect for their worth and dignity and to live
free from abuse, neglect and exploitation.
Australian society to pursue any grievance.
Australian society to be able to determine their own best interests,
including the right to exercise choice and control, and to engage as
equal partners in decisions that will affect their lives, to the full
extent of their capacity.
(9) People with disability should be supported in all their dealings and
communications with the Agency so that their capacity to exercise
choice and control is maximised in a way that is appropriate to
their circumstances and cultural needs.
(10) People with disability should have their privacy and dignity
respected.
(11) Reasonable and necessary supports for people with disability
should:

Section 4
(a) support people with disability to pursue their goals and

maximise their independence; and
(b) support people with disability to live independently and to be
included in the community as fully participating citizens; and
(c) develop and support the capacity of people with disability to
undertake activities that enable them to participate in the
mainstream community and in employment.
(12) The role of families, carers and other significant persons in the
lives of people with disability is to be acknowledged and respected.
(13) The role of advocacy in representing the interests of people with
disability is to be acknowledged and respected, recognising that
advocacy supports people with disability by:
(a) promoting their independence and social and economic
participation; and
(b) promoting choice and control in the pursuit of their goals and
the planning and delivery of their supports; and
(c) maximising independent lifestyles of people with disability
and their full inclusion in the mainstream community.
(14) People with disability should be supported to receive supports
outside the National Disability Insurance Scheme, and be assisted
to coordinate these supports with the supports provided under the
National Disability Insurance Scheme.
(15) Innovation, quality, continuous improvement, contemporary best
practice and effectiveness in the provision of supports to people
with disability are to be promoted.
(16) Positive personal and social development of people with disability,
including children and young people, is to be promoted.
(17) It is the intention of the Parliament that the Ministerial Council, the
Minister, the Board, the CEO and any other person or body is to
perform functions and exercise powers under this Act in
accordance with these principles, having regard to:
(a) the progressive implementation of the National Disability

Section 5
(b) the need to ensure the financial sustainability of the National

Disability Insurance Scheme.
5 General principles guiding actions of people who may do acts or

things on behalf of others
It is the intention of the Parliament that, if this Act requires or
permits an act or thing to be done by or in relation to a person with
disability by another person, the act or thing is to be done, so far as
practicable, in accordance with both the general principles set out
in section 4 and the following principles:
(a) people with disability should be involved in decision making
processes that affect them, and where possible make
decisions for themselves;
(b) people with disability should be encouraged to engage in the
life of the community;
(c) the judgements and decisions that people with disability
would have made for themselves should be taken into
account;
(d) the cultural and linguistic circumstances, and the gender, of
people with disability should be taken into account;
(e) the supportive relationships, friendships and connections with
others of people with disability should be recognised;
(f) if the person with disability is a child—the best interests of
the child are paramount, and full consideration should be
given to the need to:
(i) protect the child from harm; and
(ii) promote the child’s development; and
(iii) strengthen, preserve and promote positive relationships
between the child and the child’s parents, family
members and other people who are significant in the life
of the child.
6 Agency may provide support and assistance

To support people with disability to exercise choice and control in
the pursuit of their goals, the Agency may provide support and
assistance (including financial assistance) to prospective

Section 7
participants and participants in relation to doing things or meeting

obligations under, or for the purposes of, this Act.
Note: For example, the Agency might assist a participant to prepare the
participant’s statement of goals and aspirations by assisting the
participant to clarify his or her goals, objectives and aspirations.
7 Provision of notice, approved form or information under this Act

etc.
(1) The contents of any notice, approved form or information given
under this Act, the regulations or the National Disability Insurance
Scheme rules to a person with disability must be explained by the
giver of the notice, approved form or information to the maximum
extent possible to the person in the language, mode of
communication and terms which that person is most likely to
understand.
(2) An explanation given under subsection (1) must be given both
orally and in writing if reasonably practicable.

Part 3 Simplified outline
Section 8
Part 3—Simplified outline
8 Simplified outline
The following is a simplified outline of this Act:
This Act provides for the National Disability Insurance Scheme.
The National Disability Insurance Scheme comprises:
(a) the provision of services or activities that are in the

nature of coordination, strategic or referral services
or activities (Chapters 2 and 3); and
(b) funding for persons or entities to enable them to

assist people with disability to participate in
economic and social life (Chapter 2); and
(c) individual plans under which reasonable and

necessary supports will be funded for certain
people, called participants (Chapter 3).
This Act includes administrative provisions supporting the

operation of the National Disability Insurance Scheme (Chapters 4
and 5), such as:
(a) provisions to ensure the National Disability

Insurance Scheme’s integrity, including limited
powers to obtain information, and requirements
relating to protection of information; and
(b) provisions relating to children; and
(c) provisions for nominees; and
(d) provisions for review of decisions; and
(e) provisions about the treatment of compensation.

Simplified outline Part 3
Section 8
This Act also provides for the establishment of the National

Disability Insurance Scheme Launch Transition Agency
(Chapter 6).
The functions of the Agency include delivering the National

The Agency also has more general functions, such as:
(a) developing and enhancing the disability sector,

including by facilitating innovation, research and
contemporary best practice in the sector; and
(b) building community awareness of disabilities and

the social contributors to disabilities.
Chapter 6 also:
(a) establishes the Board of the Agency; and
(b) establishes an Independent Advisory Council; and
(c) provides for the Chief Executive Officer and staff

of the Agency; and
(d) provides for reporting and financial matters.
Chapter 7 includes provisions relating to general matters, such as:
(a) debts; and
(b) review of the Act; and
(c) legislative instruments.

Part 4 Definitions
Section 9
Part 4—Definitions
9 Definitions
In this Act:
access request has the meaning given by section 18.
Advisory Council means the Independent Advisory Council
established by section 143.
Agency means the National Disability Insurance Scheme Launch
Transition Agency established by section 117.
annual financial sustainability report means a report prepared
under subsection 180B(1).
Board means the Board of the Agency established by section 123.
Board member means a member of the Board (and includes the
Chair).
CAC Act means the Commonwealth Authorities and Companies
Act 1997.
carer means an individual who:
(a) provides personal care, support and assistance to another
individual who needs it because that other individual is a
person with disability; and
(b) does not provide the care, support and assistance:
(i) under a contract of service or a contract for the
provision of services; or
(ii) in the course of doing voluntary work for a charitable,
welfare or community organisation; or
(iii) as part of the requirements of a course of education or
training.
centrelink program has the same meaning as in the Human
Services (Centrelink) Act 1997.
CEO means the Chief Executive Officer of the Agency.

Definitions Part 4
Section 9
Chair means the Chair of the Board.

child means a person who is under 18 years of age.
COAG means the Council of Australian Governments.
community care has the same meaning as in the Aged Care Act
1997.
compensation has the meaning given by section 11.
correspondence nominee means a person who is appointed as the
correspondence nominee of a participant under section 87.
cover, in relation to an enterprise agreement, has the same meaning
as in the Fair Work Act 2009.
developmental delay means a delay in the development of a child
under 6 years of age that:
(a) is attributable to a mental or physical impairment or a
combination of mental and physical impairments; and
(b) results in substantial reduction in functional capacity in one
or more of the following areas of major life activity:
(i) self-care;
(ii) receptive and expressive language;
(iii) cognitive development;
(iv) motor development; and
(c) results in the need for a combination and sequence of special
interdisciplinary or generic care, treatment or other services
that are of extended duration and are individually planned
and coordinated.
early intervention supports means supports that are identified in
the National Disability Insurance Scheme rules as early
intervention supports.
enterprise agreement has the same meaning as in the Fair Work
Act 2009.
enters into an agreement to give up his or her right to
compensation: a participant or prospective participant enters into

Part 4 Definitions
Section 9
an agreement to give up his or her right to compensation if he or

she:
(a) enters into an agreement to waive his or her right to
compensation; or
(b) enters into an agreement to withdraw his or her claim for
compensation.
entity means a partnership or an unincorporated association.
entry, in relation to a person and a residential care service, has the
same meaning as in the Aged Care Act 1997.
FaHCSIA agreement means the enterprise agreement known as
the Department of Families, Housing, Community Services and
Indigenous Affairs Enterprise Agreement 2012-2014 approved on
24 April 2012 in decision [2012] FWAA 3549.
Finance Minister means the Minister administering the Financial
Management and Accountability Act 1997.
financial institution means a corporation that is an ADI for the
purposes of the Banking Act 1959.
general supports has the meaning given by subsection 13(2).
grace period has the meaning given by subsection 40(2).
holder, in relation to a visa, has the same meaning as in the
Migration Act 1958.
host jurisdiction has the meaning given by section 10.
managing the funding for supports under a participant’s plan has
the meaning given by section 42.
medicare program has the same meaning as in the Human Services
(Medicare) Act 1973.
meets the access criteria has the meaning given by section 21.
meets the age requirements has the meaning given by section 22.
meets the disability requirements has the meaning given by
section 24.

Definitions Part 4
Section 9
meets the early intervention requirements has the meaning given

by section 25.
meets the residence requirements has the meaning given by
section 23.
Ministerial Council means a body:
(a) that consists of Ministers of the Commonwealth, States and
Territories; and
(b) that has been designated by COAG as having responsibilities
relating to the National Disability Insurance Scheme.
National Disability Insurance Scheme means:
(a) the arrangements set out in Chapter 2; and
(b) the arrangements set out in Chapter 3 in relation to people
who meet the residence requirements because of their
residence in a prescribed area and meet the age requirements
(if any) in relation to a prescribed area; and
(c) the arrangements referred to in paragraph (b) as they apply
when those arrangements are not limited on the basis of
residence in a prescribed area.
National Disability Insurance Scheme launch means:
(a) the arrangements set out in Chapter 2; and
(b) the arrangements set out in Chapter 3 in relation to people
who meet the residence requirements because of their
residence in a prescribed area and meet the age requirements
(if any) in relation to the prescribed area.
National Disability Insurance Scheme rules means the rules
mentioned in section 209.
NDIS amount means an amount paid under the National Disability
Insurance Scheme in respect of reasonable and necessary supports
funded under a participant’s plan.
nominee means the correspondence nominee of a participant or the
plan nominee of a participant.
officer means:
(a) a member of the staff of the Agency under section 169; or

Part 4 Definitions
Section 9
(b) a person assisting the Agency under section 170.

parent: without limiting who is a parent of anyone for the purposes
of this Act, a person is the parent of another person if the other
person is a child of the person within the meaning of the Family
Law Act 1975.
parental responsibility has the meaning given by section 75.
participant means a person who is a participant in the National
Disability Insurance Scheme launch (see sections 28, 29 and 30).
participant’s impairment means an impairment in relation to
which the participant meets the disability requirements, or the early
intervention requirements, to any extent.
participant’s statement of goals and aspirations has the meaning
given by subsection 33(1).
permanent visa has the same meaning as in the Migration Act
1958.
plan, for a participant, means the participant’s plan that is in effect
under section 37.
plan management request has the meaning given by subsection
43(1).
plan nominee means a person who is appointed as the plan
nominee of a participant under section 86.
prescribed area means an area prescribed by the National
Disability Insurance Scheme rules for the purposes of paragraph
22(2)(a) or subsection 23(3).
Principal Member means the Principal Member of the Advisory
Council.
prospective participant means a person in relation to whom an
access request has been made but not yet decided.
prospective participant’s impairment means an impairment in
relation to which the prospective participant claims to meet the

Definitions Part 4
Section 9
disability requirements, or the early intervention requirements, to

any extent.
protected information means:
(a) information about a person that is or was held in the records
of the Agency; or
(b) information to the effect that there is no information about a
person held in the records of the Agency.
protected SCV holder: a person is a protected SCV holder if:
(a) the person was in Australia on 26 February 2001, and was a
special category visa holder on that day; or
(b) the person had been in Australia for a period of, or for
periods totalling, 12 months during the 2 years immediately
before 26 February 2001, and returned to Australia after that
day.
recoverable amount has the meaning given by sections 106 and
107.
registered plan management provider means a registered provider
of supports who is approved in relation to managing the funding
for supports under plans as mentioned in paragraph 70(1)(a).
registered provider of supports means a person approved under
section 70 as a registered provider of supports.
residential care service has the same meaning as in the Aged Care
Act 1997.
reviewable decision has the meaning given by section 99.
review date of a participant’s plan means the date specified in the
plan under paragraph 33(2)(c).
reviewer has the meaning given by subsection 100(5).
reviewing actuary means the actuary who is nominated under
section 180D.
scheme actuary means the actuary who is nominated under
section 180A.

Part 4 Definitions
Section 10
special category visa has the same meaning as in the Migration Act
1958.
statement of participant supports has the meaning given by
subsection 33(2).
supports includes general supports.
10 Definition of host jurisdiction

The Minister may, by legislative instrument, specify that a State or
Territory is a host jurisdiction, with the agreement of that State or
Territory.
Note: Section 42 (disallowance) of the Legislative Instruments Act 2003
does not apply to the instrument (see subsection 44(1) of that Act).
11 Definitions relating to compensation

(1) In this Act:
compensation means a payment (with or without admission of
liability) in respect of:
(a) compensation or damages in respect of personal injury; or
(b) personal injury, under a scheme of insurance or
compensation under a Commonwealth, State or Territory
law, including a payment under a contract entered into under
such a scheme; or
(c) personal injury, in settlement of a claim for damages or a
claim under such an insurance scheme;
that is wholly or partly in respect of the cost of supports that may
be provided to a participant (whether or not specifically identified
as such). It does not matter whether the payment is made directly
to the person who sustained the personal injury or to another
person in respect of that person.
(2) A payment referred to in subsection (1) may be:
(a) in the form of a lump sum or in the form of a series of
periodic payments; and
(b) made within or outside Australia.

Definitions Part 4
Section 11
(3) In this Act, a reference to an insurer who is, under a contract of

insurance, liable to indemnify a compensation payer or a potential
compensation payer includes a reference to an authority of a State
or Territory:
(a) that is liable to indemnify a compensation payer or a
potential compensation payer against such a liability, whether
under a contract, law or otherwise; or
(b) that determines to make a payment to indemnify a
compensation payer or a potential compensation payer
against such a liability, whether or not the authority is liable
to do so.

Part 5 Ministerial Council
Section 12
Part 5—Ministerial Council
12 Ministerial Council functions etc.

(1) The Ministerial Council is to:
(a) consider policy matters that relate to the National Disability
Insurance Scheme or arise under this Act; and
(b) advise the Minister about such matters; and
(c) make recommendations to COAG about such matters.
(2) The advice and recommendations must not relate to a particular
individual.
(3) The Minister must consult the Ministerial Council about policy
matters that relate to the National Disability Insurance Scheme or
arise under this Act.

Assistance for people with disability and others Chapter 2
Section 13
Chapter 2—Assistance for people with

disability and others
13 Agency may provide coordination, strategic and referral services

etc. to people with disability
(1) The Agency may provide general supports to, or in relation to,
people with disability who are not participants.
Note: Chapter 3 deals with the provision of general supports to, or in relation
to, participants.
(2) In this Act:

general support means:
(a) a service provided by the Agency to a person; or
(b) an activity engaged in by the Agency in relation to a person;
that is in the nature of a coordination, strategic or referral service
or activity, including a locally provided coordination, strategic or
referral service or activity.
14 Agency may provide funding to persons or entities

The Agency may provide assistance in the form of funding for
persons or entities:
(a) for the purposes of enabling those persons or entities to assist
people with disability to:
(i) realise their potential for physical, social, emotional and
intellectual development; and
(ii) participate in social and economic life; and
(b) otherwise in the performance of the Agency’s functions.
15 Agency may provide information

(1) The Agency may provide information about the following:
(a) matters relevant to the National Disability Insurance Scheme;
(b) the functions of the Agency.

Chapter 2 Assistance for people with disability and others
Section 16
(2) The Agency must use its best endeavours to provide timely and
accurate information to people with disability and other people in
order to assist them in making informed decisions about matters
relevant to the National Disability Insurance Scheme.
16 Agency may assist in relation to doing things under Chapter

The Agency may provide support and assistance to people in
relation to doing things under, or for the purposes of, this Chapter.
17 National Disability Insurance Scheme rules

The National Disability Insurance Scheme rules may prescribe
matters for and in relation to this Chapter.

Participants and their plans Chapter 3
Principles Part 1A
Section 17A
Chapter 3—Participants and their plans

Part 1A—Principles
17A Principles relating to the participation of people with disability

(1) People with disability are assumed, so far as is reasonable in the
circumstances, to have capacity to determine their own best
interests and make decisions that affect their own lives.
(2) People with disability will be supported in their dealings and
communications with the Agency so that their capacity to exercise
choice and control is maximised.
(3) The National Disability Insurance Scheme is to:
(a) respect the interests of people with disability in exercising
choice and control about matters that affect them; and
(b) enable people with disability to make decisions that will
affect their lives, to the extent of their capacity; and
(c) support people with disability to participate in, and contribute
to, social and economic life, to the extent of their ability.

Chapter 3 Participants and their plans
Part 1 Becoming a participant
Section 18
Part 1—Becoming a participant
18 Person may make a request to become a participant

A person may make a request (an access request) to the Agency to
become a participant in the National Disability Insurance Scheme
launch.
Note: Once a person becomes a participant, the CEO must commence to
facilitate the preparation of his or her plan (see section 32).
19 Matters relating to access requests

(1) An access request 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) certify that it includes all the information, and is
accompanied by all the documents, required as mentioned in
paragraph (b) that are in the possession or control of the
person.
Note: The CEO is not required to make a decision on the access request if
this section is not complied with (see section 197).
(2) If:
(a) a person has made an access request; and
(b) 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 may make another access request at any time, unless at
that time either of the following has been commenced, but not
finally determined:
(c) a review (the initial review) under subsection 100(5) of the
CEO’s decision;
(d) a review under section 103 of a decision on the initial review.

Becoming a participant Part 1
Section 20
20 CEO must consider and decide access requests

If a person (the prospective participant) makes an access request,
the CEO must, within 21 days of receiving the access request:
(a) decide whether or not the prospective participant meets the
access criteria; or
(b) make one or more requests under subsection 26(1).
21 When a person meets the access criteria

(1) A person meets the access criteria if:
(a) the CEO is satisfied that the person meets the age
requirements (see section 22); and
(b) the CEO is satisfied that, at the time of considering the
request, the person meets the residence requirements (see
section 23); and
(c) the CEO is satisfied that, at the time of considering the
request:
(i) the person meets the disability requirements (see
section 24); or
(ii) the person meets the early intervention requirements
(see section 25).
(2) If the CEO is not satisfied as mentioned in subsection (1), the
person meets the access criteria if the CEO is satisfied of the
following:
(a) at the time of considering the request, the person satisfies the
requirements in relation to residence prescribed as mentioned
in subsection 23(3) (whether or not the person also satisfies
the requirements mentioned in subsection 23(1));
(b) the person:
(i) was receiving supports at the time of considering the
request or, if another time is prescribed by the National
Disability Insurance Scheme rules for the purposes of
this subparagraph, at that other time; and
(ii) received the supports throughout the period (if any)
prescribed by the National Disability Insurance Scheme
rules for the purposes of this subparagraph; and

Section 22
(iii) received the supports under a program prescribed by the

National Disability Insurance Scheme rules for the
purposes of this subparagraph;
(c) if the person becomes a participant, the person would not be
entitled to receive the supports referred to in paragraph (b), or
equivalent supports.
(3) The CEO is taken to have decided that the prospective participant
does not meet the access criteria if:
(a) the CEO does not do a thing referred to in paragraph 20(a) or
(b) within the 21-day period referred to in section 20; or
(b) if subsection 26(2) applies—the CEO does not do one of the
things referred to in that subsection within the 14-day period
referred to in that subsection.
Note 1: The periods may be extended under National Disability Insurance
Scheme rules made under section 204.
Note 2: Notice of a decision that the CEO is taken to have made must be given
because of subsection 100(1) and will be automatically reviewed
because of subsection 100(5).
22 Age requirements
(1) A person meets the age requirements if:
(a) the person was aged under 65 when the access request in
relation to the person was made; and
(b) if the National Disability Insurance Scheme rules for the
purposes of this paragraph prescribe that on a prescribed date
or a date in a prescribed period the person must be a
prescribed age—the person is that age on that date.
(2) Without limiting paragraph (1)(b), National Disability Insurance
Scheme rules made for the purposes of that paragraph:
(a) may prescribe that a person must be a prescribed age on a
prescribed date or a date in a prescribed period only if the
person resides in a prescribed area of Australia; and
(b) may prescribe different ages and different dates in relation to
different areas of Australia.

Section 23
23 Residence requirements
(1) A person meets the residence requirements if the person:
(a) resides in Australia; and
(b) is one of the following:
(i) an Australian citizen;
(ii) the holder of a permanent visa;
(iii) a special category visa holder who is a protected SCV
holder; and
(c) satisfies the other requirements in relation to residence that
are prescribed by the National Disability Insurance Scheme
rules.
(2) In deciding whether or not a person resides in Australia, regard
must be had to:
(a) the nature of the accommodation used by the person in
Australia; and
(b) the nature and extent of the family relationships the person
has in Australia; and
(c) the nature and extent of the person’s employment, business
or financial ties with Australia; and
(d) the nature and extent of the person’s assets located in
Australia; and
(e) the frequency and duration of the person’s travel outside
Australia; and
(f) any other matter relevant to determining whether the person
intends to remain permanently in Australia.
(3) Without limiting paragraph (1)(c), National Disability Insurance
Scheme rules made for the purposes of that paragraph:
(a) may require that a person reside in a prescribed area of
Australia on a prescribed date or a date in a prescribed period
in order to meet the residence requirements; and
(b) may require that a person has resided in a prescribed area for
a prescribed period in order to meet the residence
requirements; and
(c) may require that a person continue to reside in a prescribed
area of Australia in order to meet the residence requirements.

