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

122C   After section 209

Insert:

209A Process for seeking agreement to Category A rules - normal process

(1) In seeking the agreement of a host jurisdiction for the purposes of section 209 to the making of Category A National Disability Insurance Scheme rules, the Minister must (subject to subsection 209B(2)):

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

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

(2) The Disability Minister for a host jurisdiction may, before the end of the 14-day period, give the Minister and each other Disability Minister for a host jurisdiction:

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

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

(3) A notice under paragraph (2)(b) must set out reasons why the host jurisdiction does not agree to the making of the rules.

(4) Those reasons must be given having regard to the objects of this Act and the principles in section 4.

(5) A notice under paragraph (2)(b) is taken:

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

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

(6) If the Disability Minister for a host jurisdiction does not, before the end of the 14-day period, inform the Minister whether the host jurisdiction agrees to the making of the rules, then the host jurisdiction is taken to have agreed to the making of the rules.

(7) If the Disability Minister for a host jurisdiction gives the Minister a notice under paragraph (2)(b) before the end of the 14-day period, the Minister may before the end of 7 days after the end of that period either:

(a) do both of the following:

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

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

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

(8) If the Minister gives notice, and provides a copy, of rules under paragraph (7)(a), then subsections (2) to (7) apply in relation to those rules as if:

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

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

209B Process for seeking agreement to certain Category A rules where no substantial financial or policy implications

(1) This section applies if the Minister:

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

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

(2) The Minister may, instead of complying with subsection 209A(1):

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

(i) is proposing to make the rules; and

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

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

(3) The Disability Minister for a host jurisdiction may, before the end of 7 days after the day the notice is given, give the Minister and each other Disability Minister for a host jurisdiction a notice in writing that that host jurisdiction does not agree to the making of the rules.

(4) A notice under subsection (3) must set out reasons why the host jurisdiction does not agree to the making of the rules.

(5) Those reasons must be given having regard to:

(a) the objects of this Act and the principles in section 4; and

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

(6) A notice under subsection (3) is taken:

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

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

(7) If no Disability Minister for a host jurisdiction gives a notice under subsection (3) in relation to the rules, then each host jurisdiction is taken to have agreed to the making of the rules.

(8) If the Disability Minister for a host jurisdiction gives the Minister a notice under subsection (3) before the end of the 7-day period, the Minister may before the end of 7 days after the end of that period either:

(a) do both of the following:

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

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

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

(9) If the Minister gives notice, and provides a copy, of rules under paragraph (8)(a), then subsections (3) to (8) apply in relation to those rules as if notice of those rules had been given under paragraph (2)(a) and a copy of those rules had been provided under paragraph (2)(b).

209C Dispute resolution process for Category A rules

(1) This section sets out a dispute resolution process for the making of Category A National Disability Insurance Scheme rules.

(2) The Prime Minister may, within 14 days after the day on which the Prime Minister is given a notice under paragraph 209A(7)(b) or 209B(8)(b) in relation to proposed Category A National Disability Insurance Scheme rules:

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

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

(3) The First Minister for a host jurisdiction may, before the end of the 14-day period, give the Prime Minister and each other First Minister for a host jurisdiction:

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

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

(4) A notice under paragraph (3)(b) must set out reasons why the host jurisdiction does not agree to the making of the rules.

(5) Those reasons must be given having regard to:

(a) the objects of this Act and the principles in section 4; and

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

(6) A notice under paragraph (3)(b) is taken:

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

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

(7) If the First Minister for a host jurisdiction does not, before the end of the 14-day period, give the Prime Minister a notice under paragraph (3)(a) or (b), then the First Minister is taken for the purposes of subsections (8) and (9) to have given the Prime Minister a notice under paragraph (3)(a) that the host jurisdiction agrees to the making of the rules.

(8) Each host jurisdiction is taken to have agreed to the making of the rules if a majority of the First Ministers of the host jurisdictions give the Prime Minister a notice under paragraph (3)(a) in relation to the rules before the end of the 14-day period.

(9) If a majority of the First Ministers of the host jurisdictions do not give the Prime Minister notices under paragraph (3)(a) in relation to the rules before the end of the 14-day period, the Prime Minister may, before the end of 7 days after the end of the 14-day period:

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

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

(10) If the Prime Minister gives notice, and provides a copy, of rules under paragraphs (9)(a) and (b), then subsections (3) to (9) apply in relation to those rules as if:

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

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

209D Process for seeking agreement to Category B rules and Category C rules

(1) In seeking the agreement of a host jurisdiction for the purposes of section 209 to the making of Category B National Disability Insurance Scheme rules or Category C National Disability Insurance Scheme rules, the Minister must:

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

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

(2) If, immediately before the end of that 28-day period:

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

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

then, at the end of that period, that host jurisdiction is taken to have agreed to the making of the rules.

(3) If, before the end of that 28-day period, a host jurisdiction Minister for a host jurisdiction gives a notice in writing to the Minister requesting a longer period within which that host jurisdiction may agree to the making of the rules:

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

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