Document ID: chunk:federal_register_of_legislation:F2018C00054:body:0:p3
Version: federal_register_of_legislation:F2018C00054
Segment Type: other
Provision Reference: 
Character Range: 5289–8063

to do so, in light of the number of participants in previous classes whose plans have been dealt with, and the number yet to be dealt with.

    2.3 The CEO's decisions to commence facilitating the preparation of plans for classes are tied to the sequence specified in the table at paragraph 2.6. Otherwise, the sequence of classes is not inflexible. The CEO need not be satisfied that all participants in a particular class have had their plans facilitated before moving on to the next class;  the Agency might have the capacity to commence the facilitation  of plans in Class 2 before having fully completed that task for Class 1. Further, the classes do not close at any point in time.  For example, a person in Class 1 who becomes a participant after the Agency has started to facilitate plans for Class 2 participants can still have their plan facilitated while participants in Class 2 are having their plans facilitated.

    2.4 If a participant who is a resident of an NDIS area in Tasmania does not fall within one of the classes in the table, the CEO is to commence facilitating the preparation of the participant's plan as soon as reasonably practicable having regard to the CEO's obligations to commence facilitating the preparation of other participants' plans. Such participants are not part of the phasing sequence set out in the table; their plans will be facilitated as soon as reasonably practicable after they become participants. This ensures equity of access to the NDIS for such participants, including where there is an unmet need for the participant.

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

    2.5 In urgent circumstances, the CEO can commence the facilitation of the preparation of a participant's plan at a particular time, despite the sequence set out in the table in paragraph 2.6. 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 sequence.

Paragraph 2.5 summarises the effect of subsection 32A(3) of the Act.

    2.6 The seven classes of participants, and the time at which the CEO is to commence the facilitation of the preparation of plans for participants in those classes, are as follows:

Class    Participants in the class                              Period or circumstances in which the CEO is to commence the facilitation of the preparation of the participants' plans
Class 1  Participants who:                                      From the day on which these Rules commence.

           a)      are aged at least 15, and under 25; and

           b)     were aged under 25 on 1 July 2013.
Class 2  Participants aged at least