National Disability Insurance Scheme Amendment (Participating Jurisdiction) Specification 2020

Administered by Department of Social Services

Legislation au F2020L01507 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the authority of the Minister for the National Disability Insurance Scheme

 

National Disability Insurance Scheme Act 2013

 

National Disability Insurance Scheme Amendment (Participating Jurisdiction) Specification 2020

 

Purpose

The National Disability Insurance Scheme Amendment (Participating Jurisdiction) Specification 2020 (the Specification) is made under section 10A of the National Disability Insurance Scheme Act 2013 (the Act) and specifies Western Australia as a participating jurisdiction for the purposes of the Act, with effect from 1 November 2020.

Background

The NDIS Quality and Safeguards Commission (the Commission) was established under the Act to improve the quality and safety of National Disability Insurance Scheme supports and services.

The Specification expands the role of the Commission to Western Australia. To fall under the jurisdiction of the Commission, States and Territories must be specified as participating jurisdictions by a legislative instrument made by the Minister under section 10A of the Act.

Because the Specification facilitates the operation of the Commission and the National Disability Insurance Scheme, and the National Disability Insurance Scheme is a scheme involving the Commonwealth and States and Territories, section 44(1) of the Legislation Act 2003 provides that the Specification is not subject to disallowance. 

Subsection 33(3) of the Acts Interpretation Act 1901 provides that the power to make a legislative instrument 'shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument'. In making the amendments in Schedule 1 to the Specification, the Minister is relying upon this subsection in conjunction with the power in section 10A of the Act.

Commencement

The Specification commences on 1 December 2020.

Consultation

The Department of Social Services has consulted with Western Australia about its inclusion in NDIS as a participating jurisdiction.

The Western Australian Minister for Disability Services has agreed on behalf of Western Australia that the State may be specified as a participating jurisdiction under section 10A of the Act.

Regulation Impact Statement (RIS)

The Office of Best Practice Regulation (OBPR) has been consulted.  A Regulatory Impact Statement is not required (OBPR ID 26473).

Explanation of the provisions

Section 1 - Name

The instrument is the National Disability Insurance Scheme Amendment (Participating Jurisdiction) Specification 2020.

Section 2 - Commencement

The instrument commences on 1 December 2020.

Section 3 - Authority

The Specification is made under section 10A of the Act.

Schedule 1 – Participating jurisdiction

 

The Schedule to the instrument amends the National Disability Insurance Scheme (Participating Jurisdiction) Specification 2018 to specify Western Australia as a participating jurisdiction” for the purposes of the Act.

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

National Disability Insurance Scheme Amendment (Participating Jurisdiction) Specification 2020

 

The National Disability Insurance Scheme Amendment (Participating Jurisdiction) Specification 2020 is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the legislative instrument

The National Disability Insurance Scheme Amendment (Participating Jurisdiction) Specification 2020 (the Specification) is made under section 10A of the National Disability Insurance Scheme Act 2013 (the Act) and specifies that Western Australia is a participating jurisdiction for the purposes of the Act. 

Human rights implications

Through enabling the jurisdiction of the Commission in Western Australia, the Specification promotes the rights of people with disability on the same basis as the Act does. In particular, the NDIS engages with the following human rights:

  • The rights of people with disabilities in the Convention on the Rights of Persons with Disabilities (CRPD), especially Articles 3, 4, 8, 11, 12, 13, 16, 17, 19, 20, 21, 22, 26, 28, 30 and 31;
  • The rights of children in the Convention on the Rights of the Child, especially Articles 23 and 34;
  • Articles 6, 7(b) and 9 of the International Covenant on Economic, Social and Cultural Rights; and
  • Article 17 of the International Covenant on Civil and Political Rights.

Overall, the establishment of the Commission will promote the rights of people with disabilities in Western Australia by protecting and preventing people with disability from experiencing harm arising from poor quality or unsafe supports or services under the National Disability Insurance Scheme (NDIS).

The Specification engages with these Articles, through enabling the jurisdiction of the Commission in Western Australia, which will provide oversight and regulation for providers delivering supports and services aligned with these Articles.

