Document ID: chunk:federal_register_of_legislation:F2016L00792:body:0:p2
Version: federal_register_of_legislation:F2016L00792
Segment Type: other
Provision Reference: 
Character Range: 2724–5605

Rules are about ensuring that the transition to full roll-out of the NDIS in New South Wales does not disadvantage those in New South Wales with a disability who, prior to the full roll-out of the NDIS, was receiving disability services under certain Commonwealth or New South Wales programs but do not meet the residence requirements as prescribed in paragraphs 23(1)(a) and 23(1)(b) of the Act.

    1.6 These Rules are made for the purpose of subsection 21(2) of the Act and are intended to give effect to agreements that have been reached between the Government of the Commonwealth and the Government of New South Wales.

    1.7 The Act sets out a number of objects and principles for the NDIS. The following are particularly relevant to these Rules:

Objects
       (a) to support the independence and social and economic participation of people with disability;

       (b) to facilitate the development of a nationally consistent approach to the access to, and the planning and funding of, supports for people with disability;

Principles
       (c) people with disability should be supported to participate in and contribute to social and economic life to the extent of their ability;

       (d) people with disability and their families and carers should have certainty that people with disability will receive the care and support they need over their lifetime;

       (e) people with disability should be supported to receive reasonable and necessary supports, including early intervention supports.

       Part 2 Outline of these Rules

    2.1 A person, or someone who is able to act on their behalf, may make a request (an access request) under the Act to become a participant in the NDIS. Participