National Disability Insurance Scheme (Facilitating the Preparation of Participants' Plans—New South Wales) Amendment Rules 2015 (Cth)

National Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans—New South Wales) Amendment Rules 2015

National Disability Insurance Scheme Act 2013

I, MITCH FIFIELD, Assistant Minister for Social Services, make these Rules for the purposes of sections 32 and 32A (other than subsection 32A(4)) of the National Disability Insurance Scheme Act 2013 (the Act).

Dated: 29 June 2015

Mitch Fifield

Assistant Minister for Social Services

_____________________________________________________________________________________________

1Name of Rules

These Rules are the National Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans—New South Wales) Amendment Rules 2015.

2Commencement

These Rules commence on 1 July 2015.

3Amendment of National Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans—New South Wales) Rules 2013

Schedule 1 amends the National Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans—New South Wales) Rules 2013.

Schedule 1Amendments

Item 1Paragraph 1.3

Omit:

“In New South Wales, the NDIS launch will initially be restricted to particular launch areas, being Newcastle City, Lake Macquarie City and Maitland City: see the National Disability Insurance Scheme (Becoming a Participant) Rules 2013. This is because one of the access criteria for participants or prospective participants in New South Wales is that they reside in one of those areas.”

Substitute:

“In New South Wales, the NDIS launch will initially be restricted to particular launch areas, being Newcastle City, Lake Macquarie City and Maitland City and, from 1 July 2015, the City of Blue Mountains, City of Hawkesbury, City of Lithgow and City of Penrith: see the National Disability Insurance Scheme (Becoming a Participant) Rules 2013. This is because one of the access criteria for participants or prospective participants in New South Wales is that they reside in one of those areas.”

Item 2Paragraph 1.5

Omit:

“The phasing process is based on an agreement that has been reached between the Government of the Commonwealth and the Government of New South Wales (the Intergovernmental Agreement for the National Disability Insurance Scheme (NDIS) Launch, Schedule A—Bilateral Agreement for NDIS Launch between the Commonwealth and New South Wales) and is intended to give effect to that agreement.”

Substitute:

“The phasing schedule is intended to give effect to agreements that have been reached between the Government of the Commonwealth and the Government of New South Wales.”

Item 3Paragraph 2.2

Omit:

“The table in paragraph 2.7 sets out five classes of New South Wales participants and sets out the circumstances in, or periods within, which the CEO is to commence the facilitation of the preparation of those participants’ plans. Most classes are dealt with sequentially; facilitation for a class will usually be commenced once the CEO has decided that the Agency has the capacity to do so, in light of the number of participants in previous classes whose plans have been dealt with, and the number yet to be dealt with.”

Substitute:

“The table in paragraph 2.7 sets out seven classes of New South Wales participants and sets out the circumstances in, or periods within, which the CEO is to commence the facilitation of the preparation of those participants’ plans. Some of the classes are dealt with sequentially; facilitation for a class will in some cases be commenced once the CEO has decided that the Agency has the capacity to do so, in light of the number of participants in previous classes whose plans have been dealt with, and the number yet to be dealt with.”

Item 4Paragraph 2.5

Omit:

“If a participant who is a resident of an NDIS launch area in New South Wales is a new client (see paragraph 3.4), the CEO is to commence facilitating the preparation of the participant’s plan as soon as reasonably practicable having regard to the CEO’s obligations to commence facilitating the preparation of other participants’ plans. Such participants are not part of the phasing sequence set out in the table; their plans will be facilitated as soon as reasonably practicable after they become participants. This ensures equity of access to the NDIS for such participants, who include those who are not receiving Commonwealth disability services or New South Wales disability services.”

Paragraph 2.5 summarises the effect of subsection 32(3) of the Act.

Substitute:

“Unless otherwise specified in the phasing sequence set out in the table, if a participant who is a resident of an NDIS launch area in New South Wales is a new client (see paragraph 3.4), the CEO is to commence facilitating the preparation of the participant’s plan as soon as reasonably practicable having regard to the CEO’s obligations to commence facilitating the preparation of other participants’ plans. Such participants are not part of the phasing sequence set out in the table; their plans will be facilitated as soon as reasonably practicable after they become participants. This ensures equity of access to the NDIS for such participants, who include those who are not receiving Commonwealth disability services or New South Wales disability services.”

Paragraph 2.5 summarises the effect of subsection 32(3) of the Act.

Item 5Paragraph 2.7

Omit:

“The five classes of participants, and the circumstances in, or period within, which the CEO is to commence facilitating the preparation of plans for participants in those classes, are as follows:

