National Disability Insurance Scheme (Timeframes for Decision Making) Amendment Rules 2015 (Cth)

National Disability Insurance Scheme (Timeframes for Decision Making) Amendment Rules 2015

National Disability Insurance Scheme Act 2013

I, MITCH FIFIELD, Assistant Minister for Social Services, make these Rules for the purposes of section 204 of the National Disability Insurance Scheme Act 2013.

Dated: 28 July 2015

Mitch Fifield

Assistant Minister for Social Services

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1Name of Rules

These Rules are the National Disability Insurance Scheme (Timeframes for Decision Making) Amendment Rules 2015.

2Commencement

These Rules commence on the day after registration.

3Amendment of National Disability Insurance Scheme (Timeframes for Decision Making) Rules 2013

Schedule 1 amends the National Disability Insurance Scheme (Timeframes for Decision Making) Rules 2013.

Schedule 1Amendments

Item 1Paragraph 3.1

Omit:

“3.1 This Part operates in relation to an access request made within 12 months after:

(a) 1 July 2013, for an access request made in relation to a 2013 NDIS launch area—see the definition in paragraph 4.3); or

(b) 1 July 2014, for an access request made in relation to a 2014 NDIS launch area—see definition in paragraph 4.3.”

Substitute:

“3.1 This Part operates in relation to an access request made within 12 months after:

(a) 1 July 2013, for an access request made in relation to a 2013 NDIS launch area—see the definition in paragraph 4.3; or

(b) 1 July 2014, for an access request made in relation to a 2014 NDIS launch area—see definition in paragraph 4.3; or

(c) 1 July 2015, for an access request made in relation to a 2015 NDIS launch area—see definition in paragraph 4.3.”

Item 2Paragraph 4.3

Omit the entire paragraph and substitute:

“4.3 In these Rules:

2013 NDIS launch areameans

(a) South Australia;

(b) Tasmania

(c) the areas that comprise the following municipal districts of Victoria as at the commencement of these Rules:

(i) Colac-Otway Shire;

(ii) City of Greater Geelong;

(iii) Borough of Queenscliffe;

(iv) Surf Coast Shire;

(d) the areas that comprise the following areas of New South Wales constituted under the Local Government Act 1993 (NSW) as at the commencement of these Rules:

(i) Lake Macquarie City;

(ii) Maitland City;

(iii) Newcastle City.

2014 NDIS launch area means

(a) the areas that comprise the following districts of Western Australia declared under section 2.1 of the Local Government Act 1995 (WA) as at the commencement of the National Disability Insurance Scheme (Becoming a Participant) Amendment Rules 2014:

(i) Shire of Kalamunda;

(ii) Shire of Mundaring;

(iii) City of Swan;

(b) the area that comprises the Barkly Region in the Northern Territory as defined under section 9 of the Local Government Act (NT) as at the commencement of the National Disability Insurance Scheme (Becoming a Participant) Amendment Rules 2014;

(c) the Australian Capital Territory.

Note: reference to the Australian Capital Territory in these Rules does not include the Jervis Bay Territory.

2015 NDIS launch area means

(a) the areas that comprise the following areas of New South Wales constituted under the Local Government Act 1993 (NSW) as at the commencement of the National Disability Insurance Scheme (Becoming a Participant) Amendment Rules 2015:

(i) City of Blue Mountains;

(ii) City of Hawkesbury;

(iii) City of Lithgow;

(iv) City of Penrith.

Act means the National Disability Insurance Scheme Act 2013.

Agency—see section 9 of the Act.

CEO—see section 9 of the Act.

NDIS means the National Disability Insurance Scheme (see section 9 of the Act).

NDIS rules means the National Disability Insurance Scheme rules (see section 9 of the Act).

participant¾ see section 9 of the Act.