National Disability Insurance Scheme (Becoming a Participant) Amendment Rules 2018 (Cth)

National Disability Insurance Scheme (Becoming a Participant) Amendment Rules 2018

National Disability Insurance Scheme Act 2013

I, Dan Tehan, Minister for Social Services, make this Instrument for the purposes of sections 22, 23 and 209 of the National Disability Insurance Scheme Act 2013.

Dated: 20 February 2018

Dan Tehan

Minister for Social Services

_____________________________________________________________________________________________

1Name of Instrument

This Instrument is the National Disability Insurance Scheme (Becoming a Participant) Amendment Rules 2018.

2Commencement

This Instrument commences on the day after it is registered.

3Amendment of National Disability Insurance Scheme (Becoming a Participant) Rules 2016

Schedule 1 amends the National Disability Insurance Scheme (Becoming a Participant) Rules 2016.

Schedule 1Amendments

Item 1Paragraph 1.1

Omit the paragraph, substitute:

1.1 The NDIS is being implemented nationally, to enable persons seeking to become participants to be transitioned into the scheme, in accordance with the additional access requirements set out in in this Instrument.

Item 2Paragraph 1.2

Omit the paragraph, substitute:

1.2 This Instrument provides rules about becoming a participant in the NDIS, which is part of the process towards developing a personal goal-based plan, which may provide for supports for participants in the NDIS.

Item 3 Paragraph 1.3

Omit:

these Rules

Substitute:

this Instrument

Item 4Paragraph 2.2

Omit:

These Rules assist

Substitute:

This Instrument assists

Item 5 Paragraph 2.7

Omit:

these Rules

Substitute:

this Instrument

Item 6 Paragraph 3.2

Omit:

these Rules

Substitute:

this Instrument

Item 7Paragraph 4.1 (c)

Omit:

see paragraphs 4.3 to 4.12

Substitute:

see paragraphs 4.3 to 4.6

Item 8 Paragraph 4.3

Omit:

in a place other than Western Australia

Item 9Paragraph 4.6

Omit the paragraph, substitute:

4.6 A person meets the additional residence requirements if, on or after 1 December 2017, they are an Existing WA NDIS Participant.

Note:Existing WA NDIS Participantis defined in paragraph 8.4 of this Instrument.

Item 10After paragraph 4.6

Omit paragraphs 4.7 – 4.12.

Item 11Paragraph 8.1

Omit:

These Rules

Substitute:

This Instrument

Item 12Paragraph 8.2

Omit the paragraph, substitute:

8.2 This Instrument includes text that summarises provisions of the Act. The boxed notes identify such text, which does not form an operative part of this Instrument.

Item 13Paragraph 8.3

Omit the paragraph, substitute:

8.3 Terms and expressions that are used in the Act have the same meaning in this Instrument unless this Instrument displays a contrary intention—see the Acts Interpretation Act 1901 and the Legislation Act 2003, which include definitions and rules of interpretation that apply to all Commonwealth legislation. For convenience, the more important definitions from the Act are identified or reproduced in paragraph 8.4.

Item 14Paragraph 8.4

Omit, wherever occurring in this paragraph:

these Rules

Substitute:

this Instrument

Item 15Paragraph 8.4 after definition of child

Insert:

Existing WA NDIS Participant means a person who:

1. (a)

   is a participant of the WA NDIS Model (whether or not that participant already has a plan prepared in accordance with the Disability Services Commission’s requirements); and

2. (b)

   resides, or resided at any time on or after 1 July 2014, in the area of Western Australia that comprises any of the following:

   1. (i)

      Kimberley-Pilbara service region;

   2. (ii)

      South Metro service region;

   3. (iii)

      Augusta-Margaret River, Boyup Brook, Bridgetown-Greenbushes, Busselton, Donnybrook-Balingup, Manjimup, and Nannup districts of the South West service region;

   4. (iv)

      Central South Metro service region;

   5. (v)

      Wheatbelt service region; or

   6. (vi)

      North East Metro service region.

Note: The Disability Services Commission is established under the Disability Services Act 1993 (WA) and in the context of the WA NDIS Model, a ‘participant’ is a participant under that Act.

Instrument (or Rules) means these National Disability Insurance Scheme (Becoming a Participant) Rules 2016.

Item 16Paragraph 8.4 after the definition of service systems

Insert:

Victorian Government means the State of Victoria.

WA NDIS Model means the disability supports and services model designed to mirror the NDIS, funded or administered by the Department of Communities representing the State of Western Australia.

Item 17Schedule A after the table listed under Northern Territory

Insert:

Western Australia

For persons who reside in Western Australia, additional residence requirements apply as set out below. The service regions and territories referred to in column 1 below are NDIS areas and are comprised of the districts and shires set out in Schedule B.

The effect of this table is that persons who reside in the areas specified in column 1 will meet the additional residence requirements from the dates specified in column 2.

