Document ID: chunk:federal_register_of_legislation:F2018C00054:body:0:p5
Version: federal_register_of_legislation:F2018C00054
Segment Type: other
Provision Reference: 
Character Range: 10190–12987

may make a decision mentioned in column 3 of the table at paragraph 2.6 before the date mentioned for that decision.  Such a decision may only be made if:

       (a)   the CEO decides that the Agency has the capacity to commence the facilitation of the preparation of plans for participants in the relevant class before the date; and

       (b)   the decision would not adversely affect the facilitation of the plans of participants in other classes; and

       (c)   the Governments of Tasmania and the Commonwealth agree to the CEO making the decision.

    2.7 Participants who are co-residents in Tasmanian‑funded shared Supported Accommodation will have their plans facilitated at the same time.  As such, a participant who:

       (a)   lives in Tasmanian‑funded shared Supported Accommodation;

       (b)   lives with one or more participants who belong to one of the above classes; and

       (c)   would belong to a class later than a class to which one or more participants with whom they live belongs,

    will be considered to be within the earliest of the classes to which a participant with whom they live belongs.

    2.8 To avoid doubt, a person may be in more than one class.  In practice, this means that they will be treated as being in the first of those classes. For example, a participant who is a member of Class 1 and Class 2 will be phased in as a member of Class 1.

    2.9 If the CEO is considering making a decision referred to in the third column of the table in paragraph 2.6 after the date mentioned in that column, the CEO must, as early as possible:

       (a)   seek the views of the Government of Tasmania 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 Tasmania 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.

Subclasses

    2.10 Among the participants in Classes 1 to 7 (a main class), the CEO may decide that there are one or more classes (subclasses) of participants, constituted by reference to:

       (a)   whether the participants have previously accessed supports; or

       (b)   the identity of the provider of services to the participants; or
       (c)   the kind of services provided to the participants; or

       (d)   for supported accommodation residents—the home or facility in which they reside; or

       (e)   the participant's age.

    2.11 For each subclass, the CEO is to commence facilitating the preparation of plans for participants in the subclass when the CEO decides that it is appropriate to do so, having regard to the progress of