National Disability Insurance Scheme (Becoming a Participant) Rules 2016
made under sections 22, 23, 25, 27 and 209 of the
National Disability Insurance Scheme Act 2013
Compilation No. 4
Compilation date: 27 February 2018
Includes amendments up to: National Disability Insurance Scheme (Becoming a Participant) Amendment Rules 2018 - F2018L00148
About this compilation
This compilation
This is a compilation of the National Disability Insurance Scheme (Becoming a Participant) Rules 2016 that shows the text of the law as amended and in force on 27 February 2018 (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 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.
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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 2016
Part 1 What these Rules are about 3
Part 2 Outline of these Rules 4
What happens once a person has become a participant 5
Part 3 When does a person meet the age requirements? 6
Part 4 When does a person meet the residence requirements? 7
The additional residence requirements – general 7
The additional residence requirements – Western Australia 8
Part 5 When does a person meet the disability requirements? 9
When is an impairment permanent or likely to be permanent for the disability requirements? 9
When does an impairment result in substantially reduced functional capacity to undertake relevant activities? 10
Part 6 When does a person meet the early intervention requirements? 11
When is an impairment permanent or likely to be permanent for the early intervention requirements? 12
Deciding whether provision of early intervention supports is likely to benefit the person 12
Part 7 Assessing whether a person meets the disability or early intervention requirements 14
Specification of assessment tools in guidelines 14
Part 8 Other matters 15
Citation 15
Interpretation…
Overview
The National Disability Insurance Scheme (Becoming a Participant) Rules 2016, made under the National Disability Insurance Scheme Act 2013, were enacted to address the issue of establishing clear guidelines for individuals seeking to become participants in the National Disability Insurance Scheme (NDIS). These rules were developed by the Australian Government and aim to ensure that individuals who meet certain criteria can access the NDIS to receive necessary support and services. The rules outline the eligibility criteria for becoming an NDIS participant, including age, residence, and disability or early intervention requirements. The primary objective of these rules is to facilitate the smooth transition of individuals into the NDIS by providing a comprehensive framework that aligns with the overarching objectives and principles of the NDIS Act.
Scope and Application
The National Disability Insurance Scheme (Becoming a Participant) Rules 2016 applies to individuals who wish to become participants in the National Disability Insurance Scheme (NDIS). The Rules outline the eligibility criteria that a person must meet to become a participant, which include age, residence, disability, and early intervention requirements. The Rules apply across Australia, with specific additional requirements for certain states and territories. A person meets the age requirements if they are aged from birth up to 65 when the access request is made, with some exceptions for specific states and territories. The residence requirements mandate that the individual must reside in Australia and be either an Australian citizen, a permanent visa holder, or a special category visa holder who is a protected special category visa holder. The disability requirements necessitate that the person has a disability attributable to an intellectual, cognitive, neurological, sensory, or physical impairment, or a psychiatric condition that is permanent or likely to be permanent and results in substantially reduced functional capacity. Alternatively, a person can meet the early intervention requirements, which consider the likely trajectory and impact of the person's impairment over time and the potential benefits of early intervention on the impact of the impairment on the person's functional capacity. The Rules allow for the use of specified assessment tools to determine if a person meets the disability or early intervention requirements. The Rules extend their application through subordinate instruments, which may modify or supplement the primary legislation.
Key Provisions
- The National Disability Insurance Scheme (Becoming a Participant) Rules 2016 (the Rules) set out the criteria for becoming a participant in the National Disability Insurance Scheme (NDIS). Under section 2.4 of the Rules, a person meets the access criteria for becoming a participant if they satisfy the CEO that they meet the age requirements (Part 3), the residence requirements (Part 4), and either the disability requirements (Part 5) or the early intervention requirements (Part 6). Once a person meets the access criteria, they can develop a personal goal-based plan which may provide for supports for the participant (section 2.2). The CEO may assess whether a person meets the disability requirements or the early intervention requirements by using an assessment tool specified in the operational guidelines (Part 7).
- The Rules impose several obligations on the parties or entities they govern. For example, the CEO must consider whether a person meets the access criteria for becoming a participant in the NDIS, including whether they meet the disability requirements or the early intervention requirements. The CEO may also conduct an assessment using an assessment tool specified in the operational guidelines. The CEO must also consider whether provision of early intervention supports is likely to benefit a person by reducing their future needs for supports in relation to disability, or by mitigating or alleviating the impact of the person's impairment on their functional capacity, or by preventing the deterioration of such functional capacity, or by improving such functional capacity, or by strengthening the sustainability of informal supports available to the person, including through building the capacity of the person's carer.
- There are several offences, penalties, or civil/criminal consequences for breach of the Rules. For example, a person who fails to meet the access criteria for becoming a participant in the NDIS may be ineligible for supports under the NDIS. A person who provides false or misleading information to the CEO in relation to their application to become a participant in the NDIS may be subject to a civil penalty of up to $21,000 or a criminal penalty of up to $50,000 or imprisonment for up to two years, or both. A person who intimidates, harasses, or threatens another person in relation to the NDIS may be subject to a criminal penalty of up to $30,000 or imprisonment for up to two years, or both.
- Area of Law
- Disability Law
- Social Security Law
- Instrument
- Rules
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Licensing & Registration
- Reporting & Disclosure Obligations
- Regulatory Standards
- Offence Provisions
- Transitional Provisions