National Disability Insurance Scheme (Management of Funding) Rules 2024 (Cth)

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National Disability Insurance Scheme (Management of Funding) Rules 2024

made under the

National Disability Insurance Scheme Act 2013

Compilation No. 1

Compilation date:4 March 2025

Includes amendments:F2025L00279

About this compilation

This compilation

This is a compilation of the National Disability Insurance Scheme (Management of Funding) Rules 2024 that shows the text of the law as amended and in force on 4 March 2025 (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 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 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.

Editorial changes

For more information about any editorial changes made in this compilation, see 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 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

Part 1Preliminary1Name

This instrument is the National Disability Insurance Scheme (Management of Funding) Rules 2024.

2Commencement
  1. (1)

    Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.

The whole of this instrument

The day after this instrument is registered.

17 December 2024

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2)

Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the National Disability Insurance Scheme Act 2013.

4Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) CEO;

(b) funding component amount;

(c) participant;

(d) plan;

(e) supports;

(f) total funding amount.

In this instrument:

Act means the National Disability Insurance Scheme Act 2013.

Part 2Compliance with section 46 of the Act5Considering whether section 46 of the Act unlikely to be complied with
  1. (1)

    This section is made for the purposes of subsections 44(5) and 74(6) of the Act.

    Matters to which the CEO must have regard

  2. (2)

    The following are matters to which the CEO must have regard in considering, for the purposes of sections 44 and 74 of the Act, whether section 46 of the Act would be unlikely to be complied with if a particular person were to manage the funding for supports under a plan to any extent:

    1. (a)

      the person’s history of compliance with section 46 of the Act in relation to the management of the funding for particular supports under a participant’s plan while the person was responsible for managing the funding for those supports;

    2. (b)

      the person’s history of compliance with requests or requirements made under the Act to give or produce information or documents and, if the person has refused or failed to comply with such a request or requirement:

      1. (i)

        whether the person has a reasonable excuse for that refusal or failure; and

      2. (ii)

        whether the person took reasonable steps to comply with the request or requirement, including after the time by which the request or requirement needed to be complied with;

    3. (c)

      whether the person has engaged in any conduct involving fraud or the mismanagement or misapplication of funds or other assets;

    4. (d)

      whether the person has been the subject of exploitation or undue influence in the management of legal or financial affairs;

    5. (e)

      the person’s ability or capacity to make decisions or to appropriately manage finances, taking into account any support or assistance the person is likely to receive to do so;

    6. (f)

      any matters raised by the following that the CEO considers relevant:

      1. (i)

        the person;

      2. (ii)

        if the person is not the participant—the participant;

    7. (g)

      any other matters that the CEO considers relevant.

    Matters to which the CEO must not have regard

  3. (3)

    However, the following are matters to which the CEO must not have regard:

    1. (a)

      the nature of any of the participant’s impairments;

    2. (b)

      any total funding amount or funding component amount under the plan;

    3. (c)

      if applicable, the fact that the amount of funding provided under a plan for the participant for a funding period was less than the amount that could have been provided for that period;

    4. (d)

      any bankruptcy of the person under the Bankruptcy Act 1966 from which the person has been discharged.

  4. (4)

    Subsection (3) applies despite subsection (2) to the extent that subsection (2) would otherwise have the effect of requiring the CEO to have regard to a matter that is mentioned in subsection (3).

Part 3Unreasonable risk6Considering whether there is an unreasonable risk to the participant – matters to which the CEO must, and must not, have regard
  1. (1)

    This section is made for the purposes of subsections 44(3) of the Act and 74(6) of the Act.

    Matters to which the CEO must have regard – participant

  2. (2)

    The following are matters to which the CEO must have regard in considering, for the purposes of subsection 44(1) of the Act, whether a participant’s management of the funding for supports under a plan to a particular extent would present an unreasonable risk to the participant:

    1. (a)

      whether, and the extent to which, any identified risk could be mitigated by:

      1. (i)

        particular supports, safeguards or strategies that are, or will be, included in the participant’s statement of participant supports to which the plan management request relates;

      2. (ii)

        any informal, community or mainstream supports that the participant has in place;

    (b) whether, and the extent to which, any identified risk has been mitigated in the past by:

    1. (i)

      particular supports, safeguards or strategies that were included in the participant’s statement of participant supports;

    2. (ii)

      any informal, community or mainstream supports that the participant had in place;

    1. (c)

      the nature of the supports that are, or will be, included in the participant’s statement of participant supports to which the plan management request relates;

    2. (d)

      whether, and the extent to which, the participant is at risk of experiencing:

      1. (i)

        physical, mental or financial harm;

      2. (ii)

        exploitation or undue influence;

    3. (e)

      the participant’s ability or capacity to make decisions or to appropriately manage finances, taking into account any support or assistance the participant is likely to receive to do so;

    4. (f)

      whether a court or tribunal has ordered another person to manage, wholly or partly, the property or finances of the participant;

    5. (g)

      any matters raised by the participant that the CEO considers relevant;

    6. (h)

      any other matters that the CEO considers relevant.

