National Disability Insurance Scheme (Becoming a Participant) Rules 2013
made under the National Disability Insurance Scheme Act 2013 (the Act).
Compilation No. 3
Compilation start date: 17 March 2016
Includes amendments up to: National Disability Insurance Scheme (Becoming a Participant) Amendment Rules 2016 (F2016L00345)
This compilation was prepared by the Department of Social Services.
About this compilation
This compilation
This is a compilation of the National Disability Insurance Scheme (Becoming a Participant) Rules 2013 that shows the text of the law as amended and in force on 16 March 2016 (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 (www.legislation.gov.au). 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 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 (Becoming a Participant) Rules 2013
Part 1 What these Rules are about
Part 2 Outline of these Rules
What happens once a person has become a participant
Part 3 When does a person meet the age requirements?
Part 4 When does a person meet the residence requirements?
NDIS launch areas
The qualifying residence requirement
The ongoing residence requirement
Part 5 When does a person meet the disability requirements?
When is an impairment permanent or likely to be permanent for the disability requirements?
When does an impairment result in substantially reduced functional capacity to undertake relevant activities?
Part 6 When does a person meet the early intervention requirements?
When is an impairment permanent or likely to be permanent for the early intervention requirements?
Deciding whether provision of early intervention supports is likely to benefit the person
Part 7 Assessing whether a person meets the disability or early intervention requirements
Specification of assessment tools in guidelines
Part 8 Other matters
Citation
Interpretation
Notes & 23
Part 1 What these Rules are about
1.1 Before the NDIS is implemented nationally, it is being launched…
Overview
The National Disability Insurance Scheme (Becoming a Participant) Rules 2013 were made under the National Disability Insurance Scheme Act 2013 (the Act) by the Australian Parliament to provide a regulatory framework for the implementation of the NDIS, which aims to address the gap in support services for Australians with permanent and severe disabilities. These rules, which have been subject to amendments, assist the Chief Executive Officer (CEO) of the NDIS in determining who becomes a participant in the NDIS launch. A person becomes a participant if they meet certain age, residence, and disability or early intervention requirements. The rules outline specific age criteria based on the location and time of the access request, and detail the qualifying and ongoing residence requirements, which are contingent upon residing in designated NDIS launch or early transition areas. The rules also specify when a person meets the disability or early intervention requirements, including the criteria for impairments being permanent or likely to be permanent, and the circumstances under which early intervention supports are deemed beneficial. Furthermore, the rules allow the CEO to use specified assessment tools in determining whether a person meets the disability or early intervention requirements, ensuring assessments are fair and transparent.
Scope and Application
The National Disability Insurance Scheme (Becoming a Participant) Rules 2013 (the Rules) apply to the process of becoming a participant in the National Disability Insurance Scheme (NDIS) in Australia. These Rules are made under the National Disability Insurance Scheme Act 2013 (the Act) and outline the criteria and process for an individual to become a participant in the NDIS. The Rules apply to individuals who are seeking to become a participant in the NDIS launch, which is the process of implementing the NDIS in certain areas of Australia before it is rolled out nationally. The Rules apply to individuals who reside in specific areas of Australia, referred to as NDIS launch areas or 2016 NDIS early transition areas, at particular times. The Rules also apply to individuals who meet the age, residence, disability, or early intervention requirements set out in the Act. The Rules are subject to modification through subordinate instruments, such as the National Disability Insurance Scheme (Becoming a Participant) Amendment Rules 2014, 2015, and 2016, which have amended certain provisions of the Rules.
Key Provisions
- The National Disability Insurance Scheme (Becoming a Participant) Rules 2013 outline the criteria for becoming a participant in the NDIS, which is the process towards developing a personal goal-based plan that may provide supports for the participant. A person may become a participant if they meet the age, residence, and either the disability or early intervention requirements. The CEO decides if a person meets the access criteria, which are detailed in Parts 3, 4, 5, and 6 of the Rules.
- The age requirements generally apply to people aged from birth up to 65. However, additional age requirements apply to persons in South Australia, Tasmania, and certain NDIS launch areas in New South Wales. The residence requirements apply if a person resides in Australia and is either an Australian citizen, the holder of a permanent visa, or a special category visa holder. They must also meet the qualifying and ongoing residence requirements, which are dependent on residing in an NDIS launch area or 2016 NDIS early transition area.
- To meet the disability requirements, a person must have a disability attributable to an impairment that is permanent or likely to be permanent and results in substantially reduced functional capacity in one or more relevant activities. To meet the early intervention requirements, a person must have an impairment that is permanent or likely to be permanent and the CEO must be satisfied that provision of early intervention supports is likely to benefit the person.
- The CEO may assess whether a person meets the disability or early intervention requirements using assessment tools specified in operational guidelines. These tools must be designed to ensure fair and transparent assessment and reference areas of activity and social and economic participation identified in the World Health Organisation International Classification of Functions, Disability and Health.
- There are no specific offences, penalties, or civil/criminal consequences mentioned in the Rules. However, failure to comply with the requirements may result in a person not being accepted as a participant in the NDIS.
- Area of Law
- Disability Law
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Regulatory Standards
- Licensing & Registration
- Compliance Obligations