Section 24
24 Disability requirements
(1) A person meets the disability requirements if:
(a) the person has a disability that is attributable to one or more
intellectual, cognitive, neurological, sensory or physical
impairments or to one or more impairments attributable to a
psychiatric condition; and
(b) the impairment or impairments are, or are likely to be,
permanent; and
(c) the impairment or impairments result in substantially reduced
functional capacity to undertake, or psychosocial functioning
in undertaking, one or more of the following activities:
(i) communication;
(ii) social interaction;
(iii) learning;
(iv) mobility;
(v) self-care;
(vi) self-management; and
(d) the impairment or impairments affect the person’s capacity
for social and economic participation; and
(e) the person is likely to require support under the National
Disability Insurance Scheme for the person’s lifetime.
(2) For the purposes of subsection (1), an impairment or impairments
that vary in intensity may be permanent, and the person is likely to
require support under the National Disability Insurance Scheme for
the person’s lifetime, despite the variation.
25 Early intervention requirements

(1) A person meets the early intervention requirements if:
(a) the person:
(i) has one or more identified intellectual, cognitive,
neurological, sensory or physical impairments that are,
or are likely to be, permanent; or
(ii) has one or more identified impairments that are
attributable to a psychiatric condition and are, or are
likely to be, permanent; or

Section 25
(iii) is a child who has developmental delay; and

(b) the CEO is satisfied that provision of early intervention
supports for the person is likely to benefit the person by
reducing the person’s future needs for supports in relation to
disability; and
(c) the CEO is satisfied that provision of early intervention
supports for the person is likely to benefit the person by:
(i) mitigating or alleviating the impact of the person’s
impairment upon the functional capacity of the person
to undertake communication, social interaction,
learning, mobility, self-care or self-management; or
(ii) preventing the deterioration of such functional capacity;
or
(iii) improving such functional capacity; or
(iv) strengthening the sustainability of informal supports
available to the person, including through building the
capacity of the person’s carer.
Note: In certain circumstances, a person with a degenerative condition could
meet the early intervention requirements and therefore become a
participant.
(2) The CEO is taken to be satisfied as mentioned in paragraphs (1)(b)

and (c) if one or more of the person’s impairments are prescribed
by the National Disability Insurance Scheme rules for the purposes
of this subsection.
(3) Despite subsections (1) and (2), the person does not meet the early
intervention requirements if the CEO is satisfied that early
intervention support for the person is not most appropriately
funded or provided through the National Disability Insurance
Scheme, and is more appropriately funded or provided through
other general systems of service delivery or support services
offered by a person, agency or body, or through systems of service
delivery or support services offered:
(a) as part of a universal service obligation; or
(b) in accordance with reasonable adjustments required under a
law dealing with discrimination on the basis of disability.

Section 26
26 Requests that the CEO may make

(1) The requests the CEO may make under this subsection after a
prospective participant has made an access request (see paragraph
20(b)) are as follows:
(a) that the prospective participant, or another person, provide
information that is reasonably necessary for deciding whether
or not the prospective participant meets the access criteria;
(b) that the prospective 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.
(2) If:
(a) information or one or more reports are requested under
subsection (1); and
(b) the information and each such report are received by the
CEO within 28 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) decide whether or not the prospective participant meets the
access criteria; or
(d) make a further request under subsection (1).
(3) If:
(a) information or one or more reports are requested under
subsection (1); and
(b) the information and each such report are not received by the
CEO within 28 days, or such longer period as is specified in
the request, after that information or report is requested;
the prospective participant is taken to have withdrawn the access
request, unless the CEO is satisfied that it was reasonable for the

Section 27
prospective participant not to have complied with the request made

by the CEO within that period.
27 National Disability Insurance Scheme rules relating to disability

requirements and early intervention requirements
(1) The National Disability Insurance Scheme rules may prescribe
circumstances in which, or criteria to be applied in assessing
whether:
(a) one or more impairments are, or are likely to be, permanent
for the purposes of paragraph 24(1)(b) or
subparagraph 25(a)(i) or (ii); or
(b) one or more impairments result in substantially reduced
functional capacity of a person to undertake, or psychosocial
functioning of a person in undertaking, one or more activities
for the purposes of paragraph 24(1)(c); or
(c) one or more impairments affect a person’s capacity for social
and economic participation for the purposes of paragraph
24(1)(d); or
(d) the provision of early intervention supports is likely to
benefit a person by reducing the person’s future needs for
supports in relation to disability for the purposes of
paragraph 25(1)(b); or
(e) the provision of early intervention supports is likely to
benefit a person by mitigating, alleviating or preventing the
deterioration of the person’s functional capacity to undertake
one or more of the activities for the purposes of
subparagraph 25(1)(c)(i) or (ii), or improving such functional
capacity for the purposes of subparagraph 25(1)(c)(iii); or
(f) the provision of early intervention supports is likely to
benefit a person by strengthening the sustainability of the
informal supports available to the person, including through
building the capacity of the person’s carer for the purposes of
subparagraph 25(1)(c)(iv).
(2) The National Disability Insurance Scheme rules may prescribe for
and in relation to the following:

Section 28
(a) the persons who may conduct assessments for the purposes of
deciding whether a person meets the disability requirements
or the early intervention requirements;
(b) the kinds of assessments that may be conducted for those
purposes.
28 When a person becomes a participant

(1) A person becomes a participant in the National Disability
Insurance Scheme launch on the day the CEO decides that the
person meets the access criteria.
(2) The CEO must give written notice of the decision to the
participant, stating the date on which the person became a
participant.
29 When a person ceases to be a participant

(1) A person ceases to be a participant in the National Disability
Insurance Scheme launch when:
(a) the person dies; or
(b) the person enters a residential care service on a permanent
basis, or starts being provided with community care on a
permanent basis, and this first occurs only after the person
turns 65 years of age; or
(c) the person’s status as a participant is revoked under
section 30; or
(d) the person notifies the CEO in writing that he or she no
longer wishes to be a participant.
Note: Residential care service and community care have the same meanings
as in the Aged Care Act 1997.
(2) A person is not entitled to be paid NDIS amounts so far as the

amounts relate to reasonable and necessary supports that would
otherwise have been funded in respect of a period after he or she
ceased to be a participant.

Section 30
30 Revocation of participant status

(1) The CEO may revoke a person’s status as a participant in the
National Disability Insurance Scheme launch if:
(a) the CEO is satisfied that the person does not meet the
residence requirements (see section 23); or
(b) the CEO is satisfied that the person does not meet at least one
of the following:
(i) the disability requirements (see section 24);
(ii) the early intervention requirements (see section 25).
(2) The CEO must give written notice of the decision to the
participant, stating the date on which the revocation takes effect.

Part 2 Participants’ plans
Division 1 Principles relating to plans
Section 31
Part 2—Participants’ plans

Division 1—Principles relating to plans
31 Principles relating to plans

The preparation, review and replacement of a participant’s plan,
and the management of the funding for supports under a
participant’s plan, should so far as reasonably practicable:
(a) be individualised; and
(b) be directed by the participant; and
(c) where relevant, consider and respect the role of family, carers
and other persons who are significant in the life of the
participant; and
(d) where possible, strengthen and build capacity of families and
carers to support participants who are children; and
(da) if the participant and the participant’s carers agree—
strengthen and build the capacity of families and carers to
support the participant in adult life; and
(e) consider the availability to the participant of informal support
and other support services generally available to any person
in the community; and
(f) support communities to respond to the individual goals and
needs of participants; and
(g) be underpinned by the right of the participant to exercise
control over his or her own life; and
(h) advance the inclusion and participation in the community of
the participant with the aim of achieving his or her individual
aspirations; and
(i) maximise the choice and independence of the participant; and
(j) facilitate tailored and flexible responses to the individual
goals and needs of the participant; and
(k) provide the context for the provision of disability services to
the participant and, where appropriate, coordinate the
delivery of disability services where there is more than one
disability service provider.

Participants’ plans Part 2
Preparing participants’ plans Division 2
Section 32
Division 2—Preparing participants’ plans
32 CEO must facilitate preparation of participant’s plan

(1) If a person becomes a participant, the CEO must facilitate the
preparation of the participant’s plan.
(2) The CEO must commence facilitating the preparation of the
participant’s plan in accordance with the National Disability
Insurance Scheme rules.
(3) If National Disability Insurance Scheme rules made for the
purposes of subsection (2) do not require the CEO to commence
facilitating the preparation of a participant’s plan within a
prescribed period or in prescribed circumstances, the CEO must
commence facilitating the preparation of the plan as soon as
reasonably practicable, having regard to the obligations of the CEO
under the rules to commence facilitating the preparation of other
participants’ plans.
32A Rules about preparation of plans

(1) Without limiting subsection 32(2), National Disability Insurance
Scheme rules made for the purposes of that subsection may require
the CEO to commence facilitating the preparation of the plan of a
participant included in a class prescribed by the rules:
(a) within a period prescribed by the rules; or
(b) in circumstances prescribed by the rules.
(2) Without limiting the classes that may be prescribed as mentioned
in subsection (1), a class may be prescribed by reference to one or
more of the following:
(a) whether the participant’s name is included on a prescribed
waiting list;
(b) whether the participant is receiving support from a prescribed
service provider or under a prescribed program;
(c) whether, when the participant first made an access request, he
or she was not receiving supports other than informal
supports in relation to his or her disability;

Division 2 Preparing participants’ plans
Section 32A
(d) the place of residence of the participant on a prescribed date

or throughout a prescribed period;
(e) whether, when the participant first made an access request, he
or she had left, or was reasonably likely to leave, school at a
prescribed time or during a prescribed period;
(f) the participant’s age;
(g) other matters.
(3) Despite subsection 32(2) and subsection (1) of this section, if the
CEO is satisfied that, because of the urgency of the circumstances,
it is appropriate to commence facilitating the preparation of a
participant’s plan at a particular time:
(a) the CEO may do so; and
(b) if doing so means that it is necessary not to commence
facilitating the preparation of the plans of one or more other
participants—the CEO may delay commencing such
facilitation, so far as is reasonably necessary.
matters to which the CEO is to have regard in deciding for the
purposes of subsection (3) whether or not he or she is satisfied that,
because of the urgency of the circumstances, it is appropriate to
commence facilitating the preparation of a participant’s plan.
(5) If the CEO commences or delays facilitating the preparation of a
participant’s plan in accordance with subsection (3), the CEO does
not breach subsection 32(2), or National Disability Insurance
Scheme rules made for the purposes of that subsection, in relation
to the participants concerned.
(6) Without limiting subsection 32(2) of this section, National
Disability Insurance Scheme rules made for the purposes of that
subsection (including as mentioned in subsection (1) of this
section) may do one or more of the following:
(a) prescribe a class by reference to a decision of the CEO about
a matter prescribed by the rules;
(b) prescribe a period or circumstances by reference to a decision
of the CEO;
(c) prescribe matters by reference to a decision of the CEO.

Section 33
(7) The CEO does not have a duty to consider whether to exercise a
discretion conferred upon the CEO by:
(a) subsection (3); or
(b) National Disability Insurance Scheme rules made for the
purposes of subsection 32(2) (including as mentioned in
subsection (1) of this section).
33 Matters that must be included in a participant’s plan

(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.
(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 general supports (if any) that will be provided to, or in
relation to, the participant; and
(b) the reasonable and necessary supports (if any) that will be
funded under the National Disability Insurance Scheme; and
(c) the date by which, or the circumstances in which, the Agency
must review the plan under Division 4; and
(d) the management of the funding for supports under the plan
(see also Division 3); and
(e) the management of other aspects of the plan.
(3) The supports that will be funded or 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.

Section 33
(4) The CEO must endeavour to decide whether or not to approve the
statement of participant supports as soon as reasonably practicable,
including what is reasonably practicable having regard to
section 36 (information and reports).
(5) 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) have regard to relevant assessments conducted in relation to
the participant; and
(c) be satisfied as mentioned in section 34 in relation to the
reasonable and necessary supports that will be funded and the
general supports that will be provided; and
(d) apply any methods and have regard to any criteria prescribed
by the National Disability Insurance Scheme rules in relation
to the manner in which the reasonable and necessary supports
will be funded; and
(e) have regard to the principle that a participant should manage
his or her plan to the extent that he or she wishes to do so;
and
(f) have regard to the operation and effectiveness of any
previous plans of the participant.
(6) 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 provider of
supports.
(7) A participant’s plan may include additional matters, including such
additional matters as are prescribed by the National Disability
Note: For example, a participant’s plan may include arrangements for
ongoing contact with the Agency.
(8) 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
him or her.

Section 34
34 Reasonable and necessary supports

For the purposes of specifying, in a statement of participant
supports, the general supports that will be provided, and the
reasonable and necessary supports that will be funded, the CEO
must be satisfied of all of the following in relation to the funding or
provision of each such support:
(a) the support will assist the participant to pursue the goals,
objectives and aspirations included in the participant’s
statement of goals and aspirations;
(b) the support will assist the participant to undertake activities,
so as to facilitate the participant’s social and economic
participation;
(c) the support represents value for money in that the costs of the
support are reasonable, relative to both the benefits achieved
and the cost of alternative support;
(d) the support will be, or is likely to be, effective and beneficial
for the participant, having regard to current good practice;
(e) the funding or provision of the support takes account of what
it is reasonable to expect families, carers, informal networks
and the community to provide;
(f) the support is most appropriately funded or provided through
the National Disability Insurance Scheme, and is not more
appropriately funded or provided through other general
systems of service delivery or support services offered by a
person, agency or body, or systems of service delivery or
support services offered:
(i) as part of a universal service obligation; or
(ii) in accordance with reasonable adjustments required
under a law dealing with discrimination on the basis of
disability;
(g) the support is not prescribed by the National Disability
Insurance Scheme rules as a support that will not be funded
or provided under the National Disability Insurance Scheme;
(h) the funding of the support complies with the methods or
criteria (if any) prescribed by the National Disability
Insurance Scheme rules for deciding the reasonable and

Section 35
necessary supports that will be funded under the National

35 National Disability Insurance Scheme rules for statement of

participant supports
(1) The National Disability Insurance Scheme rules may prescribe:
(a) a method for assessing, or criteria for deciding, the
reasonable and necessary supports or general supports that
will be funded or provided under the National Disability
(b) reasonable and necessary supports or general supports that
will not be funded or provided under the National Disability
(c) reasonable and necessary supports or general supports that
will or will not be funded or provided under the National
Disability Insurance Scheme for prescribed participants.
(2) The methods or criteria prescribed by the National Disability
Insurance Scheme rules for assessing or deciding the reasonable
and necessary supports that will be funded may include methods or
criteria relating to the manner in which the supports are to be
funded and by whom the supports so funded are to be provided.
Insurance Scheme rules for assessing or deciding the general
supports that will be provided may include methods or criteria
relating to the manner in which the supports are to be provided.
and necessary supports that will be funded under the National
Disability Insurance Scheme may include methods or criteria
relating 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.

Section 36

and necessary supports that will be funded under the National
Disability Insurance Scheme may include methods or criteria
relating to how to take into account 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.
36 Information and reports for the purposes of preparing and

approving a participant’s plan
(1) For the purposes of preparing a statement of participant supports,
or deciding whether to approve a statement of participant supports,
the CEO may make one or more requests under subsection (2).
(2) The requests the CEO may make are as follows:
(a) that the participant, or another person, provide information
that is reasonably necessary for the purposes of preparing the
statement of participant supports, or deciding whether to
approve the statement of participant supports;
(b) that the participant do either or both of the following:
(3) The CEO may prepare the statement of participant supports, or
decide whether to approve a statement of participant supports,
before all the information and reports requested under
subsection (2) are received by the CEO, but must give the
participant a reasonable opportunity to provide them.
Note: If information or reports are provided after the plan is approved, the
plan can be reviewed and if necessary replaced.

Section 37
37 When plan is in effect

(1) A participant’s plan comes into effect when the CEO has:
(a) received the participant’s statement of goals and aspirations
from the participant; and
(b) approved the statement of participant supports.
(2) A participant’s plan cannot be varied after it comes into effect, but
can be replaced under Division 4.
Note: Under Division 4, a participant may request a review of his or her plan
at any time and may revise the participant’s statement of goals and
aspirations at any time, which results in the replacement of the plan.
(3) A participant’s plan ceases to be in effect at the earlier of the

following times:
(a) when it is replaced by another plan under Division 4;
(b) when the participant ceases to be a participant.
38 Copy of plan to be provided

The CEO must provide a copy of a participant’s plan to the
participant within 7 days after the plan comes into effect.
39 Agency must comply with the statement of participant supports

The Agency must comply with the statement of participant
supports in a participant’s plan.
40 Effect of temporary absence on plans

(1) A participant for whom a plan is in effect may be temporarily
absent from Australia for the grace period for the absence without
affecting the participant’s plan.
(2) The grace period for a temporary absence of a participant is:
(a) 6 weeks beginning when the participant leaves Australia; or
(b) if the CEO is satisfied that it is appropriate for the grace
period to be longer than 6 weeks—such longer period as the
CEO decides, having regard to the criteria (if any) prescribed

Section 41
by the National Disability Insurance Scheme rules for the

purposes of this paragraph.
(3) If a participant for whom a plan is in effect is temporarily absent
from Australia after the end of the grace period for the absence, the
participant’s plan is suspended from the end of the grace period
until the participant returns to Australia.
(4) For the purposes of this section, a person’s absence from Australia
is temporary if, throughout the absence, the person does not cease
to reside in Australia (within the meaning of paragraph 23(1)(a)).
41 Suspension of plans
(1) A statement of participant supports in a participant’s plan is
suspended:
(a) as mentioned in subsection 40(3) (which deals with
temporary absence from Australia); and
(b) as mentioned in subsection 105(2) (which deals with
obtaining compensation).
(2) The effect of suspension of a statement of participant supports in a
participant’s plan is that the plan remains in effect but, during the
period of suspension:
(a) the person is not entitled to be paid NDIS amounts, so far as
the amounts relate to reasonable and necessary supports that
would otherwise have been funded in respect of that period;
and
(b) the Agency is not required to provide or fund other supports
under the plan, but is not prevented from doing so if the CEO
considers it appropriate; and
(c) the participant is not entitled to request a review of the plan
under subsection 48(1).

Division 3 Managing the funding for supports under participants’ plans
Section 42
Division 3—Managing the funding for supports under

participants’ plans
42 Meaning of managing the funding for supports under a

participant’s plan
(1) For the purposes of this Act, managing the funding for supports
under a participant’s plan means:
(a) purchasing the supports identified in the plan (including
paying any applicable indirect costs, such as taxes, associated
with the supports); and
(b) receiving and managing any funding provided by the
Agency; and
(c) acquitting any funding provided by the Agency.
(2) For the purposes of the statement of participant supports in a
participant’s plan, in specifying the management of the funding for
supports under the plan as mentioned in paragraph 33(2)(d), the
plan must specify that such funding is to be managed wholly, or to
a specified extent, by:
(a) the participant; or
(b) a registered plan management provider; or
(c) the Agency; or
(d) the plan nominee.
43 Choice for the participant in relation to plan management

(1) A participant for whom a plan is in effect or is being prepared may
make a request (a plan management request):
(a) that he or she manage the funding for supports under the plan
wholly or to the extent specified in the request; or
(b) that the funding for supports under the plan be managed
wholly, or to the extent specified in the request, by a
registered plan management provider he or she nominates; or
(c) that the funding for supports under the plan be managed
wholly, or to the extent specified in the request, by a person
specified by the Agency.

Managing the funding for supports under participants’ plans Division 3
Section 43
(2) A statement of participant supports in a participant’s plan must

give effect to the plan management request other than as follows:
(a) if the participant is prevented from managing the funding for
supports under the plan to any extent by section 44—the
statement must make provision in accordance with
subsection (3) of this section;
(b) if the participant has a plan nominee—the statement must
provide that the funding for supports under the plan is to be
managed in accordance with the terms of the plan nominee’s
appointment.
(3) If the participant is prevented from managing the funding for
supports under the plan wholly, or to a specified extent, by
section 44, the statement of participant supports in the plan must
provide that:
(a) the funding for supports under the plan is to be managed in
accordance with the plan management request, to the extent
that the participant is not prevented from managing it; and
(b) the remainder of the funding for supports under the plan is to
be managed by:
(i) a registered plan management provider specified by the
Agency; or
(ii) the Agency.
(4) If a participant does not make a plan management request, the
statement of participant supports in the plan must provide that the
funding for supports under the plan is to be managed by:
(a) a registered plan management provider specified by the
Agency; or
(b) the Agency.
(5) If the funding for supports under a participant’s plan is to be
managed to any extent by a registered plan management provider
specified by the Agency, or by the Agency, the CEO must, so far
as reasonably practicable, have regard to the wishes of the
participant in specifying who is to manage the funding for supports
under the plan to that extent.

Division 3 Managing the funding for supports under participants’ plans
Section 44
44 Circumstances in which participant must not manage plan to

specified extent
(1) The statement of participant supports in a participant’s plan must
not provide that the participant is to manage the funding for
supports under his or her plan to any extent if the participant is an
insolvent under administration.
not provide that the participant is to manage the funding for
supports under his or her plan to a particular extent if the CEO is
satisfied that management of the plan to that extent would:
(a) present an unreasonable risk to the participant; or
(b) permit the participant to manage matters that are prescribed
by the National Disability Insurance Scheme rules as being
matters that must not be managed by a participant.
criteria to which the CEO is to have regard in considering whether
a participant managing the funding for supports under the plan
would present an unreasonable risk to the participant.
45 Payment of NDIS amounts

(1) An NDIS amount that is payable to a participant, or to a person
who is managing the funding for supports under a participant’s
plan, is to be paid:
(a) at the time or times determined by the CEO in accordance
with the National Disability Insurance Scheme rules; and
(b) in the manner (if any) prescribed by the National Disability
(2) Without limiting paragraph (1)(b), the National Disability
Insurance Scheme rules may provide that:
(a) an NDIS amount is to be paid to the credit of a bank account
nominated and maintained by the person to whom it is to be
paid; and
(b) an NDIS amount is not payable to the person until the person
nominates an account.