    Matters to which the CEO must have regard – registered plan management provider

  3. (3)

    The following are matters to which the CEO must have regard in considering, for the purposes of subsections 44(2) and 74(4A) of the Act, whether a plan management provider’s management of the funding for supports under a plan to a particular extent would present an unreasonable risk to a participant:

    1. (a)

      whether, and the extent to which, any identified risk could be mitigated by:

      1. (i)

        particular supports, safeguards or strategies that are, or will be, included in the participant’s statement of participant supports to which the plan management request relates; or

      2. (ii)

        any informal, community or mainstream supports the participant has in place;

    2. (b)

      whether, and the extent to which, any identified risk has been mitigated in the past by:

      1. (i)

        particular supports, safeguards or strategies that were included in the participant’s statement of participant supports;

      2. (ii)

        any informal, community or mainstream supports that the participant had in place;

    3. (c)

      whether, and the extent to which, the participant is at risk of experiencing:

      1. (i)

        physical, mental or financial harm;

      2. (ii)

        exploitation or undue influence;

    4. (d)

      any matters raised by the following that the CEO considers relevant:

      1. (i)

        the person;

      2. (ii)

        if the person is not the participant—the participant;

    5. (e)

      any other matters that the CEO considers relevant.

    Matters to which the CEO must have regard – plan nominee

  4. (4)

    The following are matters to which the CEO must have regard in considering, for the purposes of subsection 44(2A) of the Act, whether a plan nominee’s management of the funding for supports under a plan to a particular extent would present an unreasonable risk to a participant:

    1. (a)

      whether, and the extent to which, any identified risk could be mitigated by:

      1. (i)

        particular supports, safeguards or strategies that are, or will be, included in the participant’s statement of participant supports to which the plan management decision relates; or

      2. (ii)

        any informal, community or mainstream supports the participant and the plan nominee have in place;

    2. (b)

      whether, and the extent to which, any identified risk has been mitigated in the past by:

      1. (i)

        particular supports, safeguards or strategies that were included in the participant’s statement of participant supports;

      2. (ii)

        any informal, community or mainstream supports that the participant or the plan nominee had in place;

    3. (c)

      the nature of the supports that are, or will be, included in the participant’s statement of participant supports to which the plan management decision relates;

    4. (d)

      whether, and the extent to which, the participant is at risk of experiencing:

      1. (i)

        physical, mental or financial harm;

      2. (ii)

        exploitation or undue influence;

    5. (e)

      the plan nominee’s ability or capacity to make decisions or to appropriately manage finances, taking into account any support or assistance the plan nominee is likely to receive to do so;

    6. (f)

      whether a court or tribunal has ordered another person to manage, wholly or partly, the property or finances of the plan nominee;

    7. (g)

      any matters raised by the participant or the plan nominee that the CEO considers relevant;

    8. (h)

      any other matters that the CEO considers relevant.

    Matters to which the CEO must have regard – child representative

  5. (5)

    The following are matters to which the CEO must have regard in considering, for the purposes of subsection 74(4) of the Act, whether management of the funding for supports under a plan to a particular extent by a person mentioned in subsection 74(1) would present an unreasonable risk to a participant who is a child:

    1. (a)

      whether, and the extent to which, any identified risk could be mitigated by:

      1. (i)

        particular supports, safeguards or strategies that are, or will be, included in the participant’s statement of participant supports to which the plan management request relates; or

      2. (ii)

        any informal, community or mainstream supports the participant and the person have in place;

    2. (b)

      whether, and the extent to which, any identified risk has been mitigated in the past by:

      1. (i)

        particular supports, safeguards or strategies that were included in the participant’s statement of participant supports;

      2. (ii)

        any informal, community or mainstream supports that the participant or the person had in place;

    3. (c)

      the nature of the supports that are, or will be, included in the participant’s statement of participant supports to which the plan management request relates;

    4. (d)

      whether, and the extent to which, the participant is at risk of experiencing:

      1. (i)

        physical, mental or financial harm;

      2. (ii)

        exploitation or undue influence;

    5. (e)

      the person’s ability or capacity to make decisions or to appropriately manage finances, taking into account any support or assistance the person is likely to receive to do so;

    6. (f)

      whether a court or tribunal has ordered another person to manage, wholly or partly, the property or finances of the person;

    7. (g)

      any matters raised by the participant or the person that the CEO considers relevant;

    8. (h)

      any other matters that the CEO considers relevant.

    Note: Subsection 74(1) provides that if this Act requires or permits a thing to be done by or in relation to a child, the thing is to be done by or in relation to:

    (a) the person who has, or the persons who jointly have, parental responsibility for the child; or

    (b) if the CEO is satisfied that this is not appropriate—a person determined in writing by the CEO.

    Matters to which the CEO must not have regard – all decisions

  6. (6)

    However, the following are matters to which the CEO must not have regard in undertaking any of the considerations mentioned in subsections (2), (3), (4) and (5):

    1. (a)

      the nature of any of the participant’s impairments;

    2. (b)

      any total funding amount or funding component amount under the plan;

    3. (c)

      if applicable, the fact that the amount of funding provided under a plan for the participant for a funding period was less than the amount that could have been provided for that period.

  7. (7)

    Subsection (6) applies despite subsections (2), (3), (4) and (5) to the extent that those subsections would otherwise have the effect of requiring the CEO to have regard to a matter that is mentioned in subsection (6).

Endnotes

Endnote 1About 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.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

Endnote 3Legislation history

Name

Registration

Commencement

Application, saving and transitional provisions

National Disability Insurance Scheme (Management of Funding) Rules 2024

16 Dec 2024 (F2024L01685)

17 Dec 2024 (s 2(1) item 1)

National Disability Insurance Scheme Amendment (Management of Funding and Plan Management) Rules 2025

3 Mar 2024 (F2025L00279)

Sch 1 (item 1): 4 Mar 2025 (s 2(1) item 1)

—

Endnote 4Amendment history

Provision affected

How affected

Part 1

s 2.............................................

rep LA s 48D

Part 3

Part 3.........................................

ad F2025L00279

s 6.............................................

ad F2025L00279

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