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National Disability Insurance Scheme (Prescribed Programs—New South Wales) Rules 2016

National Disability Insurance Scheme Act 2013 (the Act).

The Act establishes the National Disability Insurance Scheme (NDIS).

People who are participants in the NDIS will be assisted to develop a personal, goal‑based plan about how they will be provided with general supports and reasonable and necessary supports.

The NDIS will respect the interests of people with disability in exercising choice and control about matters that affect them.

National Disability Insurance Scheme (Prescribed Programs—New South Wales) Rules 2016

These Rules are made for the purposes of sections 21, 23 and 209 of the Act.

These Rules are about ensuring that people in New South Wales who are currently receiving supports from certain specified Commonwealth or State funded disability services will be supported as participants in the National Disability Insurance Scheme, including people who do not meet the residence requirements as prescribed in paragraphs 23(1)(a) and 23(1)(b) of the Act.

These Rules commence on the day after this instrument is registered.

The Hon Christian Porter MP
Minister for Social Services

Date: 5 May 2016

Contents

National Disability Insurance Scheme (Continuity of Support Arrangements—New South Wales) Rules 2016

Part 1 What these Rules are about

Part 2 Outline of these Rules

Part 3 When does a person meet the access criteria? 7
Residence requirements 7
The qualifying time 7
The qualifying period 7
The qualifying programs 8

Part 4 Other matters 11
Citation 11
Interpretation 11

       Part 1 What these Rules are about

    1.1 The NDIS was initially implemented in certain areas throughout Australia. In New South Wales, the NDIS was initially implemented in the areas listed in the National Disability Insurance Scheme (Becoming a Participant) Rules 2013.

    1.2  The Government of the Commonwealth and the Government of New South Wales have agreed that the NDIS will be implemented throughout the entirety of New South Wales, on a staged basis: see the National Disability Insurance Scheme (Becoming a Participant) Rules 2016 and the National Disability Insurance Scheme (Facilitating the Preparation of Participants' Plans—New South Wales) Rules 2016.

    1.3 As part of this implementation, certain Commonwealth and New South Wales disability services which are currently being provided in New South Wales will cease to be provided and the funding applicable to those programs transferred to the NDIS.

    1.4  Some persons who are currently receiving supports from such programs may not meet the access criteria set out in section 21(1) of the Act.

    1.5 These Rules are about ensuring that the transition to full roll-out of the NDIS in New South Wales does not disadvantage those in New South Wales with a disability who, prior to the full roll-out of the NDIS, was receiving disability