Document ID: chunk:federal_register_of_legislation:C2024A00081:clause:1_63:p1
Version: federal_register_of_legislation:C2024A00081
Segment Type: clause
Provision Reference: sch 1 cl 63 (pt 1/2)
Character Range: 73504–76197

63  After subsection 43(2)
Insert:
 (2A) If the plan is a new framework plan:
 (a) the CEO may, if satisfied that a circumstance mentioned in subsection (2C) exists, decide that:
 (i) a person mentioned in subsection (2B) is to manage a particular proportion of flexible funding provided under the plan; or
 (ii) a person mentioned in subsection (2B) is to manage funding provided under the plan for a particular stated support or class of stated supports; and
 (b) the statement of participant supports in the plan must give effect to the decision.
Note: The CEO may make more than one decision under subparagraph (a)(i) or (ii) for a particular plan if there is more than one person mentioned in subsection (2B) for whom such a decision can be made.
 (2AA) The statement of participant supports for a new framework plan must provide for the funding for supports under the plan to be wholly managed by the Agency if:
 (a) in the case the participant has made a plan management request covered by paragraph (1)(a) and the participant does not have a plan nominee—the participant has been convicted of an offence against a law of the Commonwealth, a State or a Territory that:
 (i) is punishable by imprisonment for 2 years or more; or
 (ii) involves fraud or dishonesty; or
 (b) in the case the participant has made a plan management request covered by paragraph (1)(a) and the participant has a plan nominee—the plan nominee has been convicted of an offence against a law of the Commonwealth, a State or a Territory that:
 (i) is punishable by imprisonment for 2 years or more; or
 (ii) involves fraud or dishonesty.
 (2B) For the purposes of subparagraphs (2A)(a)(i) and (ii), the persons are as follows:
 (a) the Agency;
 (b) the participant, if the participant has made a plan management request covered by paragraph (1)(a) and the participant does not have a plan nominee;
 (c) if:
 (i) the participant has a plan nominee; and
 (ii) the participant has made a plan management request covered by paragraph (1)(a); and
 (iii) the decision would be consistent with the terms of the plan nominee's appointment;
  the plan nominee;
 (d) a registered plan management provider, if the participant has made a plan management request covered by paragraph (1)(b) that nominates the provider.
 (2C) For the purposes of paragraph (2A)(a), the circumstances are as follows:
 (a) the participant would be likely to suffer physical, mental or financial harm were the CEO to not make the decision;
 (b) section 46 (acquittal of NDIS amounts) has not been complied with in relation to the plan or any of the participant's previous plans;
 (c) a circumstance prescribed by the National Disability Insurance