Class	Participants in the class (who must be residents of an NDIS launch area in New South Wales)	Circumstances in, or period within, which the CEO is to commence facilitating the preparation of the participants’ plans
Class 1	Persons who reside in Newcastle City and receive Commonwealth disability services or New South Wales disability services, other than residents of the Stockton Large Residential Centre	As soon as practicable after the participants become participants
Class 2	Persons who reside in the Stockton Large Residential Centre	The CEO decides (on or after 1 January 2014) that the Agency has the capacity to commence the facilitation of the preparation of the participants’ plans, in light of the number of participants in Class 1 whose plans have been dealt with and the number yet to be dealt with
Class 3	Persons who reside in Lake Macquarie City and receive Commonwealth disability services or New South Wales disability services, other than residents of the Kanangra Large Residential Centre	The CEO decides (no later than 30 June 2014) that, having regard to the capacity of the Agency to commence the facilitation of the preparation of the participants’ plans in light of the number of participants in Classes 1 and 2 whose plans have been dealt with and the number yet to be dealt with, it is appropriate to commence facilitating the preparation of the plans
Class 4	Persons who reside in the Kanangra Large Residential Centre	The CEO decides (on or after 1 July 2014) that the Agency has the capacity to commence the facilitation of the preparation of the participants’ plans, in light of the number of participants in Classes 1, 2 and 3 whose plans have been dealt with and the number yet to be dealt with
Class 5	Persons who reside in Maitland City and receive Commonwealth disability services or New South Wales disability services	Between the beginning of 1 July 2015 and the end of that day

Substitute:

“The seven classes of participants, and the circumstances in, or period within, which the CEO is to commence facilitating the preparation of plans for participants in those classes, are as follows:

Class	Participants in the class (who must be residents of an NDIS launch area in New South Wales)	Circumstances in, or period within, which the CEO is to commence facilitating the preparation of the participants’ plans
Class 1	Persons who reside in Newcastle City and receive Commonwealth disability services or New South Wales disability services, other than residents of the Stockton Large Residential Centre	As soon as practicable after the participants become participants
Class 2	Persons who reside in the Stockton Large Residential Centre	The CEO decides (on or after 1 January 2014) that the Agency has the capacity to commence the facilitation of the preparation of the participants’ plans, in light of the number of participants in Class 1 whose plans have been dealt with and the number yet to be dealt with
Class 3	Persons who reside in Lake Macquarie City and receive Commonwealth disability services or New South Wales disability services, other than residents of the Kanangra Large Residential Centre	The CEO decides (no later than 30 June 2014) that, having regard to the capacity of the Agency to commence the facilitation of the preparation of the participants’ plans in light of the number of participants in Classes 1 and 2 whose plans have been dealt with and the number yet to be dealt with, it is appropriate to commence facilitating the preparation of the plans
Class 4	Persons who reside in the Kanangra Large Residential Centre	The CEO decides (on or after 1 July 2014) that the Agency has the capacity to commence the facilitation of the preparation of the participants’ plans, in light of the number of participants in Classes 1, 2 and 3 whose plans have been dealt with and the number yet to be dealt with
Class 5	Persons who reside in Maitland City and receive Commonwealth disability services or New South Wales disability services	Between the beginning of 1 July 2015 and the end of that day
Class 6	Persons who: (a) reside in the City of Blue Mountains, City of Hawkesbury, City of Lithgow or City of Penrith areas, whether they receive Commonwealth disability services or New South Wales disability services or are new clients; and (b) are among the first 2,000 persons mentioned in paragraph (a) to become a participant in the period between the commencement of the National Disability Insurance Scheme (Becoming a Participant) Amendment Rules 2015 and 30 June 2016	Between 1 September 2015 and 30 June 2016
Class 7	Persons who meet paragraph (a) of Class 6 but not paragraph (b)	The CEO decides (not before 1 July 2016), following consultation with the Government of New South Wales and the Commonwealth Department that administers the Act, to commence the facilitation of the preparation of the participants’ plans

Item 6Paragraph 2.8

Omit:

“Among the participants in Class 1, 3 or 5 (a main class), the CEO may decide that there are one or more classes (subclasses) of participants, constituted by reference to:

(a) the identity of the provider of services to the participants; or

(b) the kind of services provided to the participants; or

(c) for supported accommodation residents—the home or facility in which they reside.”

Substitute:

“Among the participants in Class 1, 3, 5, 6 or 7 (a main class), the CEO may decide that there are one or more classes (subclasses) of participants, constituted by reference to:

(a) the identity of the provider of services to the participants; or

(b) the kind of services provided to the participants; or

(c) for supported accommodation residents—the home or facility in which they reside; or

(d) the participant’s age.”

Item 7Paragraph 3.4 after “child – see section 9 of the Act”

Insert:

“City of Blue Mountains means the area constituted as such under the Local Government Act 1993 (NSW).”

“City of Hawkesbury means the area constituted as such under the Local Government Act 1993 (NSW).”

“City of Lithgow means the area constituted as such under the Local Government Act 1993 (NSW).”

“City of Penrith means the area constituted as such under the Local Government Act 1993 (NSW).”

Item 8Paragraph 3.4, definitions of Lake Macquarie City, Maitland City and Newcastle City

In each case, omit:

“proclaimed”

Substitute:

“constituted”

Item 9Paragraph 3.4 after “Newcastle City means the area proclaimed as such under the Local Government Act 1993 (NSW)”

Omit:

“new client means a participant who is a resident of New South Wales but does not fall within a class set out in the table in paragraph 2.7. The term new client reflects the fact that these participants are people who are not receiving Commonwealth disability services or New South Wales disability services.”

Substitute:

“new client means a participant who is a resident of New South Wales but does not fall within classes 1 to 5 of the table in paragraph 2.7. The term new client