Document ID: chunk:federal_register_of_legislation:C2024A00081:clause:1_32l:p2
Version: federal_register_of_legislation:C2024A00081
Segment Type: clause
Provision Reference: sch 1 cl 32L (pt 2/2)
Character Range: 56386–58468

the CEO must arrange for the replacement assessment to be undertaken; and
 (d) subsections (2) to (6) apply in relation to the replacement assessment in the same way as they applied in relation to the existing assessment; and
 (e) the replacement assessment is taken to replace the existing assessment; and
 (f) the needs assessment report prepared for the replacement assessment is taken to replace the needs assessment report prepared for the existing assessment.
Note: In reviewing a decision to approve a statement of participant supports, a reviewer or the Administrative Appeals Tribunal has all the powers of the CEO in making the original decision and must therefore arrange for a replacement assessment to be undertaken if satisfied as mentioned in paragraph (b) (subject to any applicable National Disability Insurance Scheme rules).
 (7A) The National Disability Insurance Scheme rules may make provision for determining any matter for the purposes of paragraph (7)(b), including by prescribing:
 (a) circumstances in which the CEO must or must not decide under that paragraph that another assessment should be undertaken; or
 (b) requirements with which the CEO must comply, methods or criteria that the CEO is to apply, or matters that the CEO may, must or must not take into account, in making a decision under that paragraph whether another assessment should be undertaken.

National Disability Insurance Scheme rules
 (9) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901 or subsection 209(1A) of this Act, National Disability Insurance Scheme rules made for the purposes of this section may make different provision for different classes of participants.
Note: In making National Disability Insurance Scheme rules for the purposes of this section, the Minister must have regard to the objects and principles of this Act (see in particular the principles set out in subsections 4(5), (9A) and (11)) and the financial sustainability of the National Disability Insurance Scheme: see subsection 209(3).

Subdivision C—Content of old framework plans