Document ID: chunk:federal_register_of_legislation:C2024A00081:clause:1_129
Version: federal_register_of_legislation:C2024A00081
Segment Type: clause
Provision Reference: sch 1 cl 129
Character Range: 128572–130462

129  Old framework plans—content and approval of statement of participant supports
(1) Subject to subitem (3), sections 33, 34 and 35 of the National Disability Insurance Scheme Act 2013, as in force on and after the commencement of this Schedule, apply in relation to a statement of participant supports included in an old framework plan for a participant if the statement is approved or varied on or after that commencement.
(2) Subitem (1) applies:
 (a) whether the participant becomes a participant; and
 (b) in the case of a variation—whether the plan comes into effect;
before, on or after that commencement.
(3) Subsection 33(2A) of the National Disability Insurance Scheme Act 2013, as in force on and after the commencement of this Schedule, applies in relation to a statement of participant supports included in an old framework plan for a participant if:
 (a) the statement is approved on or after the commencement (the determination commencement) of the first determination made under subsection 33(2E) of that Act (as inserted by this Schedule); and
 (b) the decision to approve the statement is not covered by subitem (4).
(4) This subitem covers the following decisions made on or after the determination commencement:
 (a) a decision made by a reviewer under subsection 100(6) of the National Disability Insurance Scheme Act 2013 on review of a decision made by a decision‑maker before the determination commencement;
 (b) a decision, made by the Administrative Appeals Tribunal, on review of a decision made by a reviewer under that subsection:
 (i) before the determination commencement; or
 (ii) on or after the determination commencement, if the decision reviewed by the reviewer was made by a decision‑maker before the determination commencement.
(5) Subitem (3) applies whether the participant becomes a participant before, on or after the determination commencement.