The national disability insurance scheme handbook

Description

Cover Page Full Title Copyright Preface Table of Contents PART A Introduction Chapter 1 Background Summary Commentary Introduction Productivity Commission reference Productivity Commission report The legislation Objects and principles Provision of assistance by the Agency Planned review Legislation Rules Chapter 2 Launch Summary Commentary Introduction Launch Transition Agency Launch sites Legislation Rules PART B Eligibility Chapter 3 Participant Eligibility — Age Summary Commentary Legislation Rules Chapter 4 Participant Eligibility — Residence Summary Commentary Introduction Reside in Australia Residence during the launch phase Residence of children Children Continuing residence Australian citizen Permanent visa holder Protected special category visa holder Legislation Rules Chapter 5 Participant Eligibility — Disability or Early Intervention Summary Commentary Introduction Disability requirement Permanent impairment Substantially reduced functional capacity Listed conditions Early intervention requirements Criteria to be applied for early intervention Listed conditions Legislation Rules Chapter 6 Participant Eligibility — Alternative Way Summary Commentary Legislation Rules PART C Compensation Chapter 7 Compensation Claims and Recoveries Summary Commentary Introduction Requirement to seek compensation Taking reasonable action The issue of a notice Reasonable prospects of success Personal injury compensation Pre-existing agreements regarding compensation Suspension of participant’s plan Advice in anticipation of settlements Pursuit of compensation by CEO Potential for conflicts of interest If compensation is recovered The recoverable amount Notices to compensation payers and insurers Legislation Rules PART D Applications, Plans and Providers Chapter 8 Applications Summary Commentary Access requests Further information Extension of time frames during launch Deciding whether a person meets the access criteria When a person becomes a participant If an access request is denied Legislation Rules Chapter 9 Participants’ Plans, Supports and Funding Summary Commentary Matters to be included in a participant’s plan Approving a plan Reasonable and necessary supports Value for money Effective and beneficial and good practice Reasonable family, carer and other support Supports appropriately funded or provided through the NDIS Information and reports for preparing and approving plans Needs assessment The operational guidelines: Planning and Assessment — Assessment of Participant Needs Supports that will not be funded When a plan is in effect Grace periods Suspension of plans Managing the funding for supports Payment of NDIS amounts Reviewing and changing plans Legislation Rules Chapter 10 Supports Providers Summary Commentary Introduction Applying Requirements Revocation Legislation Rules PART E Powers and Decisions Chapter 11 CEO Enquiry Powers Summary Commentary CEO appointment and general powers CEO powers relevant to access requests CEO powers relevant to participant supports Powers to obtain information from participants and prospective participants Powers to obtain information from other persons Failure to comply Funding for review of decisions Legislation Rules Chapter 12 Review of Decisions Summary Commentary Reviewable decisions Notice must be given Form of request for review Implementation or variation of decision Internal review mechanism External review mechanism Appeals to a court Review and appeal costs Legislation Rules AAT Practice Direction PART F Privacy Chapter 13 Privacy Summary Commentary Introduction Protected information Recording and disclosure Research, analysis and policy development Offences Protections Disclosure by the CEO Enforcement of laws Mistake of fact Ministerial briefing Missing or deceased person Agencies responsible for children Interaction with other laws Legislation Rules PART G Children and Nominees Chapter 14 Children Summary Commentary Introduction Definitions and guiding principles Children and parental responsibility The ‘mature minor’ Duty to children Revocation of determinations Legislation Rules Chapter 15 Nominees Summary Commentary Introduction What is a nominee? Appointment of a nominee Duties of a nominee Plan nominees Correspondence nominees Notices to nominees about the nominees’ capacity Notices to nominees about disposal of NDIS amounts Notices directed to participants, despite existence of nominee Rights of nominees Cancelling or suspending a nominee’s appointment Liability Legislation Rules PART H Exit Chapter 16 Ceasing to Be a Participant and Revocation Summary Commentary Introduction Death and age Revocation Voluntary withdrawal Suspension Suspension — launch phase issues Effect of suspension Legislation Rules Appendix A Appendix B Index