Document ID: chunk:federal_register_of_legislation:F2016L00791:body:0:p5
Version: federal_register_of_legislation:F2016L00791
Segment Type: other
Provision Reference: 
Character Range: 12459–15445

the commencement of the facilitation of the preparation of plans for persons who have individual funding arrangements for disability services with the State of New South Wales should be prioritised;

       (b) that the facilitation of the preparation of plans for supported accommodation residents should be done in a way that:

           (i) takes into account the intensive planning and support required for that facilitation; and

           (ii) enables, where practicable, participants who reside in the same home or facility to have their plans facilitated contemporaneously;

       (c) that where practicable, participants receiving services from the same provider should have their plans facilitated contemporaneously;

       (d) that the Agency should retain the capacity to facilitate the preparation of plans of participants who do not receive Commonwealth disability services or New South Wales disability services.

    2.11 Paragraph 2.10 does not limit the matters that the CEO may take into account in making a decision.

Consultation

    2.12 In making a decision under paragraph 2.9, or considering whether to make such a decision, the CEO must also, where practicable, seek the views of the Government of New South Wales and have regard to those views (if any).

    2.13 If the table in paragraph 2.8 requires that a decision be made on or after a particular date, and the CEO is considering making that decision after that date, the CEO must, as early as possible:

       (a) seek the views of the Government of New South Wales and of the Commonwealth Department that administers the Act about the proposed decision (including their views about the effect that making the decision would have on arrangements agreed between the Commonwealth and New South Wales for the funding of the NDIS); and

       (b) use his or her best endeavours to reach an agreement with those entities about the proposed decision.

       Part 3 Other matters

Citation

    3.1 These Rules may be cited as the National Disability Insurance Scheme (Facilitating the Preparation of Participants' Plans—New South Wales) Rules 2016.

Interpretation

    3.2 These Rules include text that summarises provisions of the Act. The boxed notes identify such text, which does not form an operative part of these Rules.

    3.3 Terms and expressions that are used in the Act have the same meaning in these Rules unless these Rules display a contrary intention—see the Acts Interpretation Act 1901 and the Legislation Act 2003, which include definitions and rules of interpretation that apply to all Commonwealth legislation. For convenience, the more important definitions from the Act are identified or reproduced in paragraph 3.4.

    3.4 In these Rules:

    Act means the National Disability Insurance Scheme Act 2013.

    Agencysee section 9 of the Act.

    CEOsee section 9 of the Act.

    childsee section 9 of the Act.

    Commonwealth disability services means