1. What is the purpose of this operational guideline?
This Operational Guideline is intended to be used in conjunction with the Operational Guideline on Planning and provides additional guidance in relation to the preparation and review of a participant’s plan when specific types of supports are under consideration.
In particular, this Operational Guideline provides additional guidance in relation to making a decision to approve a statement of participant supports which includes one or more of these specific types of supports.
2. What is the relevant legislation?
- Sections 3, 4, 5, 6, 9, 17A, 31 – 50, 51, 74, 99, 100 and 209(2A) of the National Disability Insurance Scheme Act 2013 (NDIS Act); and
- National Disability Insurance Scheme (Supports for Participants) Rules 2013 (Supports for Participants Rules).
Once a person becomes a participant in the National Disability Insurance Scheme (NDIS), they develop a personal goal-based plan with the National Disability Insurance Agency (NDIA).
The statement of participant supports specifies, amongst other matters, the general supports (if any) that will be provided, and the reasonable and necessary supports (if any) that will be funded under the NDIS (section 33(2)).
When deciding to include any support in a participant’s plan, the NDIA must have regard to a range of matters set out in the NDIS Act, including the participant’s statement of goals and aspirations.
Specifically, before including any support in a participant’s plan, the NDIA must:
- be satisfied that each support meets each of the criteria outlined in section 34(1)(a)-(f) of the NDIS Act and the Supports for Participants Rules (see deciding to include supports in a participant’s plan);
- have regard to the specific principles relating to plans;
- have regard to the other considerations which may apply when including supports in a participant’s plan; and
- depending on the specific type of support being considered, refer to the additional guidance available for specific support types outlined in this operational guideline which relate to: