Document ID: chunk:federal_register_of_legislation:F2018L00602:body:0:p2
Version: federal_register_of_legislation:F2018L00602
Segment Type: other
Provision Reference: 
Character Range: 2740–5579

of the Act. This instrument makes the WA NDIS Model a prescribed program for the purpose of subparagraph 21(2)(b)(iii) of the Act. This instrument is to give effect to the agreement between the Commonwealth of Australia and WA to transition Existing WA NDIS Participants (including those aged 65 or over provided they were under 65 years when they became an Existing WA NDIS Participant) into the NDIS, to ensure the continuity of disability supports and services to those people.

    1.6 The Act sets out a number of objects and principles for the NDIS, to which this instrument gives effect. In giving effect to the objects, regard is to be had to the progressive implementation of the NDIS and the need to ensure the financial sustainability of the NDIS.
       Part 2 Prescribed program

    2.1 The WA NDIS Model is prescribed for the purposes of subparagraph 21(2)(b)(iii) of the Act.

    Note 1: To satisfy the requirement of subparagraph 21(2)(b)(i) of the Act, an Existing WA NDIS Participant must also be receiving supports under the WA NDIS Model at the time the CEO is considering their access request (see paragraph 21(2)(b) of the Act).

    Note 2: In addition to paragraph 21(2)(b) of the Act, the CEO must also be satisfied that an Existing WA NDIS Participant meets the requirements of paragraphs 21(2)(a) and (c) of the Act.

       Part 3 Other matters

Citation

    3.1 This instrument may be cited as the National Disability Insurance Scheme (Prescribed Program—Western Australia) Rules 2018.

Interpretation

    3.2 This instrument includes text that summarises provisions of the Act.

    3.3 This instrument does not relate to the preparation or management of a participant's plan. It relates to the access criteria to be considered against in order to become a participant. This instrument does not attempt to limit or affect the circumstances in which the CEO may be satisfied that a person meets the access criteria under the Act.

    3.4 Terms and expressions that are used in the Act have the same meaning in this instrument unless this instrument displays 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, or instruments made under the Act, are identified or reproduced in paragraph 3.5.

    3.5 In this instrument:

    Act means the National Disability Insurance Scheme Act 2013.

    Agency – see section 9 of the Act.

    CEO – see section 9 of the Act.

    Existing WA NDIS Participant has the same meaning as in paragraph 8.4 of the National Disability Insurance Scheme (Becoming a Participant) Rules 2016.

 NDIS means the National Disability Insurance Scheme (see section 9 of the