EXPLANATORY STATEMENT
National Disability Insurance Scheme (Host Jurisdiction) Amendment Specification 2014
Summary
This Specification is made under section 10 of the National Disability Insurance Scheme Act 2013 (the Act), and amends the National Disability Insurance Scheme (Host Jurisdiction) Specification 2013 (the 2013 Specification).
Background
Section 10 of the Act provides for the Minister to specify by legislative instrument that a State or Territory is a host jurisdiction for the purposes of the Act, with the agreement of the State or Territory. The 2013 Specification specified the Australian Capital Territory, New South Wales, South Australia, Tasmania and Victoria as host jurisdictions. Since the 2013 Specification was made, Western Australia and the Northern Territory have agreed to be host jurisdictions and signed bilateral agreements with the Commonwealth, which confirm the operational and funding details for trials of the National Disability Insurance Scheme in launch sites, and their status as host jurisdictions. This Specification adds Western Australia and the Northern Territory to the list of specified host jurisdictions.
Explanation of the provisions
Section 1 states the name of the specification.
Section 2 provides that the specification commences on the day it is registered on the Federal Register of Legislative Instruments.
Section 3 provides that the table in Schedule 1 to the 2013 Specification is to be amended by adding Western Australia and Northern Territory. This has the effect of specifying Western Australia and the Northern Territory as host jurisdictions for the purposes of section 10 of the Act. These amendments do not affect the status of the Australian Capital Territory, New South Wales, South Australia, Tasmania and Victoria, which have previously been specified as host jurisdictions.
Consultation
The Commonwealth has entered into bilateral agreements with the new host jurisdictions (i.e. Western Australia and the Northern Territory) and notified existing host jurisdictions of the addition of the new host jurisdictions.
Regulatory Impact Analysis
The specification, of itself, is not regulatory in nature, will not impact on business activity and will have no compliance costs or competition impact.
Overview
The National Disability Insurance Scheme (Host Jurisdiction) Amendment Specification 2014 amends the National Disability Insurance Scheme (Host Jurisdiction) Specification 2013 to include Western Australia and the Northern Territory as host jurisdictions under the National Disability Insurance Scheme Act 2013. This legislative instrument was enacted to address the need for formal recognition of additional jurisdictions willing to participate in the implementation and trial of the National Disability Insurance Scheme (NDIS). The specification was made under section 10 of the NDIS Act, allowing the Minister to specify host jurisdictions with the agreement of the respective states or territories. This amendment follows bilateral agreements between the Commonwealth and the new host jurisdictions, which outline the operational and funding details necessary for the NDIS trials in these areas. The policy objective of this amendment is to expand the scope of the NDIS to include more regions, thereby enhancing the reach and effectiveness of the scheme across Australia.
Scope and Application
The National Disability Insurance Scheme (Host Jurisdiction) Amendment Specification 2014 amends the National Disability Insurance Scheme (Host Jurisdiction) Specification 2013 by adding Western Australia and the Northern Territory as host jurisdictions for the purposes of the National Disability Insurance Scheme Act 2013. This addition is pursuant to section 10 of the Act, which allows the Minister to specify a State or Territory as a host jurisdiction with the agreement of that State or Territory. This legislative instrument clarifies the jurisdictional scope of the National Disability Insurance Scheme, ensuring that Western Australia and the Northern Territory are included in the scheme’s operational framework. The amendments do not alter the status of previously specified host jurisdictions: the Australian Capital Territory, New South Wales, South Australia, Tasmania, and Victoria. The Specification does not impose any regulatory burdens, compliance costs, or competition impacts on businesses or individuals, as it serves to update the jurisdictional parameters of the scheme.
Key Provisions
The National Disability Insurance Scheme (Host Jurisdiction) Amendment Specification 2014 (the Specification) amends the National Disability Insurance Scheme (Host Jurisdiction) Specification 2013 (the 2013 Specification) by adding Western Australia and the Northern Territory as host jurisdictions under section 10 of the National Disability Insurance Scheme Act 2013 (the Act) (section 3). The Specification comes into effect on the day it is registered on the Federal Register of Legislative Instruments (section 2).
The Specification requires the Minister to specify Western Australia and the Northern Territory as host jurisdictions, in accordance with section 10 of the Act, with the agreement of these jurisdictions (section 3). This amendment does not alter the status of the Australian Capital Territory, New South Wales, South Australia, Tasmania, and Victoria, which were previously designated as host jurisdictions in the 2013 Specification.
The Act imposes on the Commonwealth the obligation to enter into bilateral agreements with the host jurisdictions, confirming the operational and funding details for trials of the National Disability Insurance Scheme in launch sites and their status as host jurisdictions (section 10). Additionally, the Commonwealth is required to notify the existing host jurisdictions of the addition of Western Australia and the Northern Territory (section 10).
The Specification does not establish any offences, penalties, or civil or criminal consequences for breaches, as it is not regulatory in nature and will not impact on business activity or impose compliance costs or competition impacts (Explanatory Statement). Given the non-regulatory nature of the Specification, there are no specific maximum penalties outlined within the text.