Document ID: chunk:federal_register_of_legislation:F2016C00734:body:0:p2
Version: federal_register_of_legislation:F2016C00734
Segment Type: other
Provision Reference: 
Character Range: 2780–5519

transition, participants will be phased into the NDIS. There are two steps involved in accessing supports under the NDIS. The first is to become a participant where a person makes an access request and the CEO decides whether they meet the access criteria. The second is for the participant to have a plan approved by the CEO of the Agency. These Rules relate to the second step, and the order in which the CEO will commence the facilitation of the preparation of plans for different groups, known as 'classes', of participants.

    1.3 These Rules explain how participants in Queensland will be phased into the NDIS. The Rules set out the process for working out when the CEO must commence facilitating the preparation of the plan of a participant in Queensland.

    1.6 The phasing schedule is intended to give effect to agreements that have been reached between the Commonwealth of Australia and the State of Queensland.

    1.7 The Act sets out a number of objects and principles for the NDIS, to which these Rules give effect. In giving effect to the objects, regard is to be had to the progressive implementation of the NDIS and the need to ensure the financial sustainability of the NDIS.

       Part 2 Preparation of plans for residents of Queensland

    2.1 Once a person becomes a participant, the CEO can commence facilitating the preparation of a plan for the person. The process for commencing the facilitation of the preparation of plans for participants in Queensland is detailed below.

    2.2 The table in paragraph 2.5 sets out the classes of Queensland participants and sets out the circumstances in, or period within, which the CEO is to commence the facilitation of the preparation of those participants' plans.

    2.3 The CEO's decisions to commence facilitating the preparation of plans for classes are tied to timing specified in the table in paragraph 2.5. The CEO need not be satisfied that all participants in a particular class have had their plans facilitated before moving to the next class. Further, the classes do not close at any point in time.

    2.4 In urgent circumstances, the CEO can commence the facilitation of the preparation of a participant's plan at a particular time, despite the timing set out in the table in paragraph 2.5. If the CEO does so, the CEO is able to delay the commencement of the facilitation of the preparation of other participants' plans, so far as is reasonably necessary, even if that delay would be contrary to that timing.

                     Paragraph 2.4 summarises the effect of subsection 32A(3) of the Act.

    2.5 The classes of participants, and the circumstances in, or period within, which the CEO is to commence facilitating the preparation