Managing the funding for supports under participants’ plans Division 3
Section 46
46 Acquittal of NDIS amounts

(1) A participant who receives an NDIS amount, or a person who
receives an NDIS amount on behalf of a participant, must spend
the money in accordance with the participant’s plan.
(2) The National Disability Insurance Scheme rules may make
provision for and in relation to the retention of records of NDIS
amounts paid to participants and other persons, including requiring
that prescribed records be retained for a prescribed period.

Division 4 Reviewing and changing participants’ plans
Section 47
Division 4—Reviewing and changing participants’ plans
47 Participant may change participant’s statement of goals and

aspirations at any time
(1) A participant may give the CEO a changed version of the
participant’s statement of goals and aspirations at any time.
Note: The participant may also request a review of his or her plan at any
time under subsection 48(1) and the CEO may review a participant’s
plan at any time under subsection 48(4).
(2) If a participant gives a changed version of the participant’s

statement of goals and aspirations to the CEO, the plan is taken to
be replaced by a new plan comprising:
(a) the changed version of the participant’s statement of goals
and aspirations; and
(b) the statement of participant supports in the existing plan.
(3) The Agency must provide a copy of the new plan to the participant
within 7 days of receiving the changed version of the participant’s
statement of goals and aspirations.
48 Review of participant’s plan

(1) A participant may request that the CEO conduct a review of the
participant’s plan at any time.
(2) The CEO must decide whether or not to conduct the review within
14 days after receiving the request. If the CEO does not make a
decision within that period, he or she is taken to have decided not
to conduct the review.
Note 1: The period may be extended under National Disability Insurance
Scheme rules made under section 204.
Note 2: Notice of a decision that the CEO makes, or is taken to have made,
must be given because of subsection 100(1), and a decision the CEO is
taken to have made will be automatically reviewed because of
subsection 100(5).
(3) If the CEO decides to conduct a review under subsection (1), the
CEO must commence to facilitate the review within 14 days after

Reviewing and changing participants’ plans Division 4
Section 49
so deciding and must complete the review as soon as reasonably

practicable.
(4) The CEO may, on the CEO’s initiative, conduct a review of a
participant’s plan at any time.
(5) The CEO must conduct a review of a participant’s plan before the
plan’s review date and in the circumstances, if any, specified in the
plan.
(6) The CEO must conduct a review of a participant’s plan in the
circumstances (if any) prescribed by the National Disability
49 Outcome of review
If the CEO conducts a review of a participant’s plan under
section 48, the CEO must facilitate the preparation of a new plan
with the participant in accordance with Division 2.
Note 1: If the participant does not wish to change the participant’s statement
of goals and aspirations, the statement remains unchanged and forms
part of the new plan.
Note 2: Because the new plan is prepared in accordance with Division 2, a
decision to approve the statement of participant supports in the plan
would be made under subsection 33(2) and be reviewable under
paragraph 99(d).
50 Information and reports for the purposes of reviewing a

participant’s plan
(1) For the purposes of reviewing a participant’s plan, the CEO may
make one or more requests under subsection (2).
(2) The requests the CEO may make are as follows:
(a) that the participant, or another person, provide information
that is reasonably necessary for the purposes of reviewing the
participant’s plan; or
(b) that the participant do either or both of the following:

Division 4 Reviewing and changing participants’ plans
Section 50

(3) The CEO may review a participant’s plan before all the
information and reports requested under subsection (2) are received
by the CEO, but must give the participant a reasonable opportunity
to provide them.
Note: If information or reports are provided after the plan is reviewed, the
plan can be reviewed again and if necessary replaced.

Administration Chapter 4
General matters Part 1
Participants and prospective participants Division 1
Section 51
Chapter 4—Administration
Part 1—General matters
Division 1—Participants and prospective participants
51 Requirement to notify change of circumstances

(1) A participant or a prospective participant must notify the CEO if:
(a) an event or change of circumstances happens that affects, or
might affect, his or her access request, status as a participant
or plan; or
(b) the participant or prospective participant becomes aware that
such an event or change of circumstances is likely to happen.
(2) The participant or prospective participant must notify the CEO:
(a) in the manner set out in a written notice given to him or her
under section 52; and
(b) as soon as reasonably practicable after he or she becomes
aware that the event or change of circumstances has
happened or is likely to happen.
52 Requirements relating to notices

(1) The CEO must approve a manner of notification that a participant
or prospective participant is to use when notifying the CEO in
relation to an event or change of circumstances under section 51.
(2) The CEO must, by written notice, notify the participant or
prospective participant of the approved manner of notification.
53 Power to obtain information from participants and prospective

participants to ensure the integrity of the National
Disability Insurance Scheme
(1) If the CEO has reasonable grounds to believe that a participant or a
prospective participant has information, or has custody or control
of a document, that may be relevant to one or more of the matters

Chapter 4 Administration
Part 1 General matters
Division 1 Participants and prospective participants
Section 54
mentioned in subsection (2), the CEO may require the participant

or prospective participant to give the information, or produce the
document, to the Agency.
(2) The matters are as follows:
(a) the monitoring of supports funded for, or provided to, a
participant;
(b) whether NDIS amounts paid to the participant or to another
person have been spent in accordance with the participant’s
plan;
(c) determining whether the participant was not entitled to be
paid NDIS amounts because of the misleading statements or
fraud of any person;
(d) whether the participant or other person has complied with
section 46;
(e) whether the participant or prospective participant receives:
(i) supports or funding through a statutory compensation
scheme or a statutory care or support scheme; or
(ii) any other disability or early intervention supports.
54 Written notice of requirement

(1) A requirement under section 53 must be made by written notice
given to the person of whom the requirement is made.
(2) The notice must specify:
(a) the nature of the information or document that is required to
be given or produced; and
(b) how the person is to give the information or produce the
document; and
(c) the period within which the person is to give the information
or produce the document to the Agency; and
(d) the officer to whom the information is to be given or the
document is to be produced; and
(e) that the notice is given under this section.
(3) The period specified under paragraph (2)(c) must be at least 14
days beginning on the day on which the notice is given.

Other persons Division 2
Section 55
Division 2—Other persons
55 Power to obtain information from other persons to ensure the

integrity of the National Disability Insurance Scheme
(1) If the CEO has reasonable grounds to believe that a person other
than a participant or a prospective participant has information, or
has custody or control of a document, that may be relevant to one
or more of the matters mentioned in subsection (2), the CEO may
require the person to give the information, or produce the
document, to the Agency.
(2) The matters are as follows:
(a) whether a prospective participant meets the access criteria;
(b) whether a participant continues to meet the access criteria;
(c) whether a person purporting to act on a person’s behalf for
the purposes of this Act has the authority to do so;
(d) the preparation or review of a participant’s plan;
(e) the monitoring of supports funded for, or provided to, a
participant;
(f) whether NDIS amounts paid to the participant or to another
person have been spent in accordance with the participant’s
plan;
(g) whether a participant or other person has complied with
section 46;
(h) whether a participant receives:
(i) supports or funding through a statutory compensation
scheme or a statutory care or support scheme; or
(ii) any other disability support;
(i) whether an applicant for approval as a registered provider of
supports meets the criteria for approval;
(j) whether a registered provider of supports continues to meet
the criteria for approval;
(k) the functions of the Agency.

Division 2 Other persons
Section 56

(1) A requirement under section 55 must be made by written notice
document; and
(3) The period specified under paragraph (2)(c) must be at least 14
days beginning on the day on which the notice is given.
(4) The notice may require the person to give the information by
appearing before a specified officer to answer questions.
(5) If the notice requires the person to appear before an officer, the
notice must specify a time and place at which the person is to
appear. The time must be at least 14 days after the notice is given.
57 Offence—refusal or failure to comply with requirement

(1) A person must not refuse or fail to comply with a requirement
under section 55 to give information or produce a document.
Penalty: 30 penalty units.
Note: If a body corporate is convicted of an offence against this subsection,
subsection 4B(3) of the Crimes Act 1914 allows a court to impose a
fine of up to 5 times the penalty stated above.
(2) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to the matter in this
subsection: see subsection 13.3(3) of the Criminal Code.

Other persons Division 2
Section 57
(3) It is a reasonable excuse for an individual to refuse or fail to give

information or produce a document on the ground that to do so
might tend to incriminate the individual or expose the individual to
a penalty.

Division 3 Interaction with other laws
Section 58
Division 3—Interaction with other laws
58 Obligations not affected by State or Territory laws

(1) Subject to subsection (2), nothing in a law of a State or a Territory
prevents a person from:
(a) giving information; or
(b) producing a document; or
(c) giving evidence;
that the person is required to give or produce to the Agency or an
officer for the purposes of this Act.
(2) Despite subsection (1), a person is not required to give information,
produce a document or give evidence to the Agency or an officer
for the purposes of this Act if:
(a) the person would, apart from subsection (1), be prevented
from doing so under a law of a State or Territory; and
(b) the law of the State or Territory is prescribed by the National
Disability Insurance Scheme rules for the purposes of this
paragraph.
59 Interaction with Commonwealth laws

This Part does not require a person to give information or produce
a document to the extent that in doing so the person would
contravene a law of the Commonwealth.

Privacy Part 2
Section 60
Part 2—Privacy
60 Protection of information held by the Agency etc.

(1) A person may obtain protected information for the purposes of this
Act.
(2) A person may:
(a) make a record of protected information; or
(b) disclose such information to any person; or
(c) otherwise use such information;
if:
(d) the making of the record, or the disclosure or use of the
information, by the person is made:
(i) for the purposes of this Act; or
(ii) for the purpose for which the information was disclosed
to the person under section 66; or
(iii) with the express or implied authorisation of the person
to whom the information relates; or
(e) the person believes on reasonable grounds that the making of
the record, or the disclosure or use of the information, by the
person is necessary to prevent or lessen a serious threat to an
individual’s life, health or safety.
(3) Without limiting subsections (1) and (2), the obtaining, recording,
disclosure or use of information by a person is taken to be for the
purposes of this Act if the CEO believes, on reasonable grounds,
that it is reasonably necessary for one or more of the following
purposes:
(a) research into matters relevant to the National Disability
Insurance Scheme;
(b) actuarial analysis of matters relevant to the National
Disability Insurance Scheme;
(c) policy development.
61 Offence—unauthorised access to protected information

A person commits an offence if:

Part 2 Privacy
Section 62
(a) the person obtains information; and

(b) the person is not authorised or required by or under this Act
to obtain the information; and
(c) the information is protected information.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
Note: If a body corporate is convicted of an offence against this section,
fine of up to 5 times the pecuniary penalty stated above.
62 Offence—unauthorised use or disclosure of protected

information
A person commits an offence if:
(a) the person:
(i) makes a record of information; or
(ii) discloses information to any other person; or
(iii) otherwise makes use of information; and
(b) the person is not authorised or required by or under this Act
to make the record, disclosure or use of the information that
is made by the person; and
63 Offence—soliciting disclosure of protected information

A person (the first person) commits an offence if:
(a) the first person solicits the disclosure of information from an
officer or another person, whether or not any protected
information is actually disclosed; and
(b) the disclosure would be in contravention of this Part; and

Privacy Part 2
Section 64

64 Offence—offering to supply protected information

(1) A person commits an offence if:
(a) the person offers to supply (whether to a particular person or
otherwise) information about another person; and
(b) the person knows the information is protected information.

(a) the person holds himself or herself out as being able to
supply (whether to a particular person or otherwise)
information about another person; and
(b) the person knows the information is protected information.
(3) Subsections (1) and (2) do not apply to an officer acting in the
performance or exercise of his or her duties, functions or powers
under this Act.
65 Protection of certain documents etc. from production to court etc.

A person must not, except for the purposes of this Act, be required:
(a) to produce any document in his or her possession because of
the performance or exercise of his or her duties, functions or
powers under this Act; or
(b) to disclose any matter or thing of which he or she had notice
because of the performance or exercise of such duties,
functions or powers;

Part 2 Privacy
Section 66
to a court, tribunal, authority or person that has power to require

the production of documents or the answering of questions.
66 Disclosure of information by CEO

(1) Despite sections 62 and 65, the CEO may:
(a) if the CEO certifies that it is necessary in the public interest
to do so in a particular case or class of cases—disclose
information acquired by a person in the performance of his or
her functions or duties or in the exercise of his or her powers
under this Act to such persons and for such purposes as the
CEO determines; or
(b) disclose any such information:
(i) to the Secretary of a Department of State of the
Commonwealth, or to the head of an authority of the
Commonwealth, for the purposes of that Department or
authority; or
(ii) to a person who is expressly or impliedly authorised by
the person to whom the information relates to obtain it;
or
(iii) to the Chief Executive Centrelink for the purposes of a
centrelink program; or
(iv) to the Chief Executive Medicare for the purposes of a
medicare program; or
(v) to the chief executive (however described) of a
Department of State of a State or Territory, or to the
head of an authority of a State or Territory, for the
purposes of that Department or authority.
(2) In certifying for the purposes of paragraph (1)(a) or disclosing
information for the purposes of subparagraph (1)(b)(i) or (v), the
CEO must act in accordance with any National Disability
Insurance Scheme rules made for the purposes of section 67.
(3) Despite any other provision of this Part, the CEO may disclose
protected information to a participant’s nominee if the protected
information:
(a) relates to the participant; and
(b) is or was held in the records of the Agency.

Privacy Part 2
Section 67
67 National Disability Insurance Scheme rules for exercise of CEO’s

disclosure powers
The National Disability Insurance Scheme rules may make
provision for and in relation to the exercise of either or both of the
following:
(a) the CEO’s power to certify for the purposes of paragraph
66(1)(a);
(b) the CEO’s power under subparagraph 66(1)(b)(i) or (v) to
disclose information to a person.
68 Part does not affect the operation of the Freedom of Information

Act 1982
The provisions of this Part that relate to the disclosure of
information do not affect the operation of the Freedom of
Information Act 1982.

Part 3 Registered providers of supports
Section 69
Part 3—Registered providers of supports
69 Application to be a registered provider of supports

(1) A person or entity may apply in writing to the CEO to be a
registered provider of supports in relation to either or both of the
following:
(a) managing the funding for supports under plans;
(b) the provision of supports.
Note 1: If the funding for supports under a plan is managed by the Agency,
supports are to be provided only by a registered provider of supports
(see subsection 33(6)).
Note 2: A registered plan management provider of supports may in certain
circumstances manage the funding for supports under a plan (see
subsection 42(2)).
(2) The application 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.
Note: The CEO is not required to make a decision on the application if this
subsection is not complied with (see section 197).
70 Registered providers of supports

(1) The CEO must approve a person or entity as a registered provider
of supports in relation to either or both of the following:
(a) managing the funding for supports under plans;
(b) the provision of supports;
if:
(c) the person or entity (the applicant) makes an application
under section 69; and
(d) the CEO is satisfied that the applicant meets the criteria
rules.
(2) An approval of a person or entity as a registered provider of
supports must be by written instrument.

Registered providers of supports Part 3
Section 71
(3) The instrument may specify that the person or entity is a registered
provider of supports in respect of:
(a) a class of supports specified in the instrument; or
(b) a class of person specified in the instrument.
(4) The instrument may specify that it ceases to be in effect on a
specified day.
71 When a person or entity ceases to be a registered provider of

supports
A person or entity ceases to be a registered provider of supports on
the earlier of the following days:
(a) if the instrument approving the person or entity as a
registered provider of supports is revoked under section 72—
the day on which the revocation takes effect;
(b) if the instrument specifies that it ceases to be in effect on a
specified day—that day.
72 Revocation of approval as a registered provider of supports

(1) The CEO may revoke an instrument approving a person or entity
as a registered provider of supports if the CEO is satisfied that:
(a) the person or entity no longer meets the criteria prescribed by
the National Disability Insurance Scheme rules for the
purposes of paragraph 70(1)(d); or
(b) the application by the person or entity for approval contained
information that was false or misleading in a material
particular; or
(c) a circumstance exists that:
(i) is a circumstance prescribed by National Disability
Insurance Scheme rules for the purposes of this
paragraph; and
(ii) presents an unreasonable risk to one or more
participants.
(1A) Without limiting the circumstances that may be prescribed by
National Disability Insurance Scheme rules made for the purposes
of paragraph (1)(c), such circumstances may relate to:

Part 3 Registered providers of supports
Section 73
(a) a contravention by a person or entity that is a registered

provider of supports, or an employee or contractor of such a
person or entity, of a law or other requirement; or
(b) a complaint made, or action taken, in relation to such a
person or entity, or an employee or contractor of such a
person or entity; or
(c) such a person or entity being an insolvent under
administration.
(2) Before deciding to revoke the instrument, the CEO must notify the
person or entity that revocation is being considered. The notice
must be in writing and must:
(a) include the CEO’s reasons for considering the revocation;
and
(b) invite the person or entity to make submissions, in writing, to
the CEO within 28 days after receiving the notice; and
(c) inform the person or entity that if no submissions are made
within that period, any revocation may take effect as early as
7 days after the end of the period referred to in paragraph (b).
(3) In deciding whether to revoke the instrument, the CEO must
consider any submissions given to the CEO within the period
referred to in paragraph (2)(b).
(4) The CEO must notify the person or entity, in writing, of the
decision.
(5) The notice under subsection (4) must be given within 28 days after
the end of the period for making submissions. If the notice is not
given within this period, the CEO is taken to have decided not to
revoke the instrument.
73 National Disability Insurance Scheme rules for registered

providers of supports
provision in connection with the approval of persons or entities as
registered providers of supports, including by prescribing criteria
relating to:
(a) compliance with prescribed safeguards; and

Registered providers of supports Part 3
Section 73
(b) compliance with prescribed quality assurance standards and

procedures; and
(c) qualifications of persons or entities or employees of persons
or entities; and
(d) processes to deal with conflicts of interest, or perceived
conflicts of interest.
provision in connection with registered providers of supports,
including by prescribing:
(a) the consequences of registered providers of supports failing
to comply with this Act, the regulations or the National
Disability Insurance Scheme rules; and
(b) requirements with which registered providers of supports
must comply, including in relation to the following:
(i) governance;
(ii) business practice;
(iii) accounting practice; and
(c) the obligations of registered providers of supports in relation
to the monitoring of compliance; and
(d) the process for handling complaints involving registered
providers of supports; and
(da) obligations relating to dealing with conflicts of interest, or
perceived conflicts of interest; and
(e) auditing requirements in relation to registered providers of
supports.

Part 4 Children
Section 74
Part 4—Children
74 Children
(1) If this Act requires or permits a thing to be done by or in relation to
a child, the thing is to be done by or in relation to:
(a) the person who has, or the persons who jointly have, parental
responsibility for the child; or
(b) if the CEO is satisfied that this is not appropriate—a person
determined in writing by the CEO.
(1A) If a State or Territory Minister has parental responsibility for the
child, the CEO must not make a determination under
paragraph (1)(b) in relation to the child unless the State or
Territory Minister has agreed in writing to the making of the
determination.
(2) If a person mentioned in subsection (1) makes a plan management
request for a participant who is a child, the person may request:
(a) that the person manage the plan wholly or to the extent
specified in the request; or
(b) that the plan be managed wholly, or to the extent specified in
the request, by a registered plan management provider
nominated by the person to manage the plan; or
(c) that the plan be managed wholly, or to the extent specified in
the request, by the Agency or a person specified by the
Agency.
(3) The statement of participant supports in the plan must give effect
to the plan management request, except as mentioned in
subsections (4) and (5).
not provide that the person referred to in paragraph (2)(a) is to
manage the funding for supports under the participant’s plan:
(a) to any extent, if the person is an insolvent under
administration; or
(b) to a particular extent, if the CEO is satisfied that management
of the plan to that extent would:

Children Part 4
Section 75
(i) present an unreasonable risk to the participant; or

(ii) 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.
(5) Subsections (1) and (2) of this section do not have effect in relation
to a participant who is a child if:
(a) the CEO is satisfied that the child is capable of making
decisions for himself or herself; and
(b) the CEO is satisfied that it is appropriate in the circumstances
for those subsections not to apply to the child; and
(c) the CEO makes a determination that those subsections do not
apply to the child.
criteria to which the CEO is to have regard in deciding the
following:
(a) whether to make a determination under paragraph (1)(b);
(b) whether a person managing the funding for supports under a
participant’s plan would present an unreasonable risk to the
participant as mentioned in paragraph (4)(b);
(c) whether a child is capable of making decisions for himself or
herself as mentioned in paragraph (5)(a);
(d) whether it is appropriate for subsections (1) and (2) not to
apply to a child as mentioned in paragraph (5)(b).
(7) A determination made under paragraph (5)(c) is not a legislative
instrument.
75 Definition of parental responsibility

(1) For the purposes of this Act, a person has parental responsibility
for a child if:
(a) the person is the child’s parent and has not ceased to have
parental responsibility for the child because of an order made
under the Family Law Act 1975 or a law of a State or
Territory; or
(b) under a parenting order (within the meaning of the Family
Law Act 1975):

Part 4 Children
Section 76
(i) the child is to live with the person; or

(ii) the child is to spend time with the person; or
(iii) the person is responsible for the child’s long-term or
day-to-day care, welfare and development.
(2) Despite subsection (1), if, under a law of the Commonwealth, a
State or a Territory, a person has guardianship of a child, that
person has parental responsibility for the child, unless the CEO
determines that one or more of the persons referred to in
subsection (1) instead have parental responsibility for the child.
(3) If subsection (1) would result in more than one person having
parental responsibility for a child, the CEO may determine that one
or more of those persons have parental responsibility for the child
for the purposes of this Act.
(3A) If a State or Territory Minister has guardianship of the child, the
CEO must not make a determination under subsection (2) or (3) in
relation to the child unless the State or Territory Minister has
agreed in writing to the making of the determination.
criteria to which the CEO is to have regard in deciding whether to
make a determination under subsection (2) or (3).
(5) A determination under subsection (2) or (3) must be in writing.
(6) A determination under subsection (2) or (3) is not a legislative
instrument.
76 Duty to children
(1) It is the duty of a person who may do a thing because of section 74
to ascertain the wishes of the child concerned and to act in the best
interests of the child.
(2) A person does not breach the duty imposed by subsection (1) by
doing a thing if, when the thing is done, the person reasonably
believes that:
(a) he or she has ascertained the wishes of the child in relation to
the thing; and

Children Part 4
Section 77
(b) the doing of the thing is in the best interests of the child.
(3) A person does not breach the duty imposed by subsection (1) by
refraining from doing a thing if, at the relevant time, the person
reasonably believes that:
(a) he or she has ascertained the wishes of the child in relation to
the thing; and
(b) not doing the thing is in the best interests of the child.
other duties of a person who may do a thing in relation to a child
because of section 74, including duties requiring the person:
(a) to support decision-making by the child personally; or
(b) to have regard to, and give appropriate weight to, the views
of the child.
77 Revocation of determinations under section 74

(1) The CEO may, by written instrument, revoke a determination that
is in effect under paragraph 74(1)(b) in relation to a person if:
(a) the person requests the CEO in writing to do so; or
(b) the CEO is satisfied that it is no longer appropriate for the
determination to remain in effect.
(2) The CEO must give the person a copy of the instrument.

