National Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans—Western Australia) Amendment Rules 2018 (Cth)

National Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans—Western Australia) Amendment Rules 2018

National Disability Insurance Scheme Act 2013

I, Dan Tehan, Minister for Social Services, make this Instrument for the purposes of sections 32, 32A (other than subsection 32A(4)) 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 (Facilitating the Preparation of Participants’ Plans—Western Australia) Amendment Rules 2018.

2Commencement

This Instrument commences on the day after it is registered.

3Amendment of National Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans—Western Australia) Rules 2014

Schedule 1 amends the National Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans—Western Australia) Rules 2014.

Schedule 1Amendments

Item 1Title page

Omit:

These Rules are

Substitute:

This Instrument is

Item 2Title page

Omit:

Perth Hills trial site in the

Item 3Title page

Omit:

To enable orderly implementation of the NDIS trial in Western Australia

Substitute:

To enable orderly transition of the NDIS in Western Australia

Item 4Paragraph 1.2

Omit:

These Rules relate

Substitute:

This Instrument relates

Item 5Paragraph 1.3

Omit the paragraph, substitute:

1.3 This Instrument explains how participants in Western Australia will be phased into the NDIS.

Item 6Paragraph 1.4

Omit the paragraph, substitute:

1.4 The table in paragraph 2.5 sets out the phasing timetable for the CEO to commence facilitating the preparation of plans in accordance with agreements that have been reached between the Commonwealth of Australia and the State of Western Australia.

Item 7Paragraph 1.5

Omit the paragraph, substitute:

1.5 The Act sets out a number of objects and principles for the NDIS, to which this Instrument gives effect. In giving effect to the objects, regard is to be had to the progressive implementation of the NDIS and the need to ensure the financial sustainability of the NDIS.

Item 8Paragraph 1.6

Omit the paragraph

Item 9Paragraph 1.7

Omit the paragraph

Item 10Paragraph 2.2

Omit:

The table in paragraph 2.6

Substitute:

In part, the table in paragraph 2.5

Item 11Paragraph 2.3

Omit:

The CEO cannot make a decision to commence facilitating the preparation of plans for a class before the date specified in the table for that class. Otherwise, the sequence of classes is not inflexible.

Substitute:

The table in paragraph 2.5 also provides that the CEO’s decisions to commence facilitating the preparation of plans for classes will occur in accordance with the timing specified for that class in that table. Otherwise, the sequence of classes is flexible.

Item 12Paragraph 2.4

Omit the paragraph (including the text box following the paragraph), substitute:

2.4 In urgent circumstances, the CEO can commence the facilitation of the preparation of a participant’s plan at a particular time, despite the sequence set out in the table in paragraph 2.5. If the CEO does so, the CEO is able to delay the commencement of the facilitation of other participants’ plans, so far as is reasonably necessary, even if that delay would be contrary to that sequence.

Paragraph 2.4 summarises the effect of subsection 32A(3) of the Act.

Item 13Paragraph 2.5

Omit the paragraph (including the text box following the paragraph), substitute:

2.5 The classes of participants, and the circumstances in which the CEO is to commence the facilitation of the preparation of plans for participants in those classes, are as follows:

Item 14After new paragraph 2.5

After new paragraph 2.5, insert the following table:

Class	Conditions for inclusion in class	Circumstances in, or period within, which the CEO is to commence the facilitation of the preparation of the participants’ plans
Class 1	Participants in one of the following categories are included in the class: (i) Residents of one of the following NDIS areas: a. North East Metro service region; and b. Chittering, Northam, Toodyay, and York districts in the Wheatbelt service region. (ii) Existing WA NDIS Participants.	As soon as practicable
Class 2	Participants who reside in one of the following NDIS areas: (i) Kimberley-Pilbara service region; (ii) South Metro service region; and (iii) the Augusta-Margaret River, Boyup Brook, Bridgetown-Greenbushes, Busselton, Donnybrook-Balingup, Manjimup, and Nannup districts of the South West service region.	The CEO decides (on or after 1 February 2018) 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	Participants who reside in one of the following NDIS areas: (i) Central South Metro service region; and (ii) Wheatbelt service region (except the Chittering, Northam, Toodyay, and York districts that are listed under Class 1).	The CEO decides (on or after 1 July 2018) 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 and 2 whose plans have been dealt with and the number yet to be dealt with
Class 4	Participants who reside in one of the following NDIS areas: (i) Goldfields-Esperance service region; (ii) North Metro service region; and (iii) South West service region (except Augusta-Margaret River, Boyup Brook, Bridgetown-Greenbushes, Busselton, Donnybrook-Balingup, Manjimup, and Nannup districts that are listed under Class 2).	The CEO decides (on or after 1 October 2018) 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	Participants who reside in one of the following NDIS areas: (i) Midwest-Gascoyne service region; (ii) Great Southern service region; (iii) Central North Metro service region; (iv) South East Metro service region.	The CEO decides (on or after 1 July 2019) 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, 3 and 4 whose plans have been dealt with and the number yet to be dealt with
Class 6	Participants who reside in one of the following NDIS areas: (i) Christmas Island territory; (ii) Cocos (Keeling) Islands territory.	The CEO decides (on or after 1 July 2020) 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, 3, 4 and 5 whose plans have been dealt with and the number yet to be dealt with

Note: The districts comprising the service regions, and the shires comprising the territories, listed in column 2 of the above table are outlined in Schedule A to this Instrument. Services regions and territories are NDIS areas for the purposes of the National Disability Insurance Scheme (Becoming a Participant) Rules 2016.

