National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Act 2024 (81 of 2024)

5   New NDIS rules and legislative instruments

 

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

(a) seeking the agreement of the States and Territories to make the following:

(i) new category A rules;

(ii) new category C rules; and

(b) undertaking consultation with the States and Territories on the following:

(i) new category D rules;

(ii) new legislative instruments;

(iii) transitional rules; and

(c) undertaking consultation with the disability community on the following:

(i) new category A rules;

(ii) new category C rules;

(iii) new category D rules;

(iv) new legislative instruments;

(v) transitional rules.

      

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

      

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

      

(4) In this section:

new category A rules means rules proposed to be made under section 209 of the National Disability Insurance Scheme Act 2013 for the purposes of any of the following provisions of that Act (as in force immediately after the commencement of this Act):

(a) subsections 10(1) and (4);

(b) section 27;

(c) subsection 29(3);

(d) paragraph 30(6A)(f);

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

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

(g) subsection 32E(4);

(h) paragraph 32F(7)(c);

(i) subsection 32G(4);

(j) paragraph 32H(2)(d);

(k) section 32J;

(l) subsection 32L(7A);

(m) paragraph 36(3A)(f);

(n) subsection 41(3);

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

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

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

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

new category C rules means rules proposed to be made under section 209 of the National Disability Insurance Scheme Act 2013 for the purposes of either of the following provisions of that Act (as in force immediately after the commencement of this Act):

(a) paragraph 32(4)(b);

(b) paragraph 32D(4)(a).

new category D rules means rules proposed to be made under section 209 of the National Disability Insurance Scheme Act 2013 for the purposes of any of the following provisions of that Act (as in force immediately after the commencement of this Act):

(a) subsection 32B(3);

(b) paragraph 45(5)(e);

(c) subsections 73U(4A) and (9A).

new legislative instruments means a legislative instrument proposed to be made under any of the following provisions of the National Disability Insurance Scheme Act 2013 (as in force immediately after the commencement of this Act):

(a) subsection 32B(1);

(b) subsection 32C(2);

(c) subsection 32K(2);

(d) subsection 32L(8);

(e) subsection 33(2E).

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