Part 5 Nominees
Division 1 Functions and responsibilities of nominees
Section 78
Part 5—Nominees
Division 1—Functions and responsibilities of nominees
78 Actions of plan nominee on behalf of participant

(1) Any act that may be done by a participant under, or for the
purposes of, this Act that relates to:
(a) the preparation, review or replacement of the participant’s
plan; or
(b) the management of the funding for supports under the
participant’s plan;
may be done by the participant’s plan nominee, other than to the
extent specified in the instrument of appointment of the plan
nominee.
Note 1: For the appointment of plan nominees, see section 86.
Note 2: This subsection is subject to section 85 (which deals with the right of
the nominee to attend with a participant) and subsection (4) of this
section.
(2) Without limiting subsection (1), a request that may be made under
this Act by a participant may be made by the participant’s plan
nominee on behalf of the participant.
(3) An act done by a participant’s plan nominee because of this section
has effect, for the purposes of this Act (other than this Part), as if it
had been done by the participant.
(4) If, under this Act, the CEO gives a notice to a participant who has a
plan nominee, subsection (1) does not extend to an act that is
required by the notice to be done by the participant personally.
(5) If the participant’s plan nominee was appointed on the initiative of
the CEO, the plan nominee may only do an act in relation to:
plan; or

Nominees Part 5
Functions and responsibilities of nominees Division 1
Section 79
if the nominee considers that the participant is not capable of doing

the act.
79 Actions of correspondence nominee on behalf of participant

(1) Any act that may be done by a participant under, or for the
purposes of, this Act may be done by the participant’s
correspondence nominee, other than an act that relates to:
plan; or
participant’s plan.
Note 1: For the appointment of correspondence nominees, see section 87.
Note 2: This subsection is subject to section 85 (which deals with the right of
the nominee to attend with a participant) and subsection (4) of this
section.
(2) Without limiting subsection (1), a request that may be made under
this Act by a participant may be made by the participant’s
correspondence nominee on behalf of the participant.
(3) An act done by a participant’s correspondence nominee because of
this section has effect, for the purposes of this Act (other than this
Part), as if it had been done by the participant.
(4) If, under this Act, the CEO gives a notice to a participant who has a
correspondence nominee, subsection (1) does not extend to an act
that is required by the notice to be done by the participant
personally.
80 Duty of nominee to participant

(1) It is the duty of a nominee of a participant to ascertain the wishes
of the participant and to act in a manner that promotes the personal
and social wellbeing of the participant.
(2) A nominee does not breach the duty imposed by subsection (1) by
doing an act if, when the act is done, the nominee reasonably
believes that:
(a) he or she has ascertained the wishes of the participant in
relation to the act; and

Part 5 Nominees
Section 81
(b) the doing of the act promotes the personal and social
wellbeing of the participant.
(3) A nominee does not breach the duty imposed by subsection (1) by
refraining from doing an act if, at the relevant time, the nominee
reasonably believes that:
(a) he or she has ascertained the wishes of the participant in
relation to the act; and
(b) not doing the act promotes the personal and social wellbeing
of the participant.
other duties of a nominee, including duties requiring the nominee:
(a) to support decision-making by the participant personally; or
(b) to have regard to, and give appropriate weight to, the views
of the participant.
81 Giving of notices to correspondence nominee

(1) Any notice that the CEO is authorised or required by this Act to
give to a participant must be given by the CEO to the participant’s
correspondence nominee.
(2) The notice:
(a) must, in every respect, be in the same form, and in the same
terms, as if it were being given to the participant; and
(b) may be given to the correspondence nominee personally, by
post or by any other means approved by the CEO.
(3) If:
(a) under subsection (1), the CEO gives a notice (the nominee
notice) to a participant’s correspondence nominee; and
(b) the CEO has already given, or afterwards gives, the
participant a notice that:
(i) is expressed to be given under the same provision of this
Act as the nominee notice; and
(ii) makes the same requirement of the participant as the
nominee notice;

Nominees Part 5
Section 82
section 82 ceases to have effect, or does not come into effect, as

the case requires, in relation to the nominee notice.
82 Compliance by correspondence nominee

(1) If, under section 81, a notice is given to a participant’s
correspondence nominee, the following paragraphs have effect:
(a) for the purposes of this Act, other than this Part, the notice is
taken:
(i) to have been given to the participant; and
(ii) to have been so given on the day the notice was given to
the correspondence nominee;
(b) any requirement made of the participant to:
(i) inform the CEO of a matter; or
(ii) give information, or produce a document, to an officer;
may be satisfied by the correspondence nominee;
(c) any act done by the correspondence nominee for the purposes
of satisfying such a requirement has effect, for the purposes
of this Act, as if it had been done by the participant;
(d) if the correspondence nominee fails to satisfy such a
requirement, the participant is taken, for the purposes of this
Act, to have failed to comply with the requirement.
(2) To avoid doubt, for the purposes of this Act, the participant is
taken to have complied with a requirement if:
(a) the requirement imposes an obligation on the participant to
inform the CEO of a matter, or give information or produce a
document, within a specified period; and
(b) the correspondence nominee does so within that period.
(3) To avoid doubt, for the purposes of this Act, the participant is
taken not to have complied with a requirement if:
(a) the requirement imposes an obligation on the participant to
inform the CEO of a matter, or give information or produce a
document, within a specified period; and
(b) the correspondence nominee does not do so within that
period.

Part 5 Nominees
Section 83
83 Nominee to inform Agency of matters affecting ability to act as

nominee
(1) The CEO may give a nominee of a participant a written notice that
requires the nominee to inform the Agency if:
(a) either:
(i) an event or change of circumstances happens; or
(ii) the nominee becomes aware that an event or change of
circumstances is likely to happen; and
(b) the event or change of circumstances is likely to affect:
(i) the ability of the nominee to act as the plan nominee or
correspondence nominee of the participant (as the case
may be); or
(ii) the ability of the CEO to give notices to the nominee
under this Act; or
(iii) the ability of the nominee to comply with notices given
to the nominee by the CEO under this Act.
(2) A notice under subsection (1) must specify:
(a) how the nominee is to inform the Agency; and
(b) the period within which the nominee is to inform the Agency,
which must be a period of at least 14 days beginning on
whichever of the following days is applicable:
(i) the day on which the event or change of circumstances
happens;
(ii) the day on which the nominee becomes aware that the
event or change of circumstances is likely to happen.
(3) A notice under subsection (1) is not ineffective only because it
does not comply with paragraph (2)(a).
(4) This section extends to:
(a) acts, omissions, matters and things outside Australia, whether
or not in a foreign country; and
(b) all persons, irrespective of their nationality or citizenship.

Nominees Part 5
Section 84
84 Statement by plan nominee regarding disposal of money

(1) The CEO may give the plan nominee of a participant a notice that
requires the nominee to give the Agency a statement about a matter
relating to the disposal by the nominee of an NDIS amount paid to
the nominee on behalf of the participant.
(2) A notice under subsection (1):
(a) must specify how the plan nominee is to give the statement to
the Agency; and
(b) must specify the period within which the plan nominee is to
give the statement to the Agency.
(3) A notice under subsection (1) is not ineffective only because it
does not comply with paragraph (2)(a).
(4) The period specified under paragraph (2)(b) must not end earlier
than 14 days after the day the notice is given.
(5) A statement given in response to a notice under subsection (1)
must be in accordance with a form approved by the CEO.
(a) the person is a plan nominee; and
(b) the person refuses or fails to comply with a notice under
subsection (1).
excuse.
subsection (see subsection 13.3(3) of the Criminal Code).
(7A) It is a reasonable excuse for an individual to refuse or fail to

comply with a notice under subsection (1) on the ground that to do
so might tend to incriminate the individual or expose the individual
to a penalty.
(8) An offence against subsection (6) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

Part 5 Nominees
Section 85
(9) This section extends to:

(a) acts, omissions, matters and things outside Australia, whether
or not in a foreign country; and
(b) all persons, irrespective of their nationality or citizenship.
85 Right of nominee to attend with participant

(1) If:
(a) under this Act, the CEO makes a request of a participant who
has a nominee; and
(b) the request is that the participant undergo an assessment or
examination;
the nominee may accompany the participant while the assessment
or examination is being conducted:
(c) if the participant so wishes; and
(d) to the extent that the person conducting the assessment or
examination consents.
(2) If a participant’s nominee is a body corporate, the last reference in
subsection (1) to the nominee is to be read as a reference to an
officer or employee of the nominee.

Nominees Part 5
Appointment and cancellation or suspension of appointment Division 2
Section 86
Division 2—Appointment and cancellation or suspension of

appointment
86 Appointment of plan nominee

(1) The CEO may, in writing, appoint a person to be the plan nominee
of a participant for the purposes of this Act.
Note: The CEO must make the appointment in accordance with section 88.
(2) An appointment may be made:

(a) at the request of the participant; or
(b) on the initiative of the CEO.
(3) An appointment may limit the matters in relation to which the
person is the plan nominee of the participant.
(4) An appointment may provide that it has effect for a specified term.
(5) Without limiting the manner of specifying a term for the purposes
of subsection (4), it may be specified by reference to the expiry of
a specified period or the occurrence of a specified event.
87 Appointment of correspondence nominee

(1) The CEO may, in writing, appoint a person to be the
correspondence nominee of a participant for the purposes of this
Act.
Note: The CEO must make the appointment in accordance with section 88.
(2) An appointment may be made:

(a) at the request of the participant; or
(b) on the initiative of the CEO.
(3) An appointment may provide that it has effect for a specified term.
(4) Without limiting the manner of specifying a term for the purposes
of subsection (3), it may be specified by reference to the expiry of
a specified period or the occurrence of a specified event.

Part 5 Nominees
Division 2 Appointment and cancellation or suspension of appointment
Section 88
88 Provisions relating to appointments

(1) A person may be appointed as the plan nominee and the
correspondence nominee of the same participant.
(2) The CEO must not appoint a person as a nominee of a participant
under section 86 or 87 except:
(a) with the written consent of the person to be appointed; and
(b) after taking into consideration the wishes (if any) of the
participant regarding the making of the appointment.
(3) In appointing a person as a nominee of a participant under
section 86 or 87, the CEO must consider whether the person is able
to comply with section 80.
(4) In appointing a nominee of a participant under section 86 or 87, the
CEO must have regard to whether there is a person who, under a
law of the Commonwealth, a State or a Territory:
(a) has guardianship of the participant; or
(b) is a person appointed by a court, tribunal, board or panel
(however described) who has power to make decisions for
the participant and whose responsibilities in relation to the
participant are relevant to the duties of a nominee.
(5) The CEO must cause a copy of an appointment under section 86 or
87 to be given to:
(a) the nominee; and
(b) the participant.
(6) The National Disability Insurance Scheme rules may prescribe:
(a) persons who must not be appointed as nominees; and
(b) criteria to which the CEO is to have regard in considering the
appointment of a nominee.
89 Circumstances in which the CEO must cancel appointment of

nominees
At the request of a participant

(1) If:

Nominees Part 5
Section 90
(a) a person is appointed as a nominee of a participant under

section 86 or 87 at the request of the participant; and
(b) the participant requests the CEO to cancel the appointment;
the CEO must, as soon as practicable, cancel the appointment by
written instrument.
(2) A request under paragraph (1)(b) need not be made in writing. If
the request is not made in writing, the CEO must make a written
record of the request.
Nominee no longer wishes to be a nominee

(3) If:
section 86 or 87; and
(b) the person informs the CEO in writing that the person no
longer wishes to be a nominee under that appointment;
the CEO must, as soon as practicable, cancel the appointment by
written instrument.
Copy of instrument of cancellation to be given

(4) If the appointment of a person as a nominee of a participant is
cancelled under this section, the CEO must give the person and
participant a copy of the instrument of cancellation.
90 General circumstances in which CEO may cancel or suspend

appointment of nominees
At the request of a participant

(1) If:
section 86 or 87 on the initiative of the CEO; and
(b) the participant requests the CEO to cancel the appointment;
the CEO may, by written instrument, cancel the appointment.
(2) A request under paragraph (1)(b) need not be made in writing. If
the request is not made in writing, the CEO must make a written
record of the request.

Part 5 Nominees
Section 91
(3) If a request is made under paragraph (1)(b):

(a) the CEO must decide whether to cancel the appointment
within 14 days after receiving the request; and
(b) if the CEO decides not to cancel the appointment—the CEO
must give the person and participant written notice of the
CEO’s decision.
Ability to act as a nominee affected

(4) The CEO may, by written instrument, suspend or cancel one or
more of a nominee’s appointments if:
(a) the CEO gives the nominee a notice under section 83; and
(b) the nominee informs the Agency that an event or change of
circumstances has happened or is likely to happen and is
likely to have an effect referred to in paragraph 83(1)(b).
Failure to comply with a notice under section 83 or 84

(5) The CEO may, by written instrument, suspend or cancel one or
more of a nominee’s appointments if:
(a) the CEO gives the nominee a notice under section 83 or 84;
and
(b) the nominee does not comply with a requirement specified in
the notice.
Copy of instrument of cancellation or suspension to be given

(6) If the appointment of a person as a nominee of a participant is
cancelled or suspended under this section, the CEO must give the
person and participant a copy of the instrument of cancellation or
suspension.
91 Suspension etc. of appointment of nominees in cases of physical,

mental or financial harm
Suspension of appointment
(1) The CEO may, by written instrument, suspend the appointment of
a person as a nominee of a participant if the CEO has reasonable

Nominees Part 5
Section 91
grounds to believe that the person has caused, or is likely to cause,

physical, mental or financial harm to the participant.
(2) If the person’s appointment is suspended under subsection (1), the
CEO must:
(a) give the person and participant a copy of the instrument of
suspension; and
(b) by written notice given to the person, request the person to
give the CEO, within 28 days after the notice is given, a
statement setting out reasons why the person’s appointment
should not be cancelled by the CEO under this section.
Cancellation of appointment following suspension

(3) If the person gives the CEO the statement within the 28-day period,
the CEO may, by written instrument, cancel the person’s
appointment.
(4) The CEO must decide whether to cancel the person’s appointment
under subsection (3) as soon as practicable after receiving the
statement.
(5) If the CEO decides not to cancel the person’s appointment under
subsection (3):
(a) the suspension of the person’s appointment ends; and
(b) the CEO must give the person and participant written notice
of the CEO’s decision.
(6) If the person does not give the CEO the statement within the
28-day period, the CEO must, by written instrument, cancel the
person’s appointment as soon as practicable after that period ends.
Copy of instrument of cancellation to be given

(7) If the person’s appointment is cancelled under this section, the
CEO must give the person and participant a copy of the instrument
of cancellation.

Part 5 Nominees
Section 92
92 Other matters relating to cancellation or suspension of

appointment
Cancellation of appointment
(1) If:
(a) the National Disability Insurance Scheme rules made for the
purposes of subsection 46(2) apply in relation to a person
who is a nominee; and
(b) the appointment of the person as a nominee is cancelled
under section 89, 90 or 91;
those rules continue to apply in relation to the person as if the
appointment had not been cancelled.
Suspension of appointment
(2) While a person’s appointment as a nominee is suspended, the
appointment has no effect for the purposes of this Act.
(3) If a person’s appointment as a nominee of a participant is
suspended under section 90 or 91, the CEO may appoint another
person under section 86 or 87 to be the nominee of the participant
for a period specified in the instrument of appointment.
93 National Disability Insurance Scheme rules may prescribe

requirements etc.
The National Disability Insurance Scheme rules may prescribe:
(a) requirements with which the CEO must comply relating to
the appointment of nominees or the cancellation or
suspension of the appointment of nominees; and
(b) matters to which the CEO is to have regard in appointing
nominees or cancelling or suspending the appointment of
nominees.
94 CEO’s powers of revocation

Nothing in this Part is an expression of a contrary intention for the
purposes of subsection 33(3) of the Acts Interpretation Act 1901.

Nominees Part 5
Other matters relating to nominees Division 3
Section 95
Division 3—Other matters relating to nominees
95 CEO’s powers to give notices to participant

Nothing in this Part is intended in any way to affect the CEO’s
powers under other provisions of this Act to give notices to, or
make requirements of, a participant who has a nominee.
96 Notification of nominee where notice is given to participant

(1) If, under this Act (other than this Part), the CEO gives a notice to a
participant who has a correspondence nominee, the CEO may
inform the correspondence nominee of the giving of the notice and
of the terms of the notice.
(2) If, under this Act (other than this Part):
(a) the CEO gives a notice to a participant who has a plan
nominee; and
(b) the notice relates to the preparation, management or review
of the participant’s plan;
the CEO must inform the plan nominee of the giving of the notice
and of the terms of the notice.
97 Protection of participant against liability for actions of nominee

Nothing in this Part renders a participant guilty of an offence
against this Act in relation to any act or omission of the
participant’s nominee.
98 Protection of nominee against criminal liability

(1) A nominee of a participant is not subject to any criminal liability
under this Act in relation to:
(a) any act or omission of the participant; or
(b) anything done, in good faith, by the nominee in his or her
capacity as nominee.
(2) This section has effect subject to section 84 (which deals with a
statement by a plan nominee regarding the disposal of money).

Part 6 Review of decisions
Section 99
Part 6—Review of decisions
99 Reviewable decisions
Each of the following decisions of the CEO is a reviewable
decision:
(a) a decision under paragraph 20(a), subsection 21(3) or
paragraph 26(2)(c) that a person does not meet the access
criteria;
(b) a decision under paragraph 26(2)(b) not to specify a period;
(c) a decision under section 30 to revoke a person’s status as a
participant;
(d) a decision under subsection 33(2) to approve the statement of
participant supports in a participant’s plan;
(e) a decision under paragraph 40(2)(b) not to extend a grace
period;
(f) a decision under subsection 48(2) not to review a
(g) a decision under section 70 to refuse to approve a person or
entity as a registered provider of supports;
(h) a decision under section 72 to revoke an instrument
approving a person or entity as a registered provider of
supports;
(i) a decision under paragraph 74(1)(b) to make, or not to make,
a determination in relation to a person;
(j) a decision under paragraph 74(4)(c) not to make a
determination that subsections 74(1) and (2) do not apply to a
child;
(k) a decision under subsection 75(2) or (3) to make, or not to
make, a determination that a person has parental
responsibility for a child;
(l) a decision under section 86 to appoint a plan nominee;
(m) a decision under section 87 to appoint a correspondence
nominee;
(n) a decision under section 89, 90 or 91 to cancel or suspend, or
not to cancel or suspend, the appointment of a nominee;

Review of decisions Part 6
Section 100
(o) a decision under section 104 to give a notice to require a

person to take reasonable action to claim or obtain
compensation;
(p) a decision under section 111 to give a notice that the CEO
proposes to recover an amount;
(q) a decision under section 116 not to treat the whole or part of
a compensation payment as not having been fixed by a
judgement or settlement.
100 Review of reviewable decisions

(1) The CEO must give written notice of a reviewable decision to each
person directly affected by the reviewable decision. The notice
must include a statement:
(a) that:
(i) the person may request the CEO to review the
reviewable decision; or
(ii) if the CEO is taken to have made the reviewable
decision because of subsection 21(3) or 48(2)—the
decision will be reviewed automatically; and
(b) that the person may seek further review under section 103.
(2) A person who is directly affected by a reviewable decision may
request the CEO to review the reviewable decision. If the person is
given a notice under subsection (1) the person must make the
request within 3 months after receiving the notice.
(3) A request may be made by:
(a) sending or delivering a written request to the CEO; or
(b) making an oral request, in person or by telephone or other
means, to the CEO.
(4) If a person makes an oral request in accordance with
paragraph (3)(b), the person receiving the oral request must:
(a) make a written record of the details of the request; and
(b) note on the record the day the request is made.
(5) If:

Part 6 Review of decisions
Section 101
(a) the CEO receives a request for review of a reviewable

decision; or
(b) the CEO is taken to have made a reviewable decision because
of subsection 21(3) or 48(2);
the CEO must cause the reviewable decision to be reviewed by a
person (the reviewer):
(c) to whom the CEO’s powers and functions under this section
are delegated; and
(d) who was not involved in making the reviewable decision.
(6) The reviewer must, as soon as reasonably practicable, make a
decision:
(a) confirming the reviewable decision; or
(b) varying the reviewable decision; or
(c) setting aside the reviewable decision and substituting a new
decision.
(7) A request for review of a reviewable decision, or a requirement to
review a reviewable decision that the CEO is taken to have made,
does not affect the operation of the decision or prevent the taking
of action to implement the decision.
(8) A failure of the CEO to comply with subsection (1) does not affect
the validity of the reviewable decision or the right of a person
directly affected to request review of the decision.
(9) To the extent that this provision relates to a decision referred to in
paragraph 99(g) or (h), a reference in this section to a person
includes a reference to an entity.
101 Variation of reviewable decision before review completed

If:
(a) a request is made for review of a reviewable decision; and
(b) before a decision on the review is made, the reviewable
decision is varied;
the request for review is taken to be for review of the reviewable
decision as varied.