Item 15Paragraph 2.6

Omit the paragraph, substitute:

2.6 Subject to paragraph 2.11 of this Instrument, the CEO may make a decision referred to in column 3 of the table at paragraph 2.5 before the date specified for that decision in that column. Such an early 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;

2. (b)

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

3. (c)

   the State of Western Australia and the Commonwealth of Australia agree to the CEO making the decision.

Item 16 Paragraph 2.7

Omit the paragraph, substitute:

Subclasses

2.7 For the purposes of paragraph 2.8, the CEO may decide there are one or more subclasses of participants within classes 1 – 6 of the table at paragraph 2.5. These subclasses are to be constituted by reference to:

1. (a)

   the district in which the participants reside; and

2. (b)

   if the participants are Existing WA clients – whether the participants are:

   1. (i)

      supported accommodation clients, including those receiving alternative care arrangements; or

   2. (ii)

      existing clients of the Department of Communities representing the State of Western Australia (WA DoC) who are:

      1. A.

         block-funded clients; or

         1. B.

            receiving a state funded service and who are not block-funded clients.

2.8 For each subclass, the CEO is to commence facilitating the preparation of plans for participants in the subclass when the CEO decides that it is appropriate to do so, having regard to the progress of the preparation of plans for participants in the relevant class.

2.9 In making a decision under paragraph 2.7 or 2.8, or considering whether to make such a decision, the CEO must have regard to the following principles:

1. (a)

   the transition to the NDIS of the following cohorts are prioritised as follows:

   1. (i)

      Existing WA NDIS Participants are prioritised;

   2. (ii)

      within each class, the transition of Existing WA clients who are supported accommodation clients or who reside in residential aged care facilities should be prioritised;

   3. (iii)

      within each class, the transition of Existing WA clients who are block-funded clients should be prioritised;

2. (b)

   that the facilitation of 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 contemporaneously; and

3. (c)

   that where practicable, participants receiving services from the same provider should have their plans facilitated contemporaneously.

2.10 Paragraphs 2.8 and 2.9 do not limit the matters that the CEO may take into account in making a decision.

Consultation

2.11 If the CEO is considering making a decision referred to in column 3 of the table in paragraph 2.5, the CEO must, as early as possible:

1. (a)

   seek the views of the State of Western Australia and of the Department representing the Commonwealth of Australia that administers the Act about the proposed decision (including their views about the effect that making the decision would have on arrangements agreed between the Commonwealth and Western Australia for the funding of the NDIS); and

2. (b)

   use his or her best endeavours to reach an agreement between those bodies politic about the proposed decision.

Item 17 Paragraph 3.1

Omit:

These Rules

Substitute:

This Instrument

Item 18 Paragraph 3.2

Omit the paragraph, insert:

3.2 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 19 Paragraph 3.3

Omit:

Terms and expressions that are used in the Act have the same meaning in these Rules unless these Rules display a contrary intention—see the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, which include definitions and rules of interpretation that apply to all Commonwealth legislation.

Substitute:

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.

Item 20 Paragraph 3.4

Omit:

These Rules

Substitute:

This Instrument

Item 21 Paragraph 3.4, new definitions

After the definition of CEO, insert:

Existing WA clientmeans a person who is receiving specialist disability services, funded or administered by the State of Western Australia and who is not an Existing WA NDIS Participant.

Existing WA NDIS Participant has the same meaning as in paragraph 8.4 of the National Disability Insurance Scheme (Becoming a Participant) Rules 2016.

Instrument means these National Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans—Western Australia) Rules 2014.

Item 22 Paragraph 3.4, definition of Participant in receipt of DSC funding but not accessing LAC

Omit the definition.

Item 23 Paragraph 3.4, definition of LAC participant

Omit the definition.

Item 24 Paragraph 3.4, definition of New participant

Omit the definition.

Item 25 Paragraph 3.4, new definition

After the definition of NDIS, insert:

NDIS area has the same meaning as in paragraph 8.4 of the National Disability Insurance Scheme (Becoming a Participant) Rules 2016.

Item 26 Paragraph 3.4, definition of Perth Hills trial site

Omit the definition.

Item 27 Paragraph 3.4, new definition

After the definition of participant, insert:

WA NDIS Model has the same meaning as in paragraph 8.4 of the National Disability Insurance Scheme (Becoming a Participant) Rules 2016.

Item 28 New Schedule A

After paragraph 3.4, insert:

Schedule ANDIS areas – Western Australia

Service region

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