A person meets the additional residence requirements if they …	at the following time (the day mentioned is the ‘relevant date’ for the area in column 1)…	The additional age requirements for the person are…
Reside in the Perth Hills NDIA trial area, namely: (i) The Kalamunda, Mundaring and Swan districts in the North East Metro service region. Note: Persons who meet the above residence requirement are “Class 1” participants for the purposes of the National Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans – Western Australia) Rules 2017.	On or after 1 July 2014	no additional age requirements
Reside in the 2017 expanded NDIA trial area, namely: (i) The Bassendean and Bayswater districts in the North East Metro service region; (ii) Chittering, Northam, Toodyay and York districts in the Wheatbelt service region. Note: Persons who meet the above residence requirement are “Class 1” participants for the purposes of the National Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans – Western Australia) Rules 2014.	On or after 1 January 2017	no additional age requirements
Reside in: (i) Kimberley-Pilbara service region; (ii) South Metro service region; (iii) Augusta-Margaret River, Boyup Brook, Bridgetown-Greenbushes, Busselton, Donnybrook-Balingup, Manjimup, and Nannup districts of the South West service region; (iv) Central South Metro service region; (v) All other districts of the Wheatbelt service region except the Chittering, Northam, Toodyay, and York districts.	on or after 1 January 2018	no additional age requirements
Reside in: (i) Goldfields-Esperance service region; (ii) North Metro service region; (iii) All other districts of the South West service region except Augusta- Margaret River, Boyup Brook, Bridgetown-Greenbushes, Busselton, Donnybrook-Balingup, Manjimup, and Nannup districts.	on or after 1 April 2018	no additional age requirements
Reside in: (i) Midwest-Gascoyne service region; (ii) Great Southern service region; (iii) Central North Metro service region; (iv) South East Metro service region.	on or after 1 January 2019	no additional age requirements
Reside in: (i) Christmas Island territory; (ii) Cocos (Keeling) Islands territory.	on or after 1 January 2020	no additional age requirements

Note: Existing WA NDIS Participants (including those aged 65 and over) may meet the NDIS access criteria if they meet the criteria prescribed in the National Disability Insurance Scheme (Prescribed Program – Western Australia) Rules 2017.

Item 18Schedule B after the table listed under “NDIS Areas - Northern Territory”

Insert:

NDIS Areas – Western Australia

Service region

Service regions are comprised of the following districts, as constituted under the Local Government Act 1995 (WA) as at 1 December 2017

Central North Metro

Cambridge

Claremont

Cottesloe

Mosman Park

Nedlands

Peppermint Grove

Perth

Stirling

Subiaco

Vincent

Central South Metro

Cockburn

East Fremantle

Fremantle

Kwinana

Melville

South Perth

North Metro

Joondalup

Wanneroo

North East Metro

Bassendean

Bayswater

Kalamunda

Mundaring

Swan

South East Metro

Belmont

Canning

Gosnells

Victoria Park

South Metro

Armadale

Mandurah

Murray

Rockingham

Serpentine-Jarrahdale

Kimberley-Pilbara

Ashburton

Broome

Derby – West Kimberley

East Pilbara

Halls Creek

Karratha

Port Hedland

Wyndham – East Kimberley

Midwest - Gascoyne

Carnamah

Carnarvon

Chapman Valley

Coorow

Cue

Exmouth

Greater Geraldton

Irwin

Meekatharra

Mingenew

Morawa

Mount Magnet

Mullewa

Murchison

Northampton

Perenjori

Sandstone

Shark Bay

Three Springs

Upper Gascoyne

Wiluna

Yalgoo

Wheatbelt

Beverley

Boddington

Brookton

Bruce Rock

Chittering

Corrigin

Cuballing

Cunderdin

Dalwallinu

Dandaragan

Dowerin

Dumbleyung

Gingin

Goomalling

Kellerberrin

Kulin

Kondinin Koorda

Lake Grace

Merredin

Moora

Mount Marshall

Mukinbudin

Narembeen

Narrogin

Northam

Nungarin

Pingelly

Quairading

Tammin

Toodyay

Trayning

Victoria Plains

Wagin

Wandering

West Arthur

Westonia

Wickepin

Williams

Wongan-Ballidu

Wyalkatchem

Yilgarn

York

South West

Augusta-Margaret River

Boyup Brook

Bridgetown-Greenbushes

Bunbury

Busselton

Capel

Collie

Dardanup

Donnybrook-Balingup

Harvey

Manjimup

Nannup

Waroona

Great Southern

Albany

Broomehill-Tambellup

Cranbrook

Denmark

Gnowangerup

Jerramungup

Katanning

Kent

Kojonup

Plantagenet

Woodanilling

Goldfields-Esperance

Coolgardie

Dundas

Esperance

Kalgoorlie-Boulder

Laverton

Leonora

Menzies

Ngaanyatjarraku

Ravensthorpe

Territory	Territories are comprised of the following shires as at 1 December 2017
Christmas Island	Shire of Christmas Island
Cocos (Keeling) Islands	Shire of Cocos (Keeling) Island