Review of decisions Part 6
Section 102
102 Withdrawal of request for review

(1) A request for review of a reviewable decision may be withdrawn
by:
(a) sending or delivering a written notice to the CEO; or
(b) contacting the CEO and withdrawing the request orally,
whether in person, by telephone or by other means.
(2) If a request is withdrawn in accordance with paragraph (1)(b), the
person receiving the oral withdrawal must make a written record of
the details of the withdrawal and note on the record the day the
withdrawal is made.
103 Applications to the Administrative Appeals Tribunal

Applications may be made to the Administrative Appeals Tribunal
for review of a decision made by a reviewer under subsection
100(6).
Note: Under the Administrative Appeals Tribunal Act 1975, notice must be
given to persons whose interests are affected by a decision of the
reviewer.

Chapter 5 Compensation payments
Part 1 Requirement to take action to obtain compensation
Section 104
Chapter 5—Compensation payments

Part 1—Requirement to take action to obtain
compensation
104 CEO may require person to take action to obtain compensation

(1) This section applies if:
(a) a participant or a prospective participant is, or in the CEO’s
opinion may be, entitled to compensation in respect of a
personal injury; and
(b) the participant or prospective participant:
(i) has taken no action to claim or obtain the compensation;
or
(ii) has taken no reasonable action to claim or obtain the
compensation.
(2) The CEO may, by written notice, require the participant or
prospective participant to take the action specified in the notice
within the period specified in the notice. The action must be action
that is reasonable to enable the person to claim or obtain the
compensation.
(3) In considering whether it is reasonable to require a participant or
prospective participant to take an action, the CEO must have
regard to the following:
(a) the disability of the participant or prospective participant;
(b) the circumstances which give rise to the entitlement or
possible entitlement to compensation;
(c) any impediments the participant or prospective participant
may face in recovering compensation;
(d) any reasons given by the participant or prospective
participant as to why he or she has not claimed or obtained
compensation;
(e) the financial circumstances of the participant or prospective
participant;

Compensation payments Chapter 5
Requirement to take action to obtain compensation Part 1
Section 105
(f) the impact of the requirement to take the action on the

participant or prospective participant and his or her family.
(4) The CEO must not give a notice under subsection (2) requiring a
participant or prospective participant to take action to claim or
obtain compensation unless the CEO is satisfied that the participant
or prospective participant has reasonable prospects of success in
claiming or obtaining the compensation.
(5) The period specified by the CEO must be a period of at least 28
days after the day on which the notice is given.
(6) Even though a participant or a prospective participant has entered
into an agreement to give up his or her right to compensation, the
CEO may form the opinion that the participant or prospective
participant may be entitled to compensation if the CEO is satisfied
that the agreement is void, ineffective or unenforceable.
105 Consequences of failure to comply with a requirement to take

action to obtain compensation
(1) A participant or prospective participant who is given a notice under
subsection 104(2) requiring him or her to take action (the required
action) to claim or obtain compensation within a specified period
must take the required action within the period.
(2) If a participant does not take the required action within the period,
and the action is to enable the participant or prospective participant
to claim or obtain compensation under a scheme of compensation
under a Commonwealth, State or Territory law:
(a) if a plan is in effect for the participant—the plan is suspended
from the end of the specified period until the participant takes
the required action; or
(b) if a plan is not yet in effect for the participant—the CEO
must still comply with section 32 in relation to commencing
the facilitation of the preparation of the participant’s plan, but
the plan does not come into effect until the participant takes
the required action.
(3) If a prospective participant does not take the required action within
the period, the CEO is not prevented from deciding whether or not

Part 1 Requirement to take action to obtain compensation
Section 105A
the prospective participant meets the access criteria and

commencing the facilitation of the preparation of the participant’s
plan, but the plan does not, despite section 37, come into effect
until the participant takes the required action.
(4) If a participant or prospective participant does not take the required
action within the period, and the action is to enable the person to
claim or obtain compensation otherwise than under a scheme of
compensation under a Commonwealth, State or Territory law, the
CEO may:
(a) take action to claim or obtain compensation in the name of
the participant or prospective participant; or
(b) take over the conduct of any existing claim.
105A Matters relating to claims etc. by CEO

(1) If the CEO takes action to claim or obtain compensation, or takes
over the conduct of an existing claim, the Agency becomes liable
to pay all costs of and incidental to that claim that would otherwise
be payable by the person who originally made the claim, or the
person in whose name the claim was made, other than costs
unreasonably incurred by that person.
(2) The CEO may:
(a) take whatever steps are appropriate to bring the claim to a
conclusion; and
(b) if the claim is before a court—settle the proceedings either
with or without obtaining judgement; and
(c) if the claim is before a court and judgement has been
obtained in favour of the plaintiff—take such steps as are
necessary to enforce the judgement.
(3) The participant or prospective participant must sign any document
relevant to a claim made or taken over by the CEO under
section 105 (including the settlement of the claim or of any
proceedings arising out of the claim), being a document that CEO
requires the participant or prospective participant to sign.
(4) If the participant or prospective participant does not sign a
document in accordance with a requirement under subsection (3):

Requirement to take action to obtain compensation Part 1
Section 105B
(a) if the claim is not before a court or tribunal at the time of the
failure—the Federal Court of Australia may, on the
application of the CEO, direct that the document be signed on
behalf of the participant or prospective participant by a
person appointed by CEO; and
(b) otherwise—the court or tribunal in which proceedings
relating to the claim are being heard may, on the application
of CEO, so direct.
(5) If the CEO proposes to make an application under subsection (4):
(a) the CEO must notify the participant or prospective
participant of that fact; and
(b) the participant or prospective participant has a right of
representation in the hearing of that application.
105B Recovery of amounts relating to claims etc. by CEO

Any amount obtained as a result of a claim made or taken over by
the CEO under section 105 (including amounts payable as a result
of the settlement of such a claim) must be paid to the Agency. The
Agency must deduct from the amount of those damages:
(a) an amount equal to the total of all NDIS amounts paid to, or
for the benefit of, the participant before the amount is paid to
the Agency; and
(b) the amount of any costs incidental to the claim paid by the
Agency.
The Agency must pay the balance to the participant or prospective
participant.

Part 2 Agency may recover compensation fixed after NDIS amounts have been paid
Section 106
Part 2—Agency may recover compensation fixed

after NDIS amounts have been paid
106 Recovering past NDIS amounts from certain judgements

(a) an amount of compensation is fixed under a judgement (other
than a consent judgement) given in respect of a personal
injury that has caused, to any extent, a participant’s
impairment (whether or not the participant was a participant
at the time of the injury); and
(b) before the day of the judgement, NDIS amounts (the past
NDIS amounts) had been paid in respect of supports in
relation to the participant’s impairment; and
(c) the judgement specifies a portion (the past NDIS support
component) of the amount of compensation to be a
component for supports of a kind funded or provided under
the National Disability Insurance Scheme.
(2) An amount (the recoverable amount) is payable by the participant
to the Agency. The recoverable amount is an amount equal to:
(a) unless subsection (4) or (5) applies—the sum of the past
NDIS amounts, reduced as mentioned in subsection (3) (if
applicable); or
(b) if subsection (4) or (5) applies—the amount worked out in
accordance with whichever of those subsections is
applicable.
(3) If:
(a) the judgement fixes the amount of compensation on the basis
that liability for the injury should be apportioned between the
participant and another person; and
(b) as a result, the amount of compensation is less than it would
have been if liability had not been so apportioned;
the sum of the past NDIS amounts is to be reduced by the
proportion corresponding to the proportion of liability that is
apportioned to the participant by the judgement.

Agency may recover compensation fixed after NDIS amounts have been paid Part 2
Section 107
(4) If the recoverable amount would, apart from this subsection,

exceed the past NDIS support component, the recoverable amount
is taken to be the lesser of the sum of the past NDIS amounts and
the past NDIS support component.
exceed the difference (if any) between:
(a) the amount of compensation fixed by the judgement; and
(b) the sum of the amounts (if any) payable in respect of the
amount of compensation under the following:
(i) the Health and Other Services (Compensation) Act
1995;
(ii) the Health and Other Services (Compensation) Care
Charges Act 1995;
(iii) Part 3.14 of the Social Security Act 1991;
(iv) a law of the Commonwealth, a State or a Territory,
rules;
the recoverable amount is taken to be the amount of the difference.
107 Recovering past NDIS amounts from consent judgements and

settlements
(a) an amount of compensation is fixed under a consent
judgement or settlement in respect of a personal injury that
has caused, to any extent, a participant’s impairment
(whether or not the participant was a participant at the time of
the injury); and
(b) before the day of the consent judgement or settlement, NDIS
amounts (the past NDIS amounts) had been paid in respect
of supports in relation to the participant’s impairment.
(2) An amount (the recoverable amount) is payable by the participant
to the Agency. The recoverable amount is an amount equal to:
(a) unless subsection (4) applies—the sum of the past NDIS
amounts, reduced as mentioned in subsection (3) (if
applicable); or

Part 2 Agency may recover compensation fixed after NDIS amounts have been paid
Section 108
(b) if subsection (4) applies—the amount worked out in

accordance with that subsection.
(3) If:
(a) the consent judgement or settlement fixes the amount of
compensation on the basis that liability for the injury should
be apportioned between the participant and another person;
and
(b) as a result, the amount of compensation is less than it would
have been if liability had not been so apportioned;
the sum of the past NDIS amounts is to be reduced by the
proportion corresponding to the proportion of liability that is
apportioned to the participant by the consent judgement or
settlement.
exceed the difference (if any) between:
(a) the amount of compensation fixed under the consent
judgement or settlement; and
(b) the sum of the amounts (if any) payable in respect of the
amount of compensation under the following:
(i) the Health and Other Services (Compensation) Act
1995;
(ii) the Health and Other Services (Compensation) Care
Charges Act 1995;
(iii) Part 3.14 of the Social Security Act 1991;
(iv) a law of the Commonwealth, a State or a Territory,
rules;
the recoverable amount is taken to be the amount of the difference.
108 Debts resulting from section 106 or 107

An amount payable by a person under section 106 or 107 is a debt
due by the person to the Agency.

Recovery from compensation payers and insurers Part 3
Section 109
Part 3—Recovery from compensation payers and

insurers
109 CEO may send preliminary notice to potential compensation

payer or insurer
(1) If:
(a) a participant or prospective participant makes a claim against
another person (the potential compensation payer) for
compensation; and
(b) the claim relates to the participant’s or prospective
participant’s impairment;
the CEO may give written notice to the potential compensation
payer, stating that the CEO may wish to recover an amount from
the potential compensation payer.
(2) If:
(a) a participant or prospective participant makes a claim against
another person (the potential compensation payer) for
compensation; and
(b) the claim relates to the participant’s or prospective
participant’s impairment; and
(c) an insurer may be liable, under a contract of insurance, to
indemnify the potential compensation payer against any
liability arising from the claim for compensation;
the CEO may give written notice to the insurer, stating that the
CEO may wish to recover an amount from the insurer.
(3) A notice under subsection (1) or (2) must contain:
(a) a statement of the potential compensation payer’s or insurer’s
obligation under subsection 110(1) or (2), as the case
requires; and
(b) a statement of the effect of section 111 (recovery) so far as it
relates to the notice.

Part 3 Recovery from compensation payers and insurers
Section 110
110 Offence—potential compensation payer or insurer

(1) A person (the potential compensation payer) commits an offence
if:
(a) the potential compensation payer is given a notice under
subsection 109(1) in relation to a participant or prospective
participant; and
(b) before or after receiving the notice, the potential
compensation payer becomes liable to pay compensation to
the participant or prospective participant; and
(c) the potential compensation payer does not give written notice
to the CEO of the liability within 7 days after becoming
liable or receiving the notice, whichever is later.
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
(2) An insurer commits an offence if:

(a) the insurer is given a notice under subsection 109(2) in
relation to a claim by a participant or prospective participant;
and
(b) before or after receiving the notice, the insurer becomes
liable to indemnify the potential compensation payer, either
wholly or partly, in relation to the claim; and
(c) the insurer does not give written notice to the CEO of the
liability within 7 days of becoming liable or receiving the
notice, whichever is later.
111 CEO may send recovery notice to compensation payer or

insurer
(1) If:

Section 111
(a) one or more NDIS amounts have been paid to a person in

respect of a participant’s impairment; and
(b) a person (the compensation payer):
(i) is liable to pay compensation to the participant in
relation to the impairment; or
(ii) if the compensation payer is an authority of a State or
Territory—has determined that a payment by way of
compensation is to be made to the participant in relation
to the impairment;
the CEO may give written notice to the compensation payer that
the CEO proposes to recover from the compensation payer the
amount specified in the notice.
(2) If:
(a) one or more NDIS amounts have been paid to a person in
respect of a participant’s impairment; and
(b) an insurer is liable, under a contract of insurance, to
indemnify the compensation payer against any liability
arising from a claim of the participant for compensation;
the CEO may give written notice to the insurer that the CEO
proposes to recover from the insurer the amount specified in the
notice.
(3) If a compensation payer or insurer is given notice under
subsection (1) or (2), the compensation payer or insurer is liable to
pay to the Agency the amount specified in the notice.
(4) The amount to be specified in the notice is the lesser of the
following:
(a) an amount equal to the sum of the NDIS amounts referred to
in paragraph (1)(a) or (2)(a);
(b) an amount equal to the recoverable amount in relation to the
judgement, consent judgement or settlement to which the
liability relates.
(5) A notice under this section must contain a statement of the effect of
section 114 (offences) so far as it relates to such a notice.

Section 112
(6) This section applies to an amount payable by way of compensation

in spite of any law of the Commonwealth, a State or Territory
(however expressed) under which the compensation is inalienable.
(7) If the CEO gives a person a notice under this section that the CEO
proposes to recover a specified amount from the person, the
specified amount is a debt due by the person to the Agency.
112 Preliminary notice or recovery notice suspends liability to pay

compensation
(1) If a person (the compensation payer) has been given a notice under
subsection 109(1) or 111(1) in relation to the compensation payer’s
liability, or possible liability, to pay compensation, the
compensation payer is not liable to pay that compensation while
the notice has effect.
(2) If an insurer has been given a notice under subsection 109(2) or
111(2) in relation to the insurer’s liability, or possible liability, to
indemnify a compensation payer against a liability arising from a
claim for compensation:
(a) the insurer is not liable to so indemnify the compensation
payer; and
(b) the compensation payer is not liable to pay that
compensation;
while the notice has effect.
113 Compensation payer’s or insurer’s payment to Agency

discharges liability to participant
(1) Payment to the Agency of an amount that a compensation payer is
liable to pay under section 111 in relation to a participant operates,
to the extent of the payment, as a discharge of:
(a) the compensation payer’s liability to pay compensation to the
participant; and
(b) the participant’s liability to pay the Agency.
(2) Payment to the Agency of an amount that an insurer is liable to pay
under section 111 in relation to a participant operates, to the extent
of the payment, as a discharge of:

Section 114
(a) the insurer’s liability to the compensation payer; and

(b) the compensation payer’s liability to pay compensation to the
participant; and
(c) the participant’s liability to pay the Agency.
114 Offence—making compensation payment after receiving

preliminary notice or recovery notice
(1) A person (the potential compensation payer) commits an offence
if:
(a) the potential compensation payer has been given a notice
under subsection 109(1) or 111(1) in relation to the payment
of compensation to a participant or prospective participant;
and
(b) the potential compensation payer makes the compensation
payment to the participant or prospective participant.
(2) Subsection (1) does not apply if:

(a) in the case of a notice under section 109—the CEO has given
the potential compensation payer written notice that the
notice is revoked; or
(b) in the case of a notice under section 111—the potential
compensation payer has paid to the Agency the amount
specified in the notice; or
(c) the CEO has given the potential compensation payer written
permission to pay the amount.
(3) An insurer commits an offence if:
(a) the insurer has been given a notice under subsection 109(2)
or 111(2) in relation to a liability to indemnify a person; and
(b) the insurer makes a payment in relation to that liability.

Section 115

(4) Subsection (3) does not apply if:

(a) in the case of a notice under section 109—the CEO has given
the insurer written notice that the notice is revoked; or
(b) in the case of a notice under section 111—the insurer has
paid to the Agency the amount specified in the notice; or
(c) the CEO has given the insurer written permission to pay the
amount.
115 Liability to pay the Agency if there is a contravention of

section 114
(1) A potential compensation payer or insurer who contravenes
section 114 is, in addition to being liable under that section, liable
to pay to the Agency:
(a) if the contravention relates to a notice under section 109—an
amount determined by the CEO; or
(b) if the contravention relates to a notice under section 111—the
amount specified in the notice.
(2) The amount determined by the CEO under paragraph (1)(a) must
not be more than the amount that would have been specified in a
notice under section 111 if one had been given.
(3) This section applies in relation to a payment by way of
compensation in spite of any law of the Commonwealth, a State or
Territory (however expressed) under which the compensation is
inalienable.
(4) The amount determined by the CEO under paragraph (1)(a) or
specified in the notice under section 111 is a debt due by the
compensation payer or the insurer to the Agency.
CEO may disregard certain payments Part 4
Section 116
Part 4—CEO may disregard certain payments
116 CEO may disregard certain payments

For the purposes of this Chapter, the CEO may treat the whole or
part of a compensation payment as not having been fixed by a
judgement (including a consent judgement) or settlement, if the
CEO thinks it is appropriate to do so in the special circumstances
of the case.
Chapter 6 National Disability Insurance Scheme Launch Transition Agency
Part 1 National Disability Insurance Scheme Launch Transition Agency
Section 117
Chapter 6—National Disability Insurance

Scheme Launch Transition Agency
Part 1—National Disability Insurance Scheme
Launch Transition Agency
117 Establishment
(1) The National Disability Insurance Scheme Launch Transition
Agency is established by this section.
(2) The Agency:
(a) is a body corporate; and
(b) must have a seal; and
(c) may acquire, hold and dispose of real and personal property;
and
(d) may sue and be sued.
Note: The CAC Act applies to the Agency. That Act deals with matters
relating to Commonwealth authorities, including reporting and
accountability, banking and investment, and conduct of officers.
(3) The seal of the Agency is to be kept in such custody as the Board
directs and must not be used except as authorised by the Board.
118 Functions of the Agency

(1) The Agency has the following functions:
(a) to deliver the National Disability Insurance Scheme so as to:
(i) support the independence, and social and economic
participation, of people with disability; and
(ii) enable people with disability to exercise choice and
control in the pursuit of their goals and the planning and
delivery of their supports; and
(iii) ensure that the decisions and preferences of people with
disability are respected and given appropriate priority;
and
National Disability Insurance Scheme Launch Transition Agency Chapter 6
National Disability Insurance Scheme Launch Transition Agency Part 1
Section 118
(iv) promote the provision of high quality and innovative

supports that enable people with disability to maximise
independent lifestyles and inclusion in the mainstream
community; and
(v) ensure that a reasonable balance is achieved between
safety and the right of people with disability to choose
to participate in activities involving risk;
(b) to manage, and to advise and report on, the financial
sustainability of the National Disability Insurance Scheme
including by:
(i) regularly making and assessing estimates of the current
and future expenditure of the National Disability
(ii) identifying and managing risks and issues relevant to
the financial sustainability of the National Disability
(iii) considering actuarial advice, including advice from the
scheme actuary and the reviewing actuary;
(c) to develop and enhance the disability sector, including by
facilitating innovation, research and contemporary best
practice in the sector;
(d) to build community awareness of disabilities and the social
contributors to disabilities;
(e) to collect, analyse and exchange data about disabilities and
the supports (including early intervention supports) for
people with disability;
(f) to undertake research relating to disabilities, the supports
(including early intervention supports) for people with
disability and the social contributors to disabilities;
(g) any other functions conferred on the Agency by or under this
Act, the regulations or an instrument made under this Act;
(h) to do anything incidental or conducive to the performance of
the above functions.
(2) In performing its functions, the Agency must use its best
endeavours to:
(a) act in accordance with any relevant intergovernmental
agreements; and
Part 1 National Disability Insurance Scheme Launch Transition Agency
Section 119
(b) act in a proper, efficient and effective manner.
119 Powers of the Agency

(1) The Agency has power to do all things necessary or convenient to
be done for or in connection with the performance of its functions.
(2) The Agency’s powers include, but are not limited to, the following
powers:
(a) the power to enter into contracts;
(b) the power to accept gifts, devises, bequests and assignments.
120 Charging of fees

(1) The Agency may charge fees in accordance with an instrument
made under subsection (2).
(2) The Minister may, by legislative instrument, prescribe:
(a) the things that the Agency does in the performance of its
functions for which it may charge fees; and
(b) the amount, or a method of working out the amount, of those
fees.
(3) An instrument made under subsection (2) must not allow:
(a) a fee to be charged in relation to an access request; or
(b) a participant to be charged a fee.
(4) The Minister must not make an instrument under subsection (2)
unless the Commonwealth and each host jurisdiction agree to the
making of the instrument.
(5) A fee must not be such as to amount to taxation.
121 Minister may give directions to the Agency

(1) The Minister may, by legislative instrument, give directions to the
Agency about the performance of its functions.
Note: Section 42 (disallowance) and Part 6 (sunsetting) of the Legislative
Instruments Act 2003 do not apply to the directions (see sections 44
and 54 of that Act).
National Disability Insurance Scheme Launch Transition Agency Part 1
Section 122
(2) A direction given under subsection (1):

(a) must not relate to a particular individual; and
(b) must not be inconsistent with:
(i) this Act, the regulations or an instrument made under
this Act; or
(ii) the CAC Act, or the regulations or an instrument made
under that Act.
(3) The Minister must not give a direction under subsection (1) unless
the Commonwealth and each host jurisdiction agree to the giving
of the direction.
(4) The Agency must comply with a direction given under
subsection (1).
122 Agency does not have privileges and immunities of the Crown
The Agency does not have privileges and immunities of the Crown
in right of the Commonwealth.
Part 2 Board of the Agency
Division 1 Establishment and functions
Section 123
Part 2—Board of the Agency

