EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Disability Reform
National Disability Insurance Scheme Commencement Proclamation 2013
Items 3, 4, 7 and 8 of the table in subsection 2(1) of the National Disability Insurance Scheme Act 2013 (the Act) provide that the following Chapters, Divisions and Parts commence on a day to be fixed by Proclamation:
- Chapters 2 and 3;
- Division 1 of Part 1 of Chapter 4;
- Parts 4, 5 and 6 of Chapter 4; and
- Chapter 5.
However, if the above provisions do not commence within six months of the date the Act receives the Royal Assent, then they commence on the first day after the end of that period. The Act received the Royal Assent on 28 March 2013.
This Proclamation fixes 1 July 2013 as the day on which the above Chapters, Divisions and Parts commence.
Chapter 2 sets out the assistance that the National Disability Insurance Scheme Launch Transition Agency (DisabilityCare Australia) can provide to all people with disability and to other individuals and organisations to enable them to support people with disability. Chapter 3 sets out how people with disability will become participants in the launch of the National Disability Insurance Scheme (DisabilityCare), and the subsequent process for developing personal goal-based plans with DisabilityCare Australia and receiving individualised supports, which could include funded supports.
Part 1 of Division 1 of Chapter 4 sets out the notification requirements for participants and prospective participants in DisabilityCare and enables the Chief Executive Officer of DisabilityCare Australia to require a person to provide information or documents to ensure the integrity of DisabilityCare. A person could, for example, be required to provide information or documents relating to whether an ‘NDIS amount’ paid to a participant or another person has been spent in accordance with the participant’s plan.
Part 4 of Chapter 4 deals with who is, or should be, a child’s representative and whether the child needs a representative. Part 5 of Chapter 4 provides for the appointment of nominees to make decisions on behalf of a participant in DisabilityCare. Part 6 of Chapter 4 provides for review of decisions.
Chapter 5 sets out the circumstances in which a person can be required to take action to claim or obtain compensation and when DisabilityCare Australia can initiate or take over a claim. It also provides for the calculation of a recoverable amount so as to enable the recovery of the costs of supports already funded under DisabilityCare prior to a compensation claim being settled or a judgement.
This Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003. Item 42 of the table in subsection 44(2) of that Act provides that Proclamations that provide solely for the commencement of Acts or provisions of Acts are not subject to disallowance.
Consultation
There has been extensive consultation with people with disability, their families, carers, stakeholder organisations and state and territory governments on the National Disability Insurance Scheme legislation. The National Disability Insurance Scheme Bill was also examined by the Senate Community Affairs Legislation Committee. The date for Proclamation has taken account of comments in the community and stakeholder consultations and the need for a planned and orderly commencement of the new scheme.
Regulatory Impact Analysis
The Proclamation is not regulatory in nature, will not impact on business activity and will have no, or minimal, compliance costs or competition impact.
Overview
The National Disability Insurance Scheme Act 2013 was enacted by the Parliament of Australia to establish a national scheme for providing disability support. The Act addresses the gap in disability support services by creating a comprehensive, goal-oriented approach to supporting people with disabilities. This legislation aims to provide a consistent, coordinated system of disability support that is tailored to individual needs and preferences. The National Disability Insurance Scheme Commencement Proclamation 2013, issued under the authority of the Minister for Disability Reform, fixes 1 July 2013 as the commencement date for certain provisions of the Act, ensuring a structured and timely rollout of the scheme. Extensive consultations with stakeholders, including people with disabilities, their families, carers, and state and territory governments, informed the development of the legislation, reflecting a collaborative approach to disability reform.
Scope and Application
The National Disability Insurance Scheme Act 2013 applies to individuals with disabilities and to various entities and organisations involved in the delivery of support services under the scheme. The Act establishes the National Disability Insurance Scheme (NDIS), providing a structured framework for the provision of support to eligible individuals with disabilities. It applies nationally across Australia and is overseen by DisabilityCare Australia, which is tasked with the implementation and management of the NDIS. The Act’s scope includes setting up the necessary mechanisms for the delivery of individualised support plans and the coordination of services, as well as establishing processes for the oversight and review of decisions made within the scheme. Certain provisions of the Act, including Chapters 2 and 3, Division 1 of Part 1 of Chapter 4, and Parts 4, 5, and 6 of Chapter 4, along with Chapter 5, commenced on 1 July 2013, as per the National Disability Insurance Scheme Commencement Proclamation 2013. This date was chosen to allow for adequate preparation and consultation with stakeholders, ensuring a smooth transition to the new scheme. The Act does not explicitly outline exclusions, but its provisions are designed to be comprehensive, covering all necessary aspects of the NDIS from initial participation to ongoing support and review processes.
Key Provisions
The National Disability Insurance Scheme Commencement Proclamation 2013 (Item 3, 4, 7 and 8 of the table in subsection 2(1) of the National Disability Insurance Scheme Act 2013) sets out the commencement date for several key provisions of the Act. Specifically, it indicates that Chapters 2 and 3, Division 1 of Part 1 of Chapter 4, and Parts 4, 5, and 6 of Chapter 4, as well as Chapter 5, will commence on 1 July 2013. Chapter 2 outlines the types of assistance the National Disability Insurance Scheme Launch Transition Agency (DisabilityCare Australia) can provide to support people with disabilities, while Chapter 3 details the process for individuals with disabilities to become participants in the scheme and the subsequent steps to develop personal goal-based plans and receive individualised supports. Division 1 of Part 1 of Chapter 4 establishes notification requirements for participants and prospective participants and empowers the Chief Executive Officer of DisabilityCare Australia to request information or documents to ensure the integrity of the scheme. Parts 4, 5, and 6 of Chapter 4 address child representatives, nominee appointments, and decision reviews, respectively. Chapter 5 sets out the circumstances under which a person may be required to claim compensation and when DisabilityCare Australia can initiate or take over a claim, as well as the calculation of a recoverable amount to enable the recovery of costs.
The Act imposes obligations on DisabilityCare Australia to provide assistance to people with disabilities, their families, carers, and other stakeholders. It also requires DisabilityCare Australia to ensure the integrity of the scheme by requesting information or documents as necessary. Additionally, the Act mandates that child representatives, nominees, and decision reviews be appropriately appointed and managed. DisabilityCare Australia is also responsible for initiating or taking over claims for compensation on behalf of participants and calculating recoverable amounts to recover the costs of supports already funded under DisabilityCare prior to a compensation claim being settled or a judgement.
Breaches of the Act may result in civil or criminal consequences. For instance, failure to provide the required information or documents to DisabilityCare Australia could be considered non-compliance with the Act and may lead to further action by the agency. However, the Explanatory Statement does not provide specific details on the penalties or consequences for non-compliance, and therefore, the exact nature of the penalties is not explicitly stated in the provided text.