National Disability Insurance Scheme (Facilitating the Preparation of Participants' Plans—Western Australia) Rules 2014 (Cth)
National Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans—Western Australia) Rules 2014
made under sections 32, 32A (other than subsection 32A(4)) and 209 of the
National Disability Insurance Scheme Act 2013
Compilation No. 1
Compilation date: 24 February 2018
Includes amendments up to: National Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans—Western Australia) Amendment Rules 2018 – F2018L00144
About this compilation
This compilation
This is a compilation of the National Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans—Western Australia) Rules 2014 that shows the text of the law as amended and in force on 24 February 2018 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
National Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans—Western Australia) Rules 2014
Part 1 What these Rules are about
Part 2 Preparation of plans for residents of Western Australia
Part 3 Other matters
Citation
Interpretation
Part 1 What these Rules are about
1.1 Each participant in the NDIS will have a plan, prepared by and with the participant and approved by the CEO of the Agency. Among other things, a participant’s plan sets out the supports that will be funded for the participant.
1.2 To enable orderly transition of the NDIS in Western Australia, participants will be phased into the NDIS. There are two steps involved in accessing supports under the NDIS. The first is to become a participant: the prospective participant makes an access request and the CEO decides that they meet the access criteria. The second is for the participant to have a plan approved by the CEO of the Agency. This Instrument relates to the second step, and the order in which the CEO will commence the facilitation of the preparation of plans for different classes of participants.
1.3 This Instrument explains how participants in Western Australia will be phased into the NDIS.
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.
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.
Part 2 Preparation of plans for residents of Western Australia
2.1 Once a person becomes a participant, the CEO can commence facilitating the preparation of a plan for the person. The process for commencing the facilitation of the preparation of plans for participants in Western Australia is detailed below.
2.2 In part, the table in paragraph 2.5 sets out classes of participants in Western Australia and sets out the circumstances in which the CEO is to commence the facilitation of the preparation of those participants’ plans. The CEO will deal with each class sequentially; facilitation for a class will 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.
2.3 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. The CEO need not be satisfied that all participants in a particular class have had their plans facilitated before moving on to the next class; the Agency might have the capacity to commence the facilitation of plans in Class 2 before having fully completed that task for Class 1. Further, the classes do not close at any point in time. For example, a person in Class 1 who becomes a participant after the Agency has started to facilitate plans for Class 2 participants can still have their plan facilitated while participants in Class 2 are having their plans facilitated.
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.
2.5The 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:
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 5Participants 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.
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:
(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;
(b)the decision would not adversely affect the facilitation of the plans of participants in other classes; and
(c)the State of Western Australia and the Commonwealth of Australia agree to the CEO making the decision.
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:
(a) the district in which the participants reside; and
(b)if the participants are Existing WA clients – whether the participants are:
(i) supported accommodation clients, including those receiving alternative care arrangements; or
(ii) existing clients of the Department of Communities representing the State of Western Australia (WA DoC) who are:
A. block-funded clients; or
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:
(a)the transition to the NDIS of the following cohorts are prioritised as follows:
(i) Existing WA NDIS Participants are prioritised;
(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;
(iii) within each class, the transition of Existing WA clients who are block-funded clients should be prioritised;
(b)that the facilitation of the preparation of plans for shared supported accommodation residents should be done in a way that:
(i) takes into account the intensive planning and support required for that facilitation; and
(ii) enables, where practicable, participants who reside in the same home or facility to have their plans facilitated contemporaneously; and
(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:
(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
(b)use his or her best endeavours to reach an agreement between those bodies politic about the proposed decision.
Part 3 Other matters
Citation
3.1 This Instrument may be cited as the National Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans—Western Australia) Rules 2014.
Interpretation
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.
3.3 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.
3.4 In this Instrument:
Act means the National Disability Insurance Scheme Act 2013.
Agency¾see section 9 of the Act.
CEO¾see section 9 of the Act.
Existing WA client means 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.
NDIS means the National Disability Insurance Scheme (see section 9 of the Act).
NDIS area has the same meaning as in paragraph 8.4 of the National Disability Insurance Scheme (Becoming a Participant) Rules 2016.
participant¾see section 9 of the Act.
WA NDIS Model has the same meaning as in paragraph 8.4 of the National Disability Insurance Scheme (Becoming a Participant) Rules 2016.
Schedule A NDIS 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 |
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
| o = order(s) | |
| ad = added or inserted | Ord = Ordinance |
| am = amended | orig = original |
| amdt = amendment | par = paragraph(s)/subparagraph(s) |
| c = clause(s) | /sub‑subparagraph(s) |
| C[x] = Compilation No. x | pres = present |
| Ch = Chapter(s) | prev = previous |
| def = definition(s) | (prev…) = previously |
| Dict = Dictionary | Pt = Part(s) |
| disallowed = disallowed by Parliament | r = regulation(s)/rule(s) |
| Div = Division(s) | |
| exp = expires/expired or ceases/ceased to have | reloc = relocated |
| effect | renum = renumbered |
| F = Federal Register of Legislation | rep = repealed |
| gaz = gazette | rs = repealed and substituted |
| LA = Legislation Act 2003 | s = section(s)/subsection(s) |
| LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |
| (md) = misdescribed amendment can be given | Sdiv = Subdivision(s) |
| effect | SLI = Select Legislative Instrument |
| (md not incorp) = misdescribed amendment | SR = Statutory Rules |
| cannot be given effect | Sub‑Ch = Sub‑Chapter(s) |
| mod = modified/modification | SubPt = Subpart(s) |
| No. = Number(s) | underlining = whole or part not |
| commenced or to be commenced |
Endnote 3—Legislation history
| Name | Registration | Commencement | Application, saving and transitional provisions |
| National Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans—Western Australia) Rules 2014 National Disability Insurance Scheme (Facilitating the Preparation of Participants’ Plans—Western Australia) Amendments Rules 2018 | 30 June 2014 23 February 2018 | 1 July 2014 24 February 2018 |
Endnote 4—Amendment history
| Provision affected | How affected |
| Commencement provision Part 1, paragraphs 1.2 Part 1, paragraphs 1.3-1.5 Part 1, paragraphs 1.6-1.7 Part 2, paragraphs 2.2-2.3 Part 2, paragraphs 2.4-2.7 Part 2, paragraphs 2.8-2.11 Part 3, paragraph 3.1 Part 3, paragraph 3.2 Part 3, paragraphs 3.3-3.4 Part 3, paragraph 3.4, definitions of Existing WA client, Existing WA NDIS Participant, Instrument and NDIS area Part 3, paragraph 3.4, definitions of Participant in receipt of DSC funding but not accessing LAC, LAC participant and New participant Schedule A, NDIS areas – Western Australia | rep. s48D LA rs.; F2018L00144 rep.; F2018L00144 am; F2018L00144 rs.; F2018L00144 ad.; F2018L00144 am; F2018L00144 rs.; F2018L00144 am.; F2018L00144 ad.; F2018L00144 rep.; F2018L00144 ad; F2018L00144 |
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