Division 1—Establishment and functions
123 Establishment
The Board of the Agency is established by this section.
124 Functions of the Board

(1) The Board has the following functions:
(a) to ensure the proper, efficient and effective performance of
the Agency’s functions;
(b) to determine objectives, strategies and policies to be followed
by the Agency;
(c) any other functions conferred on the Board by or under:
this Act; or
(ii) any other law of the Commonwealth.
(2) The Board has the power to do all things necessary or convenient
to be done for or in connection with the performance of its
functions.
(3) Anything done in the name of, or on behalf of, the Agency by the
Board, or with the authority of the Board, is taken to have been
done by the Agency.
125 Minister may give the Board a statement setting out strategic
guidance for the Agency
(1) The Minister may give the Board a written statement setting out
strategic guidance for the Agency.
(2) A statement given under subsection (1):
(a) must be of a general nature only; and
(b) must not relate to a particular individual; and
(c) must not be inconsistent with:
Board of the Agency Part 2
Establishment and functions Division 1
Section 125A

this Act; or
(ii) the CAC Act, or the regulations or an instrument made
under that Act.
(3) The Minister must not give a statement under subsection (1) unless
the Commonwealth and each host jurisdiction agree to the giving
of the statement.
(4) In performing its functions, the Board must have regard to a
statement given under subsection (1).
(5) A statement given under subsection (1) is not a legislative
instrument.
125A Functions to be performed having regard to actuarial analysis

and advice
In performing its functions, the Board must have regard to relevant
actuarial analysis and advice.
Division 2 Members of the Board
Section 126
Division 2—Members of the Board
126 Membership
The Board consists of the Chair and 8 other members.
127 Appointment of Board members

(1) The Board members are to be appointed by the Minister, by written
instrument, on a part-time basis.
(2) A person is eligible for appointment as a Board member only if the
Minister is satisfied that the person has skills, experience or
knowledge in at least one of the following fields:
(a) the provision or use of disability services;
(b) the operation of insurance schemes, compensation schemes
or schemes with long-term liabilities;
(c) financial management;
(d) corporate governance.
Procedures relating to appointment

(3) The Minister must consult the States and Territories about the
appointment of the Chair.
(4) Before the Minister appoints a Board member other than the Chair,
the Minister must:
(a) seek the support of all the States and Territories for the
appointment; and
(b) be satisfied that the appointment is supported by the
Commonwealth, States and Territories.
(4A) Despite subsection (4), the Minister may appoint a person as a
Board member other than the Chair if:
(a) the Minister sought under that subsection the support of the
States and Territories for an appointment (the proposed
appointment) of the person as a Board member; and
(b) 90 days have passed since the Minister sought that support;
and
Members of the Board Division 2
Section 128
(c) the Minister is satisfied that it is not possible to make the

proposed appointment in accordance with that subsection or
it is not known whether the proposed appointment can be
made in accordance with that subsection.
Persons ineligible for appointment

(5) Despite subsection (2), a person is not eligible for appointment as a
Board member if the person is:
(a) a member (however described) of:
(i) the Parliament of the Commonwealth or a State; or
(ii) the legislature of a Territory; or
(iii) a local government authority; or
(b) an employee of the Commonwealth, a State, a Territory or a
local government authority; or
(c) the holder of a full-time office under a law of the
Commonwealth, a State or a Territory.
Balance of skills etc.

(6) In appointing the Board members, the Minister must ensure that
the Board members collectively possess an appropriate balance of
skills, experience or knowledge in the fields mentioned in
subsection (2).
128 Term of appointment

A Board member holds office for the period specified in the
instrument of appointment. The period must not be more than 3
years.
Note: For reappointment, see section 33AA of the Acts Interpretation Act
1901.
129 Acting appointments
Appointment to act during vacancy

(1) The Minister may, by written instrument, appoint a person to act as
the Chair, for a specified period of not more than 12 months,
Section 129
during a vacancy in the office of the Chair, whether or not an

appointment has previously been made to the office.
a Board member other than the Chair, for a specified period of not
more than 150 days, during a vacancy in the office of a Board
member other than the Chair, whether or not an appointment has
previously been made to the office.
(2A) The Minister must consult the States and Territories about an
appointment under subsection (2).
Appointment to act during absence etc.

a Board member during any period, or during all periods, when a
Board member:
(a) is absent from duty or from Australia; or
(b) is, for any reason, unable to perform the duties of the office.
Note: The Minister must tell the Ministerial Council as soon as practicable
after the Minister appoints a person to act as the Chair or another
Board member: see subsection 176(2).
Eligibility for appointment

(4) A person is eligible for appointment under subsection (1), (2) or (3)
only if the Minister is satisfied that the person has skills,
experience or knowledge in at least one of the fields mentioned in
subsection 127(2).
(5) Despite subsection (4), a person is not eligible for appointment
under subsection (1), (2) or (3) if the person is:
(a) a member (however described) of:
(i) the Parliament of the Commonwealth or a State; or
(ii) the legislature of a Territory; or
(iii) a local government authority; or
(b) the holder of a full-time office under a law of the
Commonwealth, a State or a Territory.
Note: For rules that apply to acting appointments, see sections 33AB and
33A of the Acts Interpretation Act 1901.
Section 130
130 Remuneration and allowances

(1) A Board member is to be paid the remuneration that is determined
by the Remuneration Tribunal. If no determination of that
remuneration by the Tribunal is in operation, the member is to be
paid the remuneration that is prescribed by the regulations.
(2) A Board member is to be paid the allowances that are prescribed
by the regulations.
(3) This section has effect subject to the Remuneration Tribunal Act
1973.
131 Leave of absence
Chair
(1) The Minister may grant leave of absence to the Chair on the terms
and conditions that the Minister determines.
(2) Before the Minister grants leave of absence to the Chair under
subsection (1), the Minister must consult the host jurisdictions
about the grant.
Other Board members

(3) The Chair may grant leave of absence to another Board member on
the terms and conditions that the Chair determines.
(4) The Chair must notify the Minister if the Chair grants another
Board member leave of absence for a period that exceeds 3
months.
132 Outside employment

A Board member must not engage in any paid employment that, in
the Minister’s opinion, conflicts or may conflict with the proper
performance of the member’s duties.
Section 133
133 Resignation of Board members

(1) A Board member may resign his or her appointment by giving the
Minister a written resignation.
(2) The resignation takes effect on the day it is received by the
Minister or, if a later day is specified in the resignation, on that
later day.
(3) The later day specified in the resignation must not be more than 90
days after the day the resignation is received by the Minister.
134 Termination of appointment of Board members

(1) The Minister may terminate the appointment of a Board member:
(a) for misbehaviour; or
(b) if the member is incapable of performing the duties of his or
her office; or
(c) if the Minister does not have confidence in the member.
(2) The Minister may terminate the appointment of a Board member if:
(a) the member:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of
bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the
benefit of his or her creditors; or
(b) the member is absent, except on leave of absence, from 3
consecutive meetings of the Board; or
(c) the member engages in paid employment that, in the
Minister’s opinion, conflicts or may conflict with the proper
performance of the member’s duties (see section 132); or
(d) the member fails, without reasonable excuse, to comply with
an obligation imposed on him or her by section 27F or 27J of
the CAC Act; or
(e) the Minister is satisfied that the performance of the member
has been unsatisfactory for a significant period.
Section 135
Procedures relating to termination

(3) The Minister must consult the host jurisdictions about the
termination of the appointment of the Chair.
(4) Before the Minister terminates the appointment of a Board member
other than the Chair, the Minister must:
(a) seek the support of all the host jurisdictions for the
termination; and
(b) be satisfied that the termination is supported by:
(i) the Commonwealth; and
(ii) a majority of the group consisting of the
Commonwealth and the host jurisdictions.
135 Other terms and conditions of Board members

(1) A Board member holds office on the terms and conditions (if any)
in relation to matters not covered by this Act that are determined
by the Minister.
(2) Before the Minister determines terms and conditions on which a
Board member holds office, the Minister must be satisfied that the
Commonwealth and a majority of host jurisdictions agree to the
terms and conditions.
Division 3 Meetings of the Board
Section 136
Division 3—Meetings of the Board
136 Convening meetings

(1) The Board must hold the meetings that are necessary for the
efficient performance of its functions.
(2) Meetings are to be held at the times and places that the Board
determines.
Note: Section 33B of the Acts Interpretation Act 1901 contains further
information about the ways in which Board members may participate
in meetings.
(3) The Chair:

(a) may convene a meeting; and
(b) must convene at least 4 meetings each calendar year; and
(c) must convene a meeting within 30 days of receiving a written
request to do so from another Board member.
137 Presiding at meetings

(1) The Chair must preside at all meetings at which he or she is
present.
(2) If the Chair is not present at a meeting:
(a) a Board member nominated by the Chair presides; or
(b) if a Board member has not been nominated by the Chair to
preside—the other Board members present must appoint one
of themselves to preside.
138 Quorum
(1) At a meeting of the Board, a quorum is constituted by 5 Board
members.
(2) However, if:
(a) a Board member is required by section 27J of the CAC Act
not to be present during the deliberations, or to take part in
any decision, of the Board with respect to a particular matter;
and
Meetings of the Board Division 3
Section 139
(b) when the member leaves the meeting concerned there is no

longer a quorum present;
the remaining members at the meeting constitute a quorum for the
purpose of any deliberation or decision at that meeting with respect
to that matter.
139 Voting at meetings

(1) A question arising at a meeting is to be determined by a majority of
the votes of the Board members present and voting.
(2) The person presiding at a meeting has a deliberative vote and, if
the votes are equal, a casting vote.
140 Conduct of meetings

The Board may, subject to this Division, regulate proceedings at its
meetings as it considers appropriate.
141 Minutes
The Board must keep minutes of its meetings.
142 Decisions without meetings

(1) The Board is taken to have made a decision at a meeting if:
(a) without meeting, a majority of the Board members entitled to
vote on the proposed decision indicate agreement with the
decision; and
(b) that agreement is indicated in accordance with the method
determined by the Board under subsection (2); and
(c) all the Board members were informed of the proposed
decision, or reasonable efforts were made to inform all the
members of the proposed decision.
(2) Subsection (1) applies only if the Board:
(a) has determined that it may make decisions of that kind
without meeting; and
(b) has determined the method by which Board members are to
indicate agreement with proposed decisions.
Division 3 Meetings of the Board
Section 142
(3) For the purposes of paragraph (1)(a), a Board member is not

entitled to vote on a proposed decision if the member would not
have been entitled to vote on that proposal if the matter had been
considered at a meeting of the Board.
(4) The Board must keep a record of decisions made in accordance
with this section.
Independent Advisory Council Part 3
Establishment and function Division 1
Section 143
Part 3—Independent Advisory Council

Division 1—Establishment and function
143 Establishment
The Independent Advisory Council is established by this section.
144 Function of the Advisory Council

(1) The Advisory Council’s function is to provide, on its own initiative
or at the written request of the Board, advice to the Board about the
way in which the Agency:
(a) performs its functions relating to the National Disability
(b) supports the independence and social and economic
participation of people with disability; and
(c) provides reasonable and necessary supports, including early
intervention supports, for participants in the National
Disability Insurance Scheme launch; and
(d) enables people with disability to exercise choice and control
in the pursuit of their goals and the planning and delivery of
their supports; and
(e) facilitates the development of a nationally consistent
approach to the access to, and the planning and funding of,
supports for people with disability; and
(f) promotes the provision of high quality and innovative
supports to people with disability; and
(g) raises community awareness of the issues that affect the
social and economic participation of people with disability,
and facilitates greater community inclusion of people with
disability.
(2) In providing advice, the Advisory Council must have regard to the
role of families, carers and other significant persons in the lives of
people with disability.
(3) Advice provided by the Advisory Council must not relate to:
(a) a particular individual; or
Part 3 Independent Advisory Council
Division 1 Establishment and function
Section 145
(b) the approval of a person or entity as a registered provider of

supports or the revocation of that approval; or
(c) the corporate governance of the Agency; or
(d) the money paid to, or received by, the Agency.
(4) The Advisory Council has power to do all things necessary or
convenient to be done for or in connection with the performance of
its function.
145 Advice of the Advisory Council

If the Advisory Council provides advice to the Board under
subsection 144(1), the Board must:
(a) have regard to the advice in performing its functions; and
(b) give the Ministerial Council a copy of the advice and a
statement setting out what has been done, or is to be done, in
response to the advice.
Members of the Advisory Council Division 2
Section 146
Division 2—Members of the Advisory Council
146 Membership
The Advisory Council is to consist of the following members:
(a) the Principal Member of the Council;
(b) not more than 12 other members.
147 Appointment of members of the Advisory Council

(1) The members of the Advisory Council are to be appointed by the
Minister, by written instrument, on a part-time basis.
Procedures relating to appointment

(2) The Minister must consult the States and Territories about the
appointment of the Principal Member.
(3) Before the Minister appoints a member of the Advisory Council
other than the Principal Member, the Minister must:
(a) seek the support of all the States and Territories for the
appointment; and
(b) be satisfied that the appointment is supported by the
Commonwealth, States and Territories.
(3A) Despite subsection (3), the Minister may appoint a person as a
member of the Advisory Council other than the Principal Member
if:
(a) the Minister sought under that subsection the support of the
States and Territories for an appointment (the proposed
appointment) of the person as a member of the Advisory
Council; and
(b) 90 days have passed since the Minister sought that support;
and
(c) the Minister is satisfied that it is not possible to make the
proposed appointment in accordance with that subsection or
it is not known whether the proposed appointment can be
made in accordance with that subsection.
Division 2 Members of the Advisory Council
Section 148
Persons ineligible for appointment

(4) A person is not eligible for appointment as a member of the
Advisory Council if the person is a member (however described)
of:
(a) the Parliament of the Commonwealth or a State; or
(b) the legislature of a Territory; or
(c) a local government authority.
Membership requirements
(5) In appointing the members of the Advisory Council, the Minister
must:
(a) have regard to the desirability of the membership of the
Advisory Council reflecting the diversity of people with
disability; and
(b) ensure that all members are persons with skills, experience or
knowledge that will help the Advisory Council perform its
function; and
(c) ensure that:
(i) a majority of the members are people with disability;
and
(ii) at least 2 of the members are carers of people with
disability; and
(iii) at least one of the members is a person who has skills,
experience or knowledge in relation to disability in rural
or regional areas; and
(iv) at least one of the members is a person who has skills,
experience or knowledge in the supply of equipment, or
the provision of services, to people with disability.
Note: A particular member may meet one or more of the conditions in
subparagraphs (5)(c)(ii), (iii) and (iv).
148 Term of appointment

A member of the Advisory Council holds office for the period
specified in the instrument of appointment. The period must not
exceed 3 years.
Section 149
1901.
Appointment to act during vacancy

the Principal Member, for a specified period of not more than 12
months, during a vacancy in the office of the Principal Member,
whether or not an appointment has previously been made to the
office.
a member of the Advisory Council other than the Principal
Member, for a specified period of not more than 150 days, during a
vacancy in the office of a member of the Advisory Council other
than the Principal Member, whether or not an appointment has
previously been made to the office.
(2A) The Minister must consult the States and Territories about an
appointment under subsection (2).
Appointment to act during absence etc.

a member of the Advisory Council during any period, or during all
periods, when a member of the Advisory Council:
(a) is absent from duty or from Australia; or
(b) is, for any reason, unable to perform the duties of the office.
Note 1: The Minister must tell the Ministerial Council as soon as practicable
after the Minister appoints a person to act as the Principal Member or
another member of the Advisory Council: see subsection 176(2).
Note 2: For rules that apply to acting appointments, see sections 33AB and

(1) A member of the Advisory Council is to be paid the remuneration
that is determined by the Remuneration Tribunal. If no
determination of that remuneration by the Tribunal is in operation,
Section 151
the member is to be paid the remuneration that is prescribed by the

regulations.
(2) A member of the Advisory Council is to be paid the allowances
that are prescribed by the regulations.
1973.
Principal Member
(1) The Minister may grant leave of absence to the Principal Member
on the terms and conditions that the Minister determines.
(2) Before the Minister grants leave of absence to the Principal
Member under subsection (1), the Minister must consult the host
jurisdictions about the grant.
Other members
(3) The Principal Member may grant leave of absence to another
member of the Advisory Council on the terms and conditions that
the Principal Member determines.
(4) The Principal Member must notify the Minister if the Principal
Member grants another member of the Advisory Council leave of
absence for a period that exceeds 3 months.
152 Disclosure of interests to the Minister

A member of the Advisory Council must give written notice to the
Minister of all interests, pecuniary or otherwise, that the member
has or acquires and that conflict or could conflict with the proper
performance of the member’s functions.
153 Disclosure of interests to the Advisory Council

(1) A member of the Advisory Council who has an interest, pecuniary
or otherwise, in a matter being considered or about to be
Section 154
considered by the Council must disclose the nature of the interest

to a meeting of the Council.
(2) The disclosure must be made as soon as possible after the relevant
facts have come to the member’s knowledge.
(3) The disclosure must be recorded in the minutes of the meeting.
(4) Unless the Advisory Council otherwise determines, the member:
(a) must not be present during any deliberation by the Council
on the matter; and
(b) must not take part in any decision of the Council with respect
to the matter.
(5) For the purposes of making a determination under subsection (4),
the member:
(a) must not be present during any deliberation of the Council
for the purpose of making the determination; and
(b) must not take part in making the determination.
(6) A determination under subsection (4) must be recorded in the
minutes of the meeting of the Council.
154 Resignation of members of the Advisory Council

(1) A member of the Advisory Council may resign his or her
appointment by giving the Minister a written resignation.
(2) The resignation takes effect on the day it is received by the
Minister or, if a later day is specified in the resignation, on that
later day.
days after the day the resignation is received by the Minister.
155 Termination of appointment of members of the Advisory

Council
(1) The Minister may terminate the appointment of a member of the
Advisory Council:
Section 155
(b) if the member is incapable of performing the duties of his or

her office.
(2) The Minister may terminate the appointment of a member of the
Advisory Council if:
(a) the member:
(b) the member is absent, except on leave of absence, from 3
consecutive meetings of the Council; or
(c) the member fails, without reasonable excuse, to comply with
section 152 or 153 (which deal with the disclosure of
interests); or
(d) the Minister is satisfied that the performance of the member
has been unsatisfactory for a significant period.
Procedures relating to termination

(3) The Minister must consult the host jurisdictions about the
termination of the appointment of the Principal Member.
(4) Before the Minister terminates the appointment of a member of the
Advisory Council other than the Principal Member, the Minister
must:
(a) seek the support of all the host jurisdictions for the
termination; and
(b) be satisfied that the termination is supported by:
(i) the Commonwealth; and
(ii) a majority of the group consisting of the
Commonwealth and the host jurisdictions.
Section 156
156 Other terms and conditions of members of the Advisory Council

(1) A member of the Advisory Council holds office on the terms and
conditions (if any) in relation to matters not covered by this Act
that are determined by the Minister.
(2) Before the Minister determines terms and conditions on which a
member of the Advisory Council holds office, the Minister must be
satisfied that the Commonwealth and a majority of host
jurisdictions agree to the terms and conditions.
Division 3 Procedures of the Advisory Council
Section 157
Division 3—Procedures of the Advisory Council
157 Procedures of the Advisory Council

The Advisory Council may determine its own procedures.
Chief Executive Officer and staff etc. Part 4
Chief Executive Officer Division 1
Section 158
Part 4—Chief Executive Officer and staff etc.

Division 1—Chief Executive Officer
158 Establishment
There is to be a Chief Executive Officer of the Agency.
159 Functions of the CEO

(1) The CEO is responsible for the day-to-day administration of the
Agency.
(2) The CEO has power to do all things necessary or convenient to be
done for or in connection with the performance of his or her duties.
(3) The CEO is to act in accordance with the objectives, strategies and
policies determined by the Board under paragraph 124(1)(b).
(4) The Board may give written directions to the CEO about the
performance of the CEO’s duties.
(5) The CEO must comply with a direction under subsection (4).
(6) A direction under subsection (4) is not a legislative instrument.
(7) The CEO must give the Board a copy of any significant actuarial
report or advice he or she receives, as soon as reasonably
practicable after receiving it.
160 Appointment of the CEO

(1) The CEO is to be appointed by the Board.
(2) The appointment is to be made by written instrument.
(3) The CEO holds office on a full-time basis.
(4) The CEO holds office for the period specified in the instrument of
appointment. The period must not exceed 3 years.
1901.
Part 4 Chief Executive Officer and staff etc.
Division 1 Chief Executive Officer
Section 161
(5) The CEO must not be a member of the Board.

(6) Despite subsection (1), the first CEO is to be appointed by the
Minister.
(7) Before the Minister makes an appointment under subsection (6),
the Minister must consult the host jurisdictions about the
appointment.
(8) This Part (other than subsection (1)) applies to the CEO appointed
under subsection (6) as if the CEO had been appointed under
subsection (1).

