Document ID: chunk:federal_register_of_legislation:F2013L01063:body:0:p6
Version: federal_register_of_legislation:F2013L01063
Segment Type: other
Provision Reference: 
Character Range: 13649–16760

through the NDIS

    3.5 Schedule 1 sets out matters for the CEO to have regard to in considering whether supports are most appropriately funded or provided through the NDIS, rather than through other service systems (service systems is defined in paragraph 6.4).

    3.6 The matters to have regard to are set out under the following headings in the Schedule:

       (a) Health (excluding mental health);

       (b) Mental health;

       (c) Child protection and family support;

       (d) Early childhood development;

       (e) School education;

       (f) Higher education and vocational education and training;

       (g) Employment;

       (h) Housing and community infrastructure;

       (i) Transport;

       (j) Justice.

    3.7 Where particular supports are set out in the Schedule as being appropriately funded or provided through the NDIS, the CEO must still be satisfied of a number of other matters in order for the supports to be funded or provided (see paragraphs 2.3(a)-(e) of these Rules and paragraphs 34(a)-(e) of the Act).

       Part 4 Needs assessment

Method

    4.1 When deciding whether or not to approve a statement of participant supports under section 33 of the Act, the CEO is to:

       (a) identify the participant's goals, aspirations, strengths, capacity, circumstances and context; and

       (b) assess activity limitations, participation restrictions and support needs arising from a participant's disability; and

       (c) assess risks and safeguards in relation to the participant; and

       (d) relate support needs to the participant's statement of goals and aspirations.

Use of assessment tools

    4.2 When following the method in paragraph 4.1, the CEO is to make assessments of the matters that relate to the decision using any appropriate tools that are specified in operational guidelines in accordance with this Part from time to time.

    4.3 The CEO is to ensure that tools are applied appropriately to each participant. For example, a participant should not be assessed on matters that are not relevant to them.

Specification of assessment tools in guidelines

    4.4 The CEO is to specify, in operational guidelines, assessment tools to be used under paragraph 4.2 to make assessments of matters relating to a decision about participant supports.

    4.5 Without limitation, the CEO may specify:

       (a) different tools to be used for adults and children; and

       (b) tools that are specifically tailored to particular impairments.

    4.6 A tool must:

       (a) be designed to ensure the fair and transparent assessment of reasonable and necessary supports for participants (including early intervention supports); and

       (b) have reference to areas of activity and social and economic participation identified in the World Health Organisation International Classification of Functioning, Disability and Health as in force from time to time.

       Part 5 General criteria for supports, and supports that will not be funded or provided

General criteria for supports

    5.1 A support will not be