Document ID: chunk:federal_register_of_legislation:C2022A00027:clause:1_47a:p2
Version: federal_register_of_legislation:C2022A00027
Segment Type: clause
Provision Reference: sch 1 cl 47A (pt 2/3)
Character Range: 18924–21513

supports, the CEO must have regard to the matters set out in subsection (3) of this section.

Variation on request of participant or CEO's own initiative
 (2) The CEO may vary the participant's plan on request of the participant or on the CEO's own initiative.

Requirements of CEO
 (3) In varying the participant's plan in relation to the statement of participant supports, the CEO must:
 (a) have regard to the participant's statement of goals and aspirations; and
 (b) have regard to relevant assessments conducted in relation to the participant; and
 (c) be satisfied as mentioned in section 34 in relation to the reasonable and necessary supports that will be funded and the general supports that will be provided; and
 (d) apply the National Disability Insurance Scheme rules (if any) made for the purposes of section 35; and
 (e) have regard to the principle that a participant should manage the participant's plan to the extent that the participant wishes to do so; and
 (f) have regard to the operation and effectiveness of any previous plans of the participant.

Decision on request
 (4) If the participant requests a variation of the participant's plan, the CEO must before the end of the period of 21 days beginning on the day the CEO receives the request:
 (a) make a decision under subsection (1) varying the plan; or
 (b) make a decision not to vary the plan; or
 (d) inform the participant that the CEO requires further time to decide whether or not the plan needs to be varied.
Note: If the CEO informs the person that the CEO requires further time to decide whether or not the plan needs to be varied, see subsection (8) for the period for making a decision on the request.
 (5) If the CEO does not do a thing under subsection (4) within that 21‑day period, the CEO is taken to have decided not to vary the plan.

Matters to which the CEO must have regard
 (6) The National Disability Insurance Scheme rules may set out matters to which the CEO must have regard:
 (a) in deciding whether to vary a participant's plan on the CEO's own initiative; or
 (b) in doing a thing under subsection (4).

Time for decision on request
 (8) If, under paragraph (4)(d), the CEO informs the participant that the CEO requires further time to decide whether or not the plan needs to be varied, the CEO must then vary the plan under subsection (1) or make a decision not to vary the plan:
 (a) within the period worked out in accordance with the National Disability Insurance Scheme rules prescribed for the purposes of this paragraph (which may take account of section 50 (information and