1. What is the purpose of this operational guideline?
This Operational Guideline provides an overview of the National Disability Insurance Scheme (NDIS), including the legal and policy framework it operates within and the variety of different ways it provides support and assistance to people with disability.
In addition, this Operational Guideline outlines the objects and general principles of the National Disability Insurance Scheme Act 2013 and provides a summary of the information which is available in the remainder of the NDIS' Operational Guidelines.
2. What is the relevant legislation?
- National Disability Insurance Scheme Act 2013 (External website) (NDIS Act); and
- National Disability Insurance Scheme Rules (External website).
3. NDIS Operational Guidelines
3.1 What are the NDIS operational guidelines?
The Operational Guidelines assist the National Disability Insurance Agency (NDIA) to make decisions under the National Disability Insurance Scheme (NDIS) legislative framework.
All decisions made by the NDIA are made under the NDIS Act.
The Operational Guidelines provide detail and guidance to decision makers on how to apply the law in the context of the NDIS, and helps the NDIA to interpret its functions and powers when making decisions or recommendations affecting members of the public.
The Operational Guidelines also help people understand how the NDIA applies relevant laws in the daily operations of the NDIS.
3.2 What do the NDIS operational guidelines cover?
The Operational Guidelines are divided into ten parts, by subject area:
|Operational Guideline||What does it cover?|
|Access to the NDIS||How a person can become, and may stop being, a participant in the NDIS.|
|Planning||The process for developing a participant's plan and how the NDIA makes decisions on what reasonable and necessary supports are included in a participant's plan.|
|Including Specific Types of Supports in Plans||Additional guidance which relates to including specific support types in participant plans.|
|Specialist Disability Accommodation (SDA)||Additional guidance in relation to the preparation and review of a participant’s plan when SDA is under consideration.|
|Child Representatives||How the NDIS determines who will be responsible for making decisions on behalf of a child who is an NDIS participant.|
|Nominees||When and how the NDIA may appoint and remove nominees for participants who are adults.|
|Registered Providers||Registration and revocation processes for registered providers of supports.|
|Compensation||How a participant's receipt of, or entitlement to, compensation affects the supports in their plan.|
|Information Handling||How the NDIA handles protected and personal information.|
|Review of Decisions||The processes by which a person directly affected by a decision of the NDIA can request that the decision be reviewed.|