Social Services and Other Legislation Amendment Act 2014 (14 of 2014)

Schedule 12   Other amendments

Part 3   Protection of amounts under National Disability Insurance Scheme

National Disability Insurance Scheme Act 2013

27   At the end of Division 3 of Part 2 of Chapter 3

Add:

46A Protection of NDIS amounts

(1) An NDIS amount is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.

(2) This section is subject to Part 1 of Chapter 7.

46B Garnishee orders

General rule

(1) A court must not make an order in the nature of a garnishee order in respect of an account with a financial institution if:

(a) one or more NDIS amounts for a particular participant have been paid to the credit of the account; and

(b) the account has been kept solely for the purpose of managing the funding for supports under the participant's plan.

Exception

(2) However, a court may make an order in the nature of a garnishee order in respect of the account if:

(a) the order is made in favour of a person in relation to a debt that arose because of the person providing goods or services in relation to the participant; and

(b) the goods or services are reasonable and necessary supports specified in the participant's plan.