National Disability Insurance Scheme (Timeframes for Decision Making) Amendment Rules 2016 (Cth)

National Disability Insurance Scheme (Timeframes for Decision Making) Amendment Rules 2016

National Disability Insurance Scheme Act 2013

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

Dated: 19 April

2016

The Hon. Christian Porter MP

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 2016.

2Commencement

1. These Rules commence on the day after this instrument is registered.

   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 this paragraph and replace with:

“3.1 This Part operates in relation to an access request:

(a) that is made by a prospective participant who is residing in an NDIS area; and

(b) that is made within 12 months after the first day on which a person who resides in that NDIS area would have met the additional residence requirements prescribed for paragraph 23(1)(c) of the Act.”

Item 2Paragraph 4.3

Omit:

“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.

2016 NDIS launch area means

(a) the areas specified under Schedules 1 and 2 of the Local Government Regulation 2012 (Qld) as:

(i) City of Townsville;

(ii) Region of Charters Towers;

(iii) Palm Island Aboriginal Shire.”

Substitute with:

“NDIS areas has the meaning given in the National Disability Insurance Scheme (Becoming a Participant) Rules 2016