Compensation

  1. What is the purpose of this operational guideline?
  2. What is the relevant legislation?
  3. Overview
  4. Principles relating to compensation
  5. Road map for compensation operational guideline
  6. What is compensation?
    1. Definition of compensation
    2. Forms of compensation awards
    3. Amounts paid from a personal insurance policy
    4. NDIS component
  7. Obtaining information and giving advice
    1. NDIA may give advice to a person who has suffered an injury
    2. NDIA has power to obtain information
    3. Obtaining the required information
  8. NDIA may require a participant or prospective participant to take action to claim compensation
    1. When can the NDIA require a person to take action to obtain compensation
    2. What are the consequences if a person does not comply with a notice?
  9. NDIA may recover amount where a participant has received compensation in respect of a personal injury
    1. Amount payable to NDIA where participant receives compensation from a judgement (other than a consent judgement)
    2. Amount payable to NDIA where participant receives compensation from a consent judgement or settlement
  10. NDIA may recover compensation directly from defendant or insurer
    1. The NDIA may issue a preliminary notice
    2. The NDIA may issue a recovery notice
    3. The effect of a preliminary notice and recovery notice
  11. Revise the plan and reduce the supports – agreement to give up compensation
    1. Interaction with powers set out elsewhere in this Operational Guideline
    2. When a plan is revised and supports reduced because of an agreement to give up compensation
    3. Calculating the compensation reduction amount
    4. Where a person receives a compensation payment and agrees to give up compensation
  12. Revise the plan and reduce the supports – compensation received under an insurance scheme or a commonwealth, state or territory scheme
    1. Interaction with powers set out elsewhere in this Operational Guideline
    2. When a plan is revised and supports reduced because the participant receives compensation under an insurance or statutory scheme
    3. Calculating the compensation reduction amount
    4. Where a person receives a compensation payment awarded by a court and another payment as part of a statutory scheme
  13. Revise the plan and reduce the supports – compensation received from a judgement or settlement
    1. Where the NDIS component is fixed by the judgement or settlement or can be objectively identified
    2. Calculating the compensation reduction amount where NDIS component is fixed by the judgement or settlement or can be objectively identified
    3. Where the NDIS component is not fixed by the judgement or settlement or cannot be objectively identified
    4. Calculating the compensation reduction amount where the NDIS component is not fixed by the judgement or settlement or cannot be objectively identified
    5. Where a person receives a compensation payment awarded by a court and another payment as part of a settlement