Document ID: chunk:federal_register_of_legislation:F2016L00791:body:0:p2
Version: federal_register_of_legislation:F2016L00791
Segment Type: other
Provision Reference: 
Character Range: 2660–5383

of objects and principles for the NDIS, to which these Rules give 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 Preparation of plans for residents of New South Wales

    2.1 Once a person becomes a participant, the CEO can commence facilitating the preparation of a plan for the person. The process for commencing the facilitation of the preparation of plans for participants in New South Wales is detailed below.

    2.2 The table in paragraph 2.7 sets out two classes of New South Wales participants and sets out the circumstances in which the CEO is to commence the facilitation of the preparation of those participants' plans. The CEO will deal with each class sequentially; facilitation for a class will be commenced once the CEO has decided that the Agency has the capacity to do so, in light of the number of participants in previous classes whose plans have been dealt with, and the number yet to be dealt with.

    2.3 The CEO's decisions to commence facilitating the preparation of plans for classes are tied to particular dates. Sometimes the decision must be made before a particular date; sometimes the decision must be made after a particular date.

    2.4 Otherwise, the sequence of classes is generally flexible. The CEO need not be satisfied that all participants in a particular class have had their plans facilitated before moving on to the next class; for example, the Agency has the capacity to commence the facilitation of plans in Class 2 before having fully completed that task for Class 1. Further, the classes do not close at any point in time. For example, a person in Class 1 who becomes a participant after the Agency has started to facilitate plans for Class 2 participants can still have their plan facilitated while participants in Class 2 are having their plans facilitated.

    2.5 If a participant who is a resident of an NDIS area in New South Wales does not fall within one of the classes in the table, the CEO is to commence facilitating the preparation of the participant's plan as soon as reasonably practicable having regard to the CEO's obligations to commence facilitating the preparation of other participants' plans. Such participants are not part of the phasing sequence set out in the table; their plans will be facilitated as soon as reasonably practicable after they become participants. This ensures equity of access to the NDIS for such participants.

                     Paragraph 2.5 summarises the effect of subsection 32(3) of the Act.

    2.6 In urgent circumstances, the CEO can commence the facilitation of the