National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Act 2024 (81 of 2024)
Schedule 1 Main amendments
Part 1 Amendment of the National Disability Insurance Scheme Act 2013
National Disability Insurance Scheme Act 2013
31 At the end of Part 1 of Chapter 3
Add:
30A Requirement to consider status of certain participants
Circumstances in which CEO must consider participant's status
(1) If a circumstance prescribed by the National Disability Insurance Scheme rules for the purposes of this subsection applies in relation to a participant, the CEO must:
(a) decide whether or not the participant meets the early intervention requirements; and
(b) if the CEO decides under paragraph (a) that the participant does not meet the early intervention requirements - decide whether or not the participant meets the disability requirements; and
(c) if the CEO decides under paragraph (b) that the participant does not meet the disability requirements - revoke the participant's status as a participant in the National Disability Insurance Scheme.
(2) The National Disability Insurance Scheme rules may prescribe requirements with which the CEO must comply, criteria that the CEO is to apply, or matters to which the CEO may, must or must not have regard, in making a decision under subsection (1).
(3) Any such rules apply in addition to, and not instead of, National Disability Insurance Scheme rules prescribed for the purposes of subsection 27(1).
Requesting information and reports
(4) The CEO may make one or more requests under subsection (5) for the purposes of making a decision under subsection (1).
(5) The requests the CEO may make under this subsection are as follows:
(a) that the participant, or another person, provide information that is reasonably necessary for making the decision;
(b) subject to subsection (5A), that the participant do either or both of the following:
(i) undergo an assessment and provide to the CEO the report, in the approved form, of the person who conducts the assessment;
(ii) undergo, whether or not at a particular place, a medical, psychiatric, psychological or other examination, conducted by an appropriately qualified person, and provide to the CEO the report, in the approved form, of the person who conducts the examination.
(5AA) A request under subsection (5) must be made in writing.
Note: A request may be rescinded or varied under subsection 33(3) of the Acts Interpretation Act 1901.
(5A) The CEO must not request that the participant undergo an assessment under subparagraph (5)(b)(i) or an examination under subparagraph (5)(b)(ii) unless the CEO is satisfied that the report of the assessment or examination would provide information that the CEO cannot otherwise reasonably obtain.
(6) If:
(a) information or one or more reports are requested under subsection (5); and
(b) the information and each such report are received by the CEO within 90 days, or such longer period as is specified in the request, after that information or report is requested;
the CEO must, within 14 days after the last information or report is received:
(c) make the decision under subsection (1); or
(d) make a further request under subsection (5).
(7) If:
(a) information or one or more reports are requested under subsection (5); and
(b) the information and each such report are not received by the CEO within 90 days, or such longer period as is specified in the request, after that information or report is requested;
the CEO must revoke the participant's status as a participant in the National Disability Insurance Scheme, unless the CEO is satisfied that it was reasonable for the participant, or the other person mentioned in paragraph (5)(a), not to have complied with the request made by the CEO within that period.
(7A) In deciding for the purposes of subsection (7) whether or not it was reasonable for a participant or other person not to have complied with a request within a particular period, the CEO must have regard to the following matters:
(a) the length of that period;
(b) any previous failures by the participant to comply with a request for information made under this Act;
(c) any previous failures by the other person to comply with a request for information made under this Act in relation to the participant;
(d) the length of time since the CEO was last provided with information relevant to the making of the decision under subsection (1);
(e) whether the failure to comply with the request was beyond the control of the participant or other person because of a delay in the provision of information to the participant or other person;
(f) any matters prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph;
(g) any other matters the CEO considers relevant.
Notice of decisions
(8) The CEO must give a participant written notice of the following:
(a) a decision of the CEO that the circumstance mentioned in subsection (1) applies in relation to the participant;
(b) a decision under paragraph (1)(a) or (b) in relation to the participant;
(c) a decision under paragraph (1)(c) or subsection (7) to revoke the participant's status as a participant in the National Disability Insurance Scheme.
(9) The notice must state:
(a) any details prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph; and
(b) if paragraph (8)(c) applies - the date on which the revocation takes effect.