The Board may, by written instrument, appoint a person (other than
a Board member) to act as the CEO:
(a) during a vacancy in the office of the CEO, whether or not an
appointment has previously been made to the office; or
(b) during any period, or during all periods, when the CEO:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the
office.
Note: For rules that apply to acting appointments, see sections 33AB and

(1) The CEO is to be paid the remuneration that is determined by the
Remuneration Tribunal. If no determination of that remuneration
by the Tribunal is in operation, the CEO is to be paid the
remuneration that is prescribed by the regulations.
(2) The CEO is to be paid the allowances that are prescribed by the
regulations.
1973.
Chief Executive Officer Division 1
Section 163

(1) The CEO has the recreation leave entitlements that are determined
by the Remuneration Tribunal.
(2) The Board may grant the CEO leave of absence, other than
recreation leave, on the terms and conditions as to remuneration or
otherwise that the Board determines.
164 Outside employment

The CEO must not engage in paid employment outside the duties
of his or her office without the Board’s approval.
165 Disclosure of interests

The CEO must give written notice to the Board of all interests,
pecuniary or otherwise, that the CEO has or acquires and that
conflict or could conflict with the proper performance of the
CEO’s duties.
166 Resignation of the CEO

(1) The CEO may resign his or her appointment by giving the Board a
written resignation.
(2) The resignation takes effect on the day it is received by the Board
or, if a later day is specified in the resignation, on that later day.
days after the day the resignation is received by the Board.
167 Termination of appointment of the CEO

(1) The Board may terminate the appointment of the CEO:
(b) if the CEO is incapable of performing the duties of his or her
office.
(2) The Board may terminate the appointment of the CEO if:
(a) the CEO:
Part 4 Chief Executive Officer and staff etc.
Division 1 Chief Executive Officer
Section 168

(b) the CEO is absent, except on leave of absence, for 14
consecutive days or for 28 days in any 12 months; or
(c) the CEO engages, except with the Board’s approval, in paid
employment outside the duties of his or her office (see
section 164); or
(d) the CEO fails, without reasonable excuse, to comply with
section 165 (which is about the disclosure of interests); or
(e) the Board is satisfied that the performance of the CEO has
been unsatisfactory for a significant period.
(3) If the Board terminates the appointment of the CEO, the Board
must notify the Minister of the termination.
168 Other terms and conditions of the CEO

The CEO holds office on the terms and conditions (if any) in
relation to matters not covered by this Act that are determined by
the Board.
Staff etc. Division 2
Section 169
Division 2—Staff etc.
169 Staff
(1) The staff of the Agency must be persons engaged under the Public
Service Act 1999.
(2) For the purposes of that Act:
(a) the CEO and the staff of the Agency together constitute a
Statutory Agency; and
(b) the CEO is the Head of that Statutory Agency.
170 Services of other persons to be made available to the Agency

(1) The Agency may arrange with:
(a) an Agency Head (within the meaning of the Public Service
Act 1999) of an Agency (within the meaning of that Act); or
(b) a body established for a public purpose by or under a law of
the Commonwealth;
for the services of officers or employees of the Agency referred to
in paragraph (a) or body to be made available to assist the Agency
in the performance of its functions.
(2) The Agency may arrange with the appropriate authority of a State
or Territory for the services of officers or employees of the
following to be made available to assist the Agency in the
performance of its functions:
(a) the Public Service of the State or Territory;
(b) a body established for a public purpose by or under a law of
the State or Territory.
171 Consultants
The Agency may engage consultants to assist in the performance of
its functions.
171A Transitional provisions for staff of the Agency

Schedule 1 has effect.
Part 5 Reporting and planning
Division 1 Reporting
Section 172
Part 5—Reporting and planning

Division 1—Reporting
Subdivision A—Reporting by Board members
172 Annual report

(1) The Board members must include in each annual report on the
Agency under section 9 of the CAC Act the things described in
subsections (2) and (4).
(2) The annual report must include the following for the period to
which the report relates:
(a) details of any directions given under section 121 in the
period;
(b) details of any statements given under section 125 in the
period;
(c) information (including statistics) and analysis that relates to
either or both of the following in the period:
(i) participants;
(ii) funding or provision of supports by the Agency.
(3) The Minister may, by legislative instrument, prescribe particular
information, or analysis, described in paragraph (2)(c) that must be
included in the annual report.
(4) The annual report must include:
(a) the summary, that was prepared under section 180B when the
annual report was being prepared, of the annual financial
sustainability report prepared then; and
(b) the report of the reviewing actuary’s review under
subsection 180E(2) of the summary mentioned in
paragraph (a).
Reporting and planning Part 5
Reporting Division 1
Section 173
Prerequisite to making instrument under subsection (3)

unless a majority of the members of the Ministerial Council agree
to the making of the instrument.
173 Giving certain information to the Ministerial Council

(1) The Board members must give the Ministerial Council a copy of
each of the following when, or as soon as practicable after, the
Board members give it to the Minister or the Finance Minister:
(a) an annual report given to the Minister under section 9 of the
CAC Act;
(b) an interim report given to the Minister under section 13 of the
CAC Act;
(c) particulars of a proposal given to the Minister under
section 15 of the CAC Act;
(d) information, a report or a document given to the Minister or
the Finance Minister under section 16 of the CAC Act.
(2) The Board members must cause a copy of information the Agency
gives the Minister or a Minister of a host jurisdiction under
section 175 to be given to the Ministerial Council as soon as
practicable after the Agency gives the information to that Minister.
(3) As soon as practicable after any of the following events happens to
a person, the Board members must tell the Ministerial Council that
the event has happened to the person:
(a) appointment of the person as the CEO by the Board;
(b) resignation of the person as the CEO;
(c) termination of the person’s appointment as the CEO.
174 Quarterly report to the Ministerial Council

(1) The Board members must:
(a) prepare a report on the operations of the Agency for each
period of 3 months starting on 1 July, 1 October, 1 January or
1 April; and
Section 175
(b) give the report to the Ministerial Council within 1 month

after the end of the period to which the report relates.
(2) The report must include information (including statistics) that
relates to either or both of the following in the period to which the
report relates:
(a) participants in each host jurisdiction;
(b) funding or provision of supports by the Agency in relation to
each host jurisdiction.
(3) The Minister may, by legislative instrument, prescribe particular
information described in subsection (2) that must be included in the
report.
Prerequisite to making instrument under subsection (3)

unless a majority of the members of the Ministerial Council agree
to the making of the instrument.
First report
(5) If this section commences on a day other than a day (a quarter
start day) mentioned in paragraph (1)(a):
(a) the Board members are not required to prepare a report for
the period ending immediately before the next quarter start
day; and
(b) the first report under this section must be for the period:
(i) starting on the day this section commences; and
(ii) ending immediately before the second quarter start day
after the day this section commences.
Subdivision B—Reporting by the Agency
175 Giving information requested by Commonwealth, State or

Territory Ministers
(1) The Agency must give the Minister information requested by the
Minister about:
Reporting Division 1
Section 176
(a) expenditure, relating to a particular host jurisdiction, of

money received by the Agency from the Commonwealth or
that host jurisdiction; or
(b) activities of the Agency relating to a particular host
jurisdiction.
(2) The Agency must give a Minister of a host jurisdiction who is a
member of the Ministerial Council information requested by that
Minister about:
(a) expenditure of money received by the Agency from that
jurisdiction; or
(b) expenditure, relating to that jurisdiction, of money received
by the Agency from the Commonwealth; or
(c) activities of the Agency relating to that jurisdiction.
Subdivision C—Reporting by the Minister
176 Giving certain information to the Ministerial Council

(1) As soon as practicable after giving a direction to the Agency under
section 121 or a statement to the Board under section 125, the
Minister must give a copy of the direction or statement to the
Ministerial Council.
(2) As soon as practicable after any of the following events happens to
a person, the Minister must tell the Ministerial Council that the
event has happened to the person:
(a) appointment of the person as:
(i) the Chair or another member of the Board; or
(ii) the Principal Member or another member of the
Advisory Council; or
(iii) the first CEO;
(b) appointment of the person to act as:
(i) the Chair or another member of the Board; or
(ii) the Principal Member or another member of the
Advisory Council;
(c) grant of leave of absence for the person for a period that
exceeds 3 months under section 131 or 151;
Section 176
(d) resignation of the person as a Board member or a member of

the Advisory Council;
(e) termination of the person’s appointment as a Board member
or a member of the Advisory Council.
Planning Division 2
Section 177
Division 2—Planning
177 Corporate plan

(1) The Board must prepare a corporate plan for the Agency at least
once a year.
(2) The plan must cover a period of at least 3 years.
(3) In preparing the plan, the Board must have regard to a statement
given under section 125.
Content of the corporate plan

(4) Without limiting subsection (1), the plan must include details of
the following matters:
(a) the objectives, strategies and policies to be followed by the
Agency;
(b) the performance indicators for the assessment of the
Agency’s performance of its functions;
(c) the performance of the Agency in the year before the year in
which the plan is prepared as assessed against those
performance indicators;
(d) the financial sustainability of the National Disability
Insurance Scheme (including estimates of the current and
future expenditure of the National Disability Insurance
Scheme);
(e) the risks and issues relevant to the financial sustainability of
the National Disability Insurance Scheme and the
management of those risks and issues.
Copy to be given to the Ministerial Council etc.

(5) The Board must give a copy of the plan to the Ministerial Council
before the start of the period covered by the plan.
(6) If the Board varies the plan, the Board must notify the Ministerial
Council of the variation.
Part 6 Finance
Section 178
Part 6—Finance
178 Payments to the Agency by the Commonwealth

(1) There is payable to the Agency such money as is appropriated by
the Parliament for the purposes of the Agency.
(2) The Finance Minister may give directions about the amounts in
which, and the times at which, money payable under subsection (1)
is to be paid to the Agency.
(3) If a direction under subsection (2) is given in writing, the direction
is not a legislative instrument.
179 Payments to the Agency by the host jurisdictions

The Agency may receive money paid to it by a host jurisdiction for
the purpose of funding reasonable and necessary supports for
participants in the National Disability Insurance Scheme launch
who are in the host jurisdiction.
180 Application of money by the Agency

(1) The money of the Agency consists of:
(a) money paid to the Agency under section 178; and
(b) money received by the Agency under section 179; and
(c) any other money paid to, or received by, the Agency.
(2) Subject to subsection (3), the money of the Agency is to be applied
only:
(a) in payment or discharge of any expenses, charges and
obligations incurred or undertaken by the Agency in the
performance of its functions and the exercise of its powers;
and
(b) in payment of remuneration and allowances payable under
this Act.
Finance Part 6
Section 180
(3) The money of the Agency that was received by the Agency under
section 179 is to be applied only for the purpose mentioned in that
section.
(4) Subsections (2) and (3) do not prevent investment of surplus
money of the Agency under section 18 of the CAC Act.
Part 6A Actuarial assessment of financial sustainability
Division 1 Scheme actuary and annual financial sustainability report
Section 180A
Part 6A—Actuarial assessment of financial

sustainability
Division 1—Scheme actuary and annual financial
sustainability report
180A Nomination of scheme actuary

(1) The Board must, in writing, nominate as scheme actuary an
actuary:
(a) who is a Fellow of The Institute of Actuaries of Australia;
and
(b) who the Board considers is a fit and proper person, and has
appropriate skills, experience or knowledge, to be the scheme
actuary; and
(c) who is not the reviewing actuary.
(2) The Board must, in writing, revoke the nomination if the nominee
ceases to be a Fellow of The Institute of Actuaries of Australia.
(3) Subsection (2) does not limit subsection 33(3) of the Acts
Interpretation Act 1901 (which deals with revocation and variation
of instruments).
180B Duties of scheme actuary
Duties relating to annual financial sustainability report

(1) The scheme actuary must do all of the following each time an
annual report on the Agency under section 9 of the CAC Act is
being prepared:
(a) assess:
(i) the financial sustainability of the National Disability
(ii) risks to that sustainability; and
(iii) any trends in provision of supports to people with
disability otherwise than through the National Disability
Insurance Scheme (for example, trends in the provision
Actuarial assessment of financial sustainability Part 6A
Scheme actuary and annual financial sustainability report Division 1
Section 180C
of informal supports and supports provided through

support services generally available to any person in the
community);
(b) consider the causes of those risks and trends;
(c) make estimates of future expenditure of the National
Disability Insurance Scheme;
(d) prepare a report of that assessment, consideration and
estimation;
(e) prepare a summary of that report that includes the estimates
described in paragraph (c).
Duty to make quarterly estimates of future expenditure

(2) At least once each quarter, the scheme actuary must make
estimates of the future expenditure of the National Disability
Insurance Scheme and advise the CEO of the estimates. For this
purpose, quarter means a period of 3 months starting on 1 July,
1 October, 1 January or 1 April.
Note: The CEO must give the Board a copy of the advice under
subsection 159(7).
Duty to provide information and advice on request

(3) The scheme actuary must, on request from the Board or the CEO,
provide actuarial information or advice.
Duty to report concerns to Board

(4) If the scheme actuary has significant concerns about the financial
sustainability of the National Disability Insurance Scheme, or the
risk management processes of the Agency, he or she must report
those concerns to the Board as soon as reasonably practicable.
180C Rules for performance of scheme actuary’s duties

The Minister administering the Insurance Act 1973 may, by
legislative instrument, determine rules that the scheme actuary
must comply with in performing his or her duties under
section 180B.
Part 6A Actuarial assessment of financial sustainability
Division 2 Reviewing actuary
Section 180D
Division 2—Reviewing actuary
180D Nomination of reviewing actuary

(1) The Board must, in writing, nominate as reviewing actuary an
actuary:
(a) who is a Fellow of The Institute of Actuaries of Australia;
and
(b) who the Board considers is a fit and proper person, and has
appropriate skills, experience or knowledge, to be the
reviewing actuary; and
(c) who is not the scheme actuary; and
(d) who is not a member of the staff of the Agency under
section 169.
(2) The nomination has effect for 3 years or a shorter period specified
in the nomination.
(3) The Board must, in writing, revoke the nomination if the nominee:
(a) ceases to be a Fellow of The Institute of Actuaries of
Australia; or
(b) becomes a member of the staff of the Agency under
section 169.
(4) Subsections (2) and (3) do not limit subsection 33(3) of the Acts
Interpretation Act 1901 (which deals with revocation and variation
of instruments).
Reviewing actuary for first 3 years

(5) The Board must nominate the Australian Government Actuary
under subsection (1) as the first reviewing actuary, as soon as
reasonably practicable after the commencement of this section. The
nomination has effect for 3 years, despite subsection (2) of this
section and subsection 33(3) of the Acts Interpretation Act 1901,
but subject to subsection (3) of this section.
Actuarial assessment of financial sustainability Part 6A
Assistance of scheme actuary and reviewing actuary Division 3
Section 180E
Nominations and revocations are not legislative instruments

(6) Neither a nomination made under subsection (1) nor a revocation
made under subsection (3) is a legislative instrument.
180E Duties of reviewing actuary

(1) The reviewing actuary must, on request by the Board, review and
report to the Board on actuarial reports and advice received by the
Board.
(2) The reviewing actuary must review and report to the Board on each
annual financial sustainability report and summary prepared under
section 180B.
(3) The reviewing actuary must include in each of his or her reports
under subsection (2) a statement whether he or she is satisfied that
the Agency made all arrangements necessary for him or her to
conduct the review to which the report relates.
(4) If the reviewing actuary has significant concerns about the
financial sustainability of the National Disability Insurance
Scheme, or the risk management processes of the Agency, he or
she must report those concerns to the Board as soon as reasonably
practicable.
Division 3—Assistance of scheme actuary and reviewing

actuary
180F Agency to assist scheme actuary and reviewing actuary

The Agency must make arrangements to enable:
(a) the scheme actuary to perform his or her duties under
section 180B; and
(b) the reviewing actuary to perform his or her duties under
section 180E.
Part 7 Miscellaneous
Section 181
Part 7—Miscellaneous
181 Taxation
The Agency is not subject to taxation under any law of the
Commonwealth or of a State or Territory.
Note: However, the Agency may be subject to taxation under certain laws
(see, for example, section 177-5 of the A New Tax System (Goods and
Services Tax) Act 1999 and section 66 of the Fringe Benefits Tax
Assessment Act 1986).
Other matters Chapter 7
Debt recovery Part 1
Debts Division 1
Section 182
Chapter 7—Other matters

Part 1—Debt recovery
Division 1—Debts
182 Debts due to the Agency

(1) If:
(a) a payment is made to a person that is, or purports to be, a
payment of an NDIS amount to or in respect of a participant;
and
(b) the person is not entitled for any reason to the payment of the
NDIS amount;
the amount of the payment is a debt due to the Agency by the
person and the debt is taken to arise when the person receives the
payment.
(2) Without limiting paragraph (1)(b), a person is taken not to have
been entitled to the payment of an NDIS amount if the payment
should not have been made for one or more of the following
reasons:
(a) the payment was made as a result of a computer error or an
administrative error;
(b) the payment was made as a result of:
(i) a contravention of this Act, the regulations or the
National Disability Insurance Scheme rules; or
(ii) a false or misleading statement or a misrepresentation;
(c) the participant died before the payment was made.
(3) If a person does not comply with subsection 46(1) in relation to an
NDIS amount, an equal amount is a debt due to the Agency by the
person.
(4) The National Disability Insurance Scheme rules may provide that,
if records are not retained for the period prescribed as mentioned in
subsection 46(2) in relation to an NDIS amount, an equal or lesser
amount is a debt due to the Agency by the person.
Chapter 7 Other matters
Part 1 Debt recovery
Division 2 Methods of recovery
Section 183
Division 2—Methods of recovery
183 Legal proceedings

(1) A debt under this Act is recoverable by the Agency by means of
legal proceedings brought by the CEO on behalf of the Agency in a
court of competent jurisdiction.
(2) Subject to subsections (3), (4) and (5), legal proceedings for the
recovery of the debt are not to be commenced after the end of the
period (the recovery period) of 6 years starting on the first day an
officer becomes aware, or could reasonably be expected to have
become aware, of the circumstances that gave rise to the debt.
(3) If, within the recovery period, part of the debt is paid, legal
proceedings for the recovery of the balance of the debt may be
commenced within the period of 6 years starting on the day of
payment.
(4) If, within the recovery period, the person who owes the debt
acknowledges that he or she owes it, legal proceedings for the
recovery of the debt may be commenced within the period of 6
years starting on the day of acknowledgement.
(5) If, within the recovery period, any of the following activities
occurs:
(a) a review of a file relating to action for the recovery of the
debt;
(b) other internal Agency activity relating to action for the
recovery of the debt;
action under this section for the recovery of the debt may be
commenced within the period of 6 years after the end of the
activity.
184 Arrangement for payment of debt

(1) The CEO may enter into an arrangement with a person under
which the person is to pay a debt, owed by the person to the
Agency under this Act, or the outstanding amount of such a debt,
in a way set out in the arrangement.
Methods of recovery Division 2
Section 185
(2) An arrangement entered into under subsection (1) has effect, or is

taken to have had effect, on and after the day specified in the
arrangement as the day the arrangement commences (whether that
day is the day the arrangement is entered into or an earlier or later
day).
(3) If an arrangement entered into under subsection (1) does not
specify a day as mentioned in subsection (2), it has effect on and
after the day on which it is entered into.
(4) The CEO may terminate or alter an arrangement entered into under
subsection (1):
(a) at the debtor’s request; or
(b) after giving 28 days’ notice to the debtor of the proposed
termination or alteration; or
(c) without notice, if the CEO is satisfied that the person has
failed to disclose material information about his or her true
capacity to repay the debt.
185 Recovery of amounts from financial institutions

(1) If:
(a) an NDIS amount or NDIS amounts are paid to a financial
institution for the credit of an account kept with the
institution; and
(b) the CEO is satisfied that the payment or payments were
intended to be made to someone who was not the person or
one of the persons in whose name or names the account was
kept;
the CEO may give a written notice to the institution setting out the
matters mentioned in paragraphs (a) and (b) and requiring the
institution to pay to the Agency, within a reasonable period stated
in the notice, the lesser of the following amounts:
(c) an amount specified in the notice, being an amount equal to
the NDIS amount or the sum of the NDIS amounts;
(d) the amount standing to the credit of the account when the
notice is received by the institution.
(2) If:
Division 2 Methods of recovery
Section 185
(a) an NDIS amount or NDIS amounts that are intended to be

made to or in respect of a person (the first person) are made
to a financial institution for the credit of an account that was
kept with the institution by the first person or by the first
person and one or more other persons; and
(b) the first person died before the payment or payments were
made;
the CEO may give a written notice to the institution setting out the
matters mentioned in paragraphs (a) and (b) and requiring the
institution to pay to the Agency, within a reasonable period stated
in the notice, the lesser of the following amounts:
(c) an amount specified in the notice that is equal to the NDIS
amount or the sum of the NDIS amounts;
(d) the amount standing to the credit of the account when the
notice is received by the institution.
(3) As soon as possible after issuing a notice under subsection (2), the
CEO must inform the deceased estate in writing of:
(a) the amount sought to be recovered from the deceased
person’s account; and
(b) the reasons for the recovery action.
(4) A financial institution must comply with a notice given to it under
subsection (1) or (2).
(5) It is a defence to a prosecution of a financial institution for failing
to comply with a notice given to it under subsection (1) or (2) if the
financial institution proves that it was incapable of complying with
the notice.
(6) If a notice is given to a financial institution under subsection (1)
(payment made to wrong account) or under subsection (2) (death of
person in whose name the account was kept) in respect of an NDIS
amount or NDIS amounts, any amount recovered by the Agency
from the institution in respect of the debt reduces any debt owed to
the Agency by any other person in respect of the NDIS amount or
NDIS amounts.
Information relating to debts Division 3
Section 186
Division 3—Information relating to debts
186 Power to obtain information from a person who owes a debt to

the Agency
The CEO may require a person who owes a debt to the Agency
under this Act to do one or more of the following:
(a) give to the Agency information that is relevant to the
person’s financial situation;
(b) produce to the Agency a document that the CEO has
reasonable grounds to believe is in the person’s custody, or
under the person’s control, and is relevant to the person’s
financial situation;
(c) if the person’s address changes—inform the Agency of the
new address within 14 days after the change.
187 Power to obtain information about a person who owes a debt to

the Agency
If the CEO has reasonable grounds to believe that a person has
information, or has custody or control of a document:
(a) that would help the Agency locate another person (the
debtor) who owes a debt to the Agency under this Act; or
(b) that is relevant to the debtor’s financial situation;
the CEO may require the person to give the information, or
produce the document, to the Agency.

