National Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans—Queensland) Amendment Rules 2016 (Cth)

National Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans—Queensland) Amendment Rules 2016

National Disability Insurance Scheme Act 2013

I, CHRISTIAN PORTER, 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.

Dated: 29 June 2016

Christian Porter

Minister for Social Services

_____________________________________________________________________________________________

1Name of Rules

These Rules are the National Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans—Queensland) Amendment Rules 2016.

2Commencement

These Rules commence on the day after registration.

3Amendment of National Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans—Queensland) Rules 2016

Schedule 1 amends the National Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans—Queensland) Rules 2016.

Schedule 1Amendments

Item 1Paragraph 1.1

Omit:

the 2016 NDIS early transition area

Substitute:

the NDIS

Item 2Paragraph 1.2

Omit:

Participants will be phased into the NDIS.

Substitute:

To enable an orderly transition, participants will be phased into the NDIS.

Item 3Paragraphs 1.3, 1.4 and 1.5

Omit the paragraphs, and in their place insert:

1.3 These Rules explain how participants in Queensland will be phased into the NDIS. The Rules set out the process for working out when the CEO must commence facilitating the preparation of the plan of a participant in Queensland.

Item 4Paragraph 2.3

At the end of the paragraph, insert the following sentences:

The CEO need not be satisfied that all participants in a particular class have had their plans facilitated before moving to the next class. Further, the classes do not close at any point in time.

Item 5Paragraph 2.5

Omit the paragraph, and in its place insert:

2.5 The 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 Queensland)	Circumstances in, or period within, which the CEO is to commence facilitating the preparation of the participants’ plans
Class 1	Persons who reside in Townsville or Charters Towers and are under 18 years of age on 1 April 2016 (including children born on or after 1 April 2016), and persons who reside in Palm Island. Such persons must be among the first 600 participants in Queensland.	As soon as practicable after the person becomes a participant
Class 2	Persons who reside in Townsville or Charters Towers and are under 18 years of age on 1 April 2016 (including children born on or after 1 April 2016), and persons who reside in Palm Island. Such persons must be among the next 1,000 participants in Queensland.	The CEO decides, not before 1 July 2016, that the Agency has 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	All other persons who reside in the Townsville Region (including Townsville, Charters Towers and Palm Island)	The CEO decides, not before 1 October 2016, that the Agency has capacity 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
Class 4	Persons who reside in Mackay	The CEO decides, not before 1 November 2016, that the Agency has 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 Toowoomba	The CEO decides, not before 1 January 2017, that the Agency has capacity to commence the facilitation of the preparation of the participants’ plans, in light of the number of participants in Classes 1, 2, 3 and 4 whose plans have been dealt with and the number yet to be dealt with
Class 6	Persons who reside in Ipswich	The CEO decides, not before 1 July 2017, that the Agency has capacity to commence the facilitation of the preparation of the participants’ plans, in light of the number of participants in Classes 1, 2, 3, 4 and 5 whose plans have been dealt with and the number yet to be dealt with
Class 7	Persons who reside in Bundaberg	The CEO decides, not before 1 October 2017, that the Agency has capacity to commence the facilitation of the preparation of the participants’ plans, in light of the number of participants in Classes 1, 2, 3, 4, 5 and 6 whose plans have been dealt with and the number yet to be dealt with
Class 8	Persons who reside in Rockhampton	The CEO decides, not before 1 January 2018, that the Agency has capacity to commence the facilitation of the preparation of the participants’ plans, in light of the number of participants in Classes 1, 2, 3, 4, 5, 6 and 7 whose plans have been dealt with and the number yet to be dealt with
Class 9	Persons who reside in Beenleigh, Cairns, Brisbane North, Brisbane South, Maryborough or Robina	The CEO decides, not before 1 July 2018, that the Agency has capacity to commence the facilitation of the preparation of the participants’ plans, in light of the number of participants in Classes 1, 2, 3, 4, 5, 6, 7 and 8 whose plans have been dealt with and the number yet to be dealt with
Class 10	Persons who reside in Caboolture/Strathpine or Maroochydore	The CEO decides, not before 1 January 2019, that the Agency has capacity to commence the facilitation of the preparation of the participants’ plans, in light of the number of participants in Classes 1, 2, 3, 4, 5, 6, 7, 8 and 9 whose plans have been dealt with and the number yet to be dealt with

2.5A The CEO may make a decision mentioned in column 3 of the table before the date mentioned for that decision. Such a decision may only be made if:

1. (a)

   the CEO decides that the Agency has the capacity to commence the facilitation of the preparation of plans for participants in the relevant class before the date; and

2. (b)

   the decision would not adversely affect the facilitation of the plans of participants in other classes; and

3. (c)

   the Governments of Queensland and the Commonwealth agree to the CEO making the decision.

Item 6Paragraph 2.6

Omit:

Class 1

Substitute:

a class mentioned in the table in paragraph 2.5 (a main class)

Item 7Paragraph 2.7

Omit:

Class 1

Substitute:

the relevant main class

Item 8Paragraph 2.8

Omit subparagraphs (a) and (b), and in their place insert:

1. (a)

   subject to the following subparagraphs, within each local government area that has more than 50 participants, the facilitation of the preparation of participants’ plans will be done on the basis of age, from youngest to oldest;

2. (b)

   to the extent feasible, all participants who reside at the same address will have their plans facilitated at the same time;

3. (c)

   the preparation of plans for shared supported accommodation residents should be done in a way that:

   1. (i)

      takes into account the intensive planning and support required for that facilitation; and

   2. (ii)

      enables, where practicable, participants who reside in the same home or facility to have their plans facilitated at the same time;

4. (d)

   to the extent feasible, where a group is purchasing a shared support arrangement from a single provider before their transition to the NDIS, all participants in the group will have their plans facilitated at the same time;

5. (e)

   where a participant is experiencing a major life event (such as leaving school or leaving the care of the state), plan facilitation may occur outside of the general age‑based approach mentioned in paragraph (a).

Item 9Paragraph 3.4

Omit the definition of 2016 NDIS early transition area, and in its place insert:

NDIS areas has the same meaning as in the National Disability Insurance Scheme (Becoming a Participant) Rules 2016.

Item 10Paragraph 3.4

Omit the definitions of Charters Towers, existing clients, other participants, Palm Island and Townsville

Item 11After paragraph 3.4

Insert:

3.5 All areas of Queensland mentioned in the table in paragraph 2.5 (for example, Townsville, Townsville Region, Mackay) take their meanings from the National Disability Insurance Scheme (Becoming a Participant) Rules 2016