In particular, the Specification advances the aim of ensuring the application of the above rights to all individuals eligible for the NDIS within Western Australia. The Specification is therefore compatible with obligations enshrined in various Articles in the abovementioned treaties.

Conclusion

The Specification is compatible with human rights because it facilitates the operation of the Commission in Western Australia, which is in accordance with the obligations of nation states to respect and further the rights identified above.

 

The Hon Stuart Robert MP

Minister for the National Disability Insurance Scheme

 

Overview

The National Disability Insurance Scheme Amendment (Participating Jurisdiction) Specification 2020 was enacted to address the gap in coverage of the National Disability Insurance Scheme (NDIS) by specifying Western Australia as a participating jurisdiction. This legislative instrument is made under section 10A of the National Disability Insurance Scheme Act 2013, which empowers the Minister for the National Disability Insurance Scheme to designate participating jurisdictions. The purpose of this specification is to extend the oversight and regulation of the NDIS Quality and Safeguards Commission to Western Australia, thereby enhancing the quality and safety of NDIS supports and services within the state. The Specification ensures that Western Australia falls under the jurisdiction of the Commission, which is established to improve the quality and safety of NDIS-related services, thereby promoting the rights of people with disabilities. This legislative measure is designed to align Western Australia with the national framework of the NDIS, ensuring consistent standards and protections across all participating jurisdictions.

Scope and Application

The National Disability Insurance Scheme Amendment (Participating Jurisdiction) Specification 2020 applies to the National Disability Insurance Scheme (NDIS) and specifies Western Australia as a participating jurisdiction under the National Disability Insurance Scheme Act 2013. This legislation designates Western Australia to fall under the jurisdiction of the NDIS Quality and Safeguards Commission, thereby expanding its oversight to include the state. The Specification, which commenced on 1 December 2020, is made under section 10A of the Act and amends the National Disability Insurance Scheme (Participating Jurisdiction) Specification 2018. This legislative instrument is not subject to disallowance and facilitates the operation of the Commission and the NDIS, a scheme involving the Commonwealth and States and Territories. The Specification does not contain specific exclusions, exemptions, or thresholds, but rather broadens the jurisdictional scope of the Commission to include Western Australia, thereby enhancing the regulation and quality oversight of NDIS-related services within the state.

Key Provisions

The National Disability Insurance Scheme Amendment (Participating Jurisdiction) Specification 2020 (the Specification) specifies Western Australia as a participating jurisdiction under the National Disability Insurance Scheme Act 2013 (the Act), effective from 1 December 2020. This legal instrument is made under section 10A of the Act and provides the necessary amendments to the National Disability Insurance Scheme (Participating Jurisdiction) Specification 2018, to enable the NDIS Quality and Safeguards Commission's jurisdiction over Western Australia. The Specification aims to improve the quality and safety of National Disability Insurance Scheme supports and services, and aligns Western Australia with the other participating jurisdictions. The Specification imposes obligations on the parties or entities it governs by expanding the role of the NDIS Quality and Safeguards Commission to Western Australia. The Commission will now oversee and regulate the delivery of supports and services in Western Australia to ensure they align with the National Disability Insurance Scheme's objectives and quality standards. This includes conducting assessments, monitoring and reviewing service providers, and taking necessary actions to protect the rights and interests of participants in Western Australia. There are no specific offences, penalties, or civil/criminal consequences mentioned in the Specification for breach. However, the NDIS Quality and Safeguards Commission may take regulatory actions, such as issuing warnings, imposing fines, or cancelling registrations, against service providers who fail to comply with the requirements of the Act and the Specification. The penalties for such actions are determined by the Commission in accordance with the relevant provisions of the Act and any applicable regulations. Additionally, failure to comply with the Act or the Specification may result in legal consequences, such as fines or imprisonment, under the general criminal law of Australia.

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Area of Law
Disability Law
Instrument
Legislative Instrument
Concepts
Commencement Provisions
Regulatory Standards
Human Rights Law

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.