(1) A requirement under this Division must be made by written notice
document; and
Division 3 Information relating to debts
Section 189

(3) The period specified under paragraph (2)(c) must be a period of at
least 14 days beginning on the day on which the notice is given.
(4) The notice may require the person to give the information by
appearing before a specified officer to answer questions.
(5) If the notice requires the person to appear before an officer, the
notice must specify a time and place at which the person is to
appear. The time must be at least 14 days after the notice is given.
189 Offence—refusal or failure to comply with requirement

(1) A person must not refuse or fail to comply with a requirement
under this Division to give information or produce a document.
fine of up to 5 times the penalty stated above.
excuse.
subsection: see subsection 13.3(3) of the Criminal Code.
(3) It is a reasonable excuse for an individual to refuse or fail to give

information or produce a document on the ground that to do so
might tend to incriminate the individual or expose the individual to
a penalty.
Non-recovery of debts Division 4
Section 190
Division 4—Non-recovery of debts
190 CEO may write off debt

(1) Subject to subsection (2), the CEO may, on behalf of the Agency,
decide to write off a debt, for a stated period or otherwise.
(2) The CEO may decide to write off a debt under subsection (1) if,
and only if:
(a) the debt is irrecoverable at law; or
(b) the debtor has no capacity to repay the debt; or
(c) the debtor’s whereabouts are unknown after all reasonable
efforts have been made to locate the debtor; or
(d) it is not cost effective for the Agency to take action to
recover the debt.
(3) For the purposes of paragraph (2)(a), a debt is irrecoverable at law
if, and only if:
(a) the debt cannot be recovered by means of deductions, or legal
proceedings, because the relevant 6 year period mentioned in
section 183 has elapsed; or
(b) there is no proof of the debt capable of sustaining legal
proceedings for its recovery; or
(c) the debtor is discharged from bankruptcy and the debt was
incurred before the debtor became bankrupt and was not
incurred by fraud; or
(d) the debtor has died leaving no estate or insufficient funds in
the debtor’s estate to repay the debt.
(4) A decision made under subsection (1) takes effect:
(a) if no day is specified in the decision—on the day the decision
is made; or
(b) if a day is specified in the decision—on the day so specified
(whether that day is before, on or after the day the decision is
made).
(5) Nothing in this section prevents anything being done at any time to
recover a debt that has been written off under this section.
Division 4 Non-recovery of debts
Section 191
191 Power to waive Agency’s right to recover debt

(1) On behalf of the Agency, the CEO may waive the Agency’s right
to recover the whole or a part of a debt from a debtor only in the
circumstances described in section 192, 193, 194 or 195.
(2) A waiver takes effect:
(a) on the day specified in the waiver (whether that day is before,
on or after the day the decision to waive is made); or
(b) if the waiver does not specify when it takes effect—on the
day the decision to waive is made.
Note: If the CEO waives the Agency’s right to recover all or part of a debt,
this is a permanent bar to recovery of the debt or part of the debt and
the debt or part of the debt effectively ceases to exist.
192 Waiver of debt arising from error

The CEO must waive the right to recover the proportion of a debt
that is attributable solely to an administrative error made by the
Agency if the debtor received in good faith the payment or
payments that gave rise to that proportion of the debt and:
(a) the debt is not raised within 6 weeks from the first payment
that caused the debt; or
(b) if the debt arose because a person has complied with a
notification obligation—the debt is not raised within 6 weeks
from the end of the notification period;
whichever is the later.
Note: This section does not allow waiver of a part of a debt that was caused
partly by administrative error and partly by one or more other factors
(such as error by the debtor).
193 Waiver of small debt

The CEO must waive the right to recover a debt if:
(a) the debt is, or is likely to be, less than $200; and
(b) it is not cost effective for the Agency to take action to
recover the debt.
Non-recovery of debts Division 4
Section 194
194 Waiver in relation to settlements

(1) If the Agency has agreed to settle a civil action against a debtor for
recovery of a debt for less than the full amount of the debt, the
CEO must waive the right to recover the difference between the
debt and the amount that is the subject of the settlement.
(2) If the CEO has agreed to settle proceedings before the
Administrative Appeals Tribunal relating to recovery of a debt on
the basis that the debtor will pay less than the full amount of the
debt, the CEO must waive the right to recover the difference
between the debt and the amount that is the subject of the
settlement.
(3) If:
(a) the Agency has recovered at least 80% of the original value
of a debt from a debtor; and
(b) the Agency and the debtor agree that the recovery is in full
satisfaction for the whole of the debt; and
(c) the debtor cannot repay a greater proportion of the debt;
the CEO must waive the remaining 20% or less of the value of the
original debt.
(4) If the CEO and a debtor agree that the debtor’s debt will be fully
satisfied if the debtor pays the Agency an agreed amount that is
less than the amount of the debt outstanding at the time of the
agreement (the unpaid amount), the CEO must waive the right to
recover the difference between the unpaid amount and the agreed
amount.
(5) The CEO must not make an agreement described in subsection (4)
unless the CEO is satisfied that the agreed amount is at least the
present value of the unpaid amount if it is repaid in instalments of
amounts, and at times, determined by the CEO.
(6) For the purposes of subsection (5), the present value of the unpaid
amount is the amount worked out in accordance with the method
prescribed by the National Disability Insurance Scheme rules.
Division 4 Non-recovery of debts
Section 195
195 Waiver in special circumstances

The CEO may waive the right to recover a debt if:
(a) the debt did not arise in whole or part as a result of:
(i) a contravention of this Act, the regulations or the
(ii) a false or misleading statement or a misrepresentation;
and
(b) there are special circumstances (other than financial hardship
or the disability of the debtor) that the CEO is satisfied make
waiver appropriate; and
(c) the CEO is satisfied that waiver is more appropriate than
writing off the debt.
Section 196
Part 2—General matters
196 Method of notification by CEO

If this Act, the regulations or the National Disability Insurance
Scheme rules require or permit the CEO to notify a person, the
CEO may notify the person:
(a) by sending the notice by prepaid post addressed to the person
at his or her postal address last known to the CEO; or
(b) by giving the notice to the person personally; or
(c) in any other way the CEO considers appropriate.
197 CEO not required to make a decision

(1) If this Act, the regulations or the National Disability Insurance
Scheme rules require a request or application to be in a form
approved by the CEO, the CEO is not required to make a decision
on the request or application if it is not in that form.
(2) If this Act, the regulations or the National Disability Insurance
Scheme rules permit the CEO to require information or documents
for the purposes of, or for purposes relating to, making a decision
or doing a thing, the CEO is not required to make the decision or
do the thing until the information or documents are provided.
198 Protection of participant against liability for actions of persons

Nothing in this Part renders a participant guilty of an offence
against this Act in relation to any act or omission of a person who
does a thing because of section 74.
199 Protection against criminal liability

A person who does a thing because of section 74 is not subject to
any criminal liability under this Act in relation to:
(a) any act or omission of the participant concerned; or
(b) anything done, or omitted to be done, in good faith, because
of section 74.
Section 200
200 Evidentiary effect of CEO’s certificate

(1) For the purposes of paragraph 21B(1)(c) of the Crimes Act 1914, as
it applies in relation to an offence against Part 7.3 or 7.4 of the
Criminal Code relating to the Agency or this Act, a certificate
signed by the CEO is evidence of the matters specified in the
certificate.
(2) The certificate may specify:
(a) the person to whom, or in relation to whom, an NDIS amount
has been paid because of an act or omission for which the
person or another person has been convicted of an offence
against Part 7.3 or 7.4 of the Criminal Code relating to the
Agency or this Act; and
(b) the amount paid; and
(c) the act or omission.
Note: Parts 7.3 and 7.4 of the Criminal Code deal with certain fraudulent
conduct and false or misleading statements.
200A Legal assistance for review not funded

Nothing in this Act permits or requires the Agency to fund legal
assistance for prospective participants or participants in relation to
review of decisions made under this Act.
201 Delegation by the Minister

(1) The Minister may, in writing, delegate to the CEO his or her
powers under section 209.
(2) The Minister must not delegate to the CEO his or her powers under
section 209 unless each host jurisdiction has agreed to the
delegation.
(3) When exercising powers under a delegation, the CEO must comply
with any directions of the Minister.
Section 202
202 Delegation by the CEO

(1) The CEO may, in writing, delegate to an officer any or all of his or
her powers or functions under this Act, the regulations or the
National Disability Insurance Scheme rules.
(2) Despite subsection (1), the CEO may delegate the CEO’s powers
under Part 2 of Chapter 4 (privacy) only to an officer who is a
member of staff of the Agency under section 169.
(3) A person exercising powers or functions under a delegation under
this section must comply with any directions of the CEO.
203 Application of Act to unincorporated bodies

(1) This Act applies to an entity that is a registered provider of
supports, or an entity that wishes to apply for approval as a
registered provider of supports as if it were a person, but it applies
with the changes mentioned in subsections (3), (4) and (5).
(2) In addition, Division 2 of Part 1 of Chapter 4 applies to an entity as
if it were a person, but it applies with the changes mentioned in
subsections (3), (4) and (5).
(3) An obligation that would be imposed on the entity is imposed
instead on:
(a) if the entity is a partnership—each partner; or
(b) in any other case—each member of the committee of
management of the entity;
but may be discharged by any of the partners or any of those
members.
(4) A thing that the entity would be permitted to do may instead be
done by:
(a) if the entity is a partnership—any partner; or
(b) in any other case—any member of the committee of
management of the entity.
(5) An offence against this Act that would otherwise be committed by
the entity is taken instead to have been committed by:
(a) if the entity is a partnership—any partner:
Section 204
(i) who was knowingly concerned in, or party to, the act or
omission constituting the offence; or
(ii) who aided, abetted, counselled or procured that act or
omission; or
(b) in any other case—any member of the committee of
management of the entity:
(i) who was knowingly concerned in, or party to, the act or
omission constituting the offence; or
(ii) who aided, abetted, counselled or procured that act or
omission.
204 Time frames for decision making

(1) If this Act requires the CEO to make a decision or do a thing
within a specified period, the National Disability Insurance
Scheme rules may prescribe that the decision is to be made, or the
thing done, within a longer period that is not more than double the
length of the specified period.
(2) If this Act requires or provides for a person other than the CEO to
do a thing within a specified period, the National Disability
Insurance Scheme rules may prescribe that the thing is to be done
within a longer period.
Constitutional matters Part 3
Section 205
Part 3—Constitutional matters
205 Act binds Crown

(1) This Act binds the Crown in each of its capacities.
(2) However, this Act does not make the Crown liable to be prosecuted
for an offence.
206 Alternative constitutional basis

(1) Without limiting its effect apart from this subsection, this Act also
has the effect it would have if its operation were expressly
confined to:
(a) the provision of pharmaceutical, sickness or hospital benefits;
or
(b) the provision of medical services or dental services (without
any form of civil conscription).
confined to acts, matters or things occurring in, or in relation to, a
Territory or a place acquired by the Commonwealth for a public
purpose.
confined to acts, matters or things in relation to communication by
means of a postal, telegraphic, telephonic or other like service
(within the meaning of paragraph 51(v) of the Constitution).
confined to acts, matters or things in relation to census and
statistics (within the meaning of paragraph 51(xi) of the
Constitution).
confined to acts, matters or things in relation to:
Part 3 Constitutional matters
Section 207
(a) the Commonwealth; or

(b) an authority of the Commonwealth.
207 Concurrent operation of State laws

(1) It is the intention of the Parliament that this Act is not to apply to
the exclusion of a law of a State or Territory to the extent that that
law is capable of operating concurrently with this Act.
(2) The regulations may prescribe kinds of laws of States and
Territories as examples of laws to which subsection (1) applies.
Note: Before the regulations can be made, the Minister must be satisfied that
the Commonwealth and all the host jurisdictions agree: see
paragraph 210(2)(b).
Review of the Act Part 4
Section 208
Part 4—Review of the Act
208 Review of operation of Act

(1) The Minister must cause an independent review of the operation of
this Act to be undertaken commencing on the second anniversary
of the commencement of Chapter 3.
(2) The review is to be undertaken by a person or persons chosen by
the Minister with the agreement of the Ministerial Council.
(3) The terms of reference of the review must be agreed by the
Ministerial Council.
(4) The person or persons undertaking the review must give the
Minister a written report of the review within 6 months of the
commencement of the review.
(5) Upon receiving the report, the Minister must give a copy to the
Ministerial Council and ask the Ministerial Council to:
(a) make recommendations in response to the report; and
(b) obtain COAG’s response to the report within the period of 6
months after giving the copy of the report to the Ministerial
Council.
(6) The Minister must consider the report.
(7) The Minister must cause copies of the report to be tabled in each
House of the Parliament within 15 sitting days of that House after
receiving the report.
(8) The Minister must cause copies of COAG’s response to the report
to be tabled in each House of the Parliament within 6 months of
giving the copy of the report to the Ministerial Council.
(9) If the Minister fails to cause copies of the response to be tabled in
each House of the Parliament within the period referred to in
subsection (8), the Minister must cause an explanation of the
failure to be tabled in each House of the Parliament within 15
sitting days of that House after the end of that period.
Part 5 Legislative instruments
Section 209
Part 5—Legislative instruments
209 The National Disability Insurance Scheme rules

(1) The Minister may, by legislative instrument, make rules called the
National Disability Insurance Scheme rules prescribing matters:
(a) required or permitted by this Act to be prescribed by the
(b) necessary or convenient to be prescribed in order to carry out
or give effect to this Act.
(2) Despite section 14 of the Legislative Instruments Act 2003,
National Disability Insurance Scheme rules may make provision
for or in relation to a matter by applying, adopting or incorporating
any matter contained in an instrument or other writing as in force
or existing from time to time.
(2A) The National Disability Insurance Scheme rules may provide for
the CEO to issue a written assessment tool that the CEO is to use
for the purposes of assessing a person for the purposes of this Act
or the rules.
(3) When making National Disability Insurance Scheme rules, the
Minister must have regard to the need to ensure the financial
sustainability of the National Disability Insurance Scheme.
(4) The Minister must not make Category A National Disability
Insurance Scheme rules unless the Commonwealth and each host
jurisdiction have agreed to the making of the rules.
(5) The Minister must not make Category B National Disability
Insurance Scheme rules relating to:
(a) an area, law or program of a host jurisdiction; or
(b) the commencement of the facilitation of the preparation of
plans of participants who are identified (wholly or partly, and
directly or indirectly) by reference to a host jurisdiction;
unless the host jurisdiction has agreed to the making of the rules.
Legislative instruments Part 5
Section 209
(6) The Minister must not make Category C National Disability

Insurance Scheme rules unless the Commonwealth and a majority
of host jurisdictions have agreed to the making of the rules.
(7) The Minister must not make Category D National Disability
Insurance Scheme rules unless each host jurisdiction has been
consulted in relation to the making of the rules.
(8) The following table sets out the categories of National Disability
Insurance Scheme rules for the purposes of this section.
Categories of National Disability Insurance Scheme rules
Item Category of rules Description
1 Category A Rules made for the purposes of any of the following
National Disability provisions:
Insurance Scheme (a) section 17;
rules (b) paragraph 23(1)(c), except to the extent that the
rules are of a kind mentioned in subsection 23(3);
(ba) section 25;
(c) section 27;
(d) section 33;
(e) section 35;
(ea) section 44;
(eb) section 48;
(f) section 66;
(g) section 67;
(ga) section 70;
(gb) subparagraph 72(1)(c)(i);
(gc) section 73;
(h) section 74;
(i) section 75;
(j) section 76;
(k) section 80;
(l) section 88;
(m) section 93.
All other rules, except Category B National Disability
Insurance Scheme rules, Category C National
Disability Insurance Scheme rules and Category D
Part 5 Legislative instruments
Section 210
Categories of National Disability Insurance Scheme rules

Item Category of rules Description
National Disability Insurance Scheme rules
2 Category B Rules made for the purposes of any of the following
Insurance Scheme (a) paragraph 21(2)(b);
rules (b) section 22;
(c) subsection 23(3);
(ca) section 32;
(d) section 58.
3 Category C Rules made for the purposes of any of the following
Insurance Scheme (a) subsection 32A(4);
rules (b) section 45;
(c) section 204.
4 Category D Rules made for the purposes of any of the following
Insurance Scheme (a) section 40;
rules (d) section 46;
(f) section 106;
(g) section 107;
(h) section 182;
(i) section 194.
210 Regulations
(1) The Governor-General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
(2) Before the Governor-General makes regulations under
subsection (1), the Minister must:
(a) if the regulations are for the purposes of section 130, 150 or
162 (which relate to the remuneration and allowances of
Board members, members of the Advisory Council and the
Legislative instruments Part 5
Section 210
CEO)—consult the host jurisdictions about the making of the

regulations; or
(b) otherwise—be satisfied that the Commonwealth and each
host jurisdiction have agreed to the making of the
regulations.
Schedule 1 Transitional provisions for staff of the Agency
Clause 1
Schedule 1—Transitional provisions for staff

of the Agency
Note: See section 171A.
1 FaHCSIA agreement covers staff of the Agency

(1) The FaHCSIA agreement covers the Commonwealth, APS
employees (except SES employees), the Community and Public
Sector Union and the Media, Entertainment and Arts Alliance in
relation to the APS employees’ employment in the Statutory
Agency established by subsection 169(2).
Note: For APS employee and SES employee, see section 2B of the Acts
Interpretation Act 1901.
(2) The FaHCSIA agreement has effect under subclause (1) as if:
(a) it had been made by the CEO on behalf of the
Commonwealth; and
(b) references in the agreement to the Secretary were references
to the CEO; and
(c) references in the agreement to the Department or FaHCSIA
were references to the Statutory Agency established by
subsection 169(2).
(3) For the purposes of the Fair Work Act 2009, the FaHCSIA
agreement as it has effect under this clause is taken to be an
enterprise agreement separate from the FaHCSIA agreement as it
has effect apart from this clause.
(4) Guidelines and policies relating to employment conditions,
administrative process and other employment-related matters that
had effect for the purposes of the FaHCSIA agreement
immediately before the commencement of this clause also have
effect for the purposes of that agreement as it has effect under this
clause.
(5) Guidelines and policies have effect under subclause (4) as if:
(a) references in them to the Secretary were references to the
CEO; and
Transitional provisions for staff of the Agency Schedule 1
Clause 2
(b) references in them to the Department or FaHCSIA were

references to the Statutory Agency established by
subsection 169(2).
(6) Subclause (4) does not prevent the alteration or revocation of the
guidelines and policies, as they have effect under that subclause, by
the CEO or a delegate of the CEO.
End of coverage by FaHCSIA agreement

(7) The FaHCSIA agreement ceases to cover the Commonwealth, APS
employees, the Community and Public Sector Union and the
Media, Entertainment and Arts Alliance under subclause (1) on the
coming into operation of another enterprise agreement that:
(a) is made by the CEO on behalf of the Commonwealth; and
(b) covers the Commonwealth and the APS employees (or the
APS employees except SES employees) employed in the
Statutory Agency established by subsection 169(2).
(8) Subclause (7) has effect subject to section 58 of the Fair Work Act
2009.
2 Instruments about transitional staffing matters

The Minister may, by legislative instrument, provide for matters of
a transitional nature in relation to the staff of the Agency.
[Minister’s second reading speech made in—
House of Representatives on 29 November 2012
Senate on 18 March 2013]
(230/12)

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National Disability Insurance Scheme

No. 20, 2013

An Act to establish the National Disability

Note: An electronic version of this Act is available in ComLaw (http://www.comlaw.gov.au/)

Part 2—Objects and principles 4

Part 3—Simplified outline 10

Part 5—Ministerial Council 20

Chapter 2—Assistance for people with disability and

Chapter 3—Participants and their plans 23

i National Disability Insurance Scheme Act 2013 No. 20, 2013

Part 2—Participants’ plans 34

National Disability Insurance Scheme Act 2013 No. 20, 2013 ii

Part 1—General matters 51

Part 3—Registered providers of supports 62

National Disability Insurance Scheme Act 2013 No. 20, 2013 iv

Part 6—Review of decisions 84

Chapter 5—Compensation payments 88

Part 1—Requirement to take action to obtain compensation 88

Part 2—Agency may recover compensation fixed after NDIS

Part 3—Recovery from compensation payers and insurers 95

v National Disability Insurance Scheme Act 2013 No. 20, 2013

Part 4—CEO may disregard certain payments 101

Chapter 6—National Disability Insurance Scheme

Part 1—National Disability Insurance Scheme Launch

Part 2—Board of the Agency 106

National Disability Insurance Scheme Act 2013 No. 20, 2013 vi

Part 3—Independent Advisory Council 117

Part 4—Chief Executive Officer and staff etc. 127

Part 5—Reporting and planning 132

Part 6—Finance 138

Part 6A—Actuarial assessment of financial sustainability 140

Part 7—Miscellaneous 144

Part 1—Debt recovery 145

Part 2—General matters 155

Part 3—Constitutional matters 159

ix National Disability Insurance Scheme Act 2013 No. 20, 2013

Part 5—Legislative instruments 162

Schedule 1—Transitional provisions for staff of the

National Disability Insurance Scheme Act 2013 No. 20, 2013 x

No. 20, 2013

An Act to establish the National Disability

The Parliament of Australia enacts:

National Disability Insurance Scheme Act 2013 No. 20, 2013 1

2 National Disability Insurance Scheme Act 2013 No. 20, 2013

National Disability Insurance Scheme Act 2013 No. 20, 2013 3

Part 2—Objects and principles

4 National Disability Insurance Scheme Act 2013 No. 20, 2013

(ii) the International Covenant on Economic, Social and

(2) These objects are to be achieved by:

National Disability Insurance Scheme Act 2013 No. 20, 2013 5

4 General principles guiding actions under this Act

6 National Disability Insurance Scheme Act 2013 No. 20, 2013

(a) support people with disability to pursue their goals and

National Disability Insurance Scheme Act 2013 No. 20, 2013 7

(b) the need to ensure the financial sustainability of the National

5 General principles guiding actions of people who may do acts or

6 Agency may provide support and assistance

8 National Disability Insurance Scheme Act 2013 No. 20, 2013

participants and participants in relation to doing things or meeting

7 Provision of notice, approved form or information under this Act

National Disability Insurance Scheme Act 2013 No. 20, 2013 9

Part 3—Simplified outline