National Disability Insurance Scheme rules

(1) The Minister may, by legislative instrument, make rules called the National Disability Insurance Scheme rules prescribing matters:

(a) required or permitted by this Act to be prescribed by the National Disability Insurance Scheme rules; or

(b) necessary or convenient to be prescribed in order to carry out or give effect to this Act.

(2) Despite section 14 of the Legislation Act 2003, National Disability Insurance Scheme rules may make provision for or in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.

(2A) The National Disability Insurance Scheme rules may provide for:

(a) the CEO to specify assessment tools; and

(b) the circumstances in which the CEO is to use the tools.

(3) When making National Disability Insurance Scheme rules, the Minister must have regard to the need to ensure the financial sustainability of the National Disability Insurance Scheme.

(4) The Minister must not make Category A National Disability Insurance Scheme rules unless the Commonwealth and each host jurisdiction have agreed to the making of the rules.

(5) The Minister must not make Category B National Disability Insurance Scheme rules relating to:

(a) an area, law or program of a host jurisdiction; or

(b) the commencement of the facilitation of the preparation of plans of participants who are identified (wholly or partly, and directly or indirectly) by reference to a host jurisdiction;

unless the host jurisdiction has agreed to the making of the rules.

(6) The Minister must not make Category C National Disability Insurance Scheme rules unless the Commonwealth and a majority of host jurisdictions have agreed to the making of the rules.

(7) The Minister must not make Category D National Disability Insurance Scheme rules unless each host jurisdiction has been consulted in relation to the making of the rules.

This page current as of
27 November 2018