Document ID: chunk:federal_register_of_legislation:F2024L01257:reg:6
Version: federal_register_of_legislation:F2024L01257
Segment Type: reg
Provision Reference: reg 6
Character Range: 8644–10825

6  Transitional rule for certain pre‑commencement plans
 (1) This section applies in relation to a participant if the plan that is in effect for the participant includes a statement of participant supports approved by the CEO before the commencement of Schedule 1 to the amending Act.
 (2) A support specified in the statement as a reasonable and necessary support for the participant for the purposes of paragraph 33(2)(b) of the NDIS Act is taken to be an NDIS support for the participant if:
 (a) the support is expressed in the statement to be a stated support; or
 (b) the Administrative Appeals Tribunal, in making any of the following decisions before the commencement of Schedule 1 to the amending Act:
 (i) a decision to vary the statement;
 (ii) a decision to approve the statement, having set aside the approval of a different statement of participant supports for the participant;
 (iii) a decision to remit the approval of a statement of participant supports for the participant for reconsideration by the CEO;
  made a decision to the effect that that particular support should be specified in, or funded under, the plan as a reasonable and necessary support.
 (3) For the purposes of subparagraph (2)(b)(iii), it does not matter:
 (a) whether the Tribunal remitted the approval of the statement in accordance with any directions or recommendations of the Tribunal; or
 (b) whether the Tribunal also set aside the approval of the statement.
 (4) Subsection (2) applies:
 (a) despite subsection 10(4) of the NDIS Act and subsection 5(2) of this instrument; but
 (b) subject to subsection 10(9) of the NDIS Act.
Note 1: Subsection 10(4) of the NDIS Act allows supports to be declared to not be NDIS supports for participants or prospective participants. Those supports are declared under subsection 5(2) of this instrument.
Note 2: Subsection 10(9) of the NDIS Act provides that a support is not an NDIS support for a participant if the support consists of the provision of:
(a) sexual services; or
(b) alcohol; or
(c) drugs, the possession of which is a contravention of a law of the Commonwealth, a State or a Territory.

Part 3—Replacement support determinations