Document ID: chunk:federal_register_of_legislation:C2024A00081:clause:1_30a:p2
Version: federal_register_of_legislation:C2024A00081
Segment Type: clause
Provision Reference: sch 1 cl 30A (pt 2/3)
Character Range: 27396–29954

the CEO within 90 days, or such longer period as is specified in the request, after that information or report is requested;
the CEO must, within 14 days after the last information or report is received:
 (c) make the decision under subsection (1); or
 (d) make a further request under subsection (5).
 (7) If:
 (a) information or one or more reports are requested under subsection (5); and
 (b) the information and each such report are not received by the CEO within 90 days, or such longer period as is specified in the request, after that information or report is requested;
the CEO must revoke the participant's status as a participant in the National Disability Insurance Scheme, unless the CEO is satisfied that it was reasonable for the participant, or the other person mentioned in paragraph (5)(a), not to have complied with the request made by the CEO within that period.
 (7A) In deciding for the purposes of subsection (7) whether or not it was reasonable for a participant or other person not to have complied with a request within a particular period, the CEO must have regard to the following matters:
 (a) the length of that period;
 (b) any previous failures by the participant to comply with a request for information made under this Act;
 (c) any previous failures by the other person to comply with a request for information made under this Act in relation to the participant;
 (d) the length of time since the CEO was last provided with information relevant to the making of the decision under subsection (1);
 (e) whether the failure to comply with the request was beyond the control of the participant or other person because of a delay in the provision of information to the participant or other person;
 (f) any matters prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph;
 (g) any other matters the CEO considers relevant.

Notice of decisions
 (8) The CEO must give a participant written notice of the following:
 (a) a decision of the CEO that the circumstance mentioned in subsection (1) applies in relation to the participant;
 (b) a decision under paragraph (1)(a) or (b) in relation to the participant;
 (c) a decision under paragraph (1)(c) or subsection (7) to revoke the participant's status as a participant in the National Disability Insurance Scheme.
 (9) The notice must state:
 (a) any details prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph; and
 (b) if paragraph (8)(c) applies—the date on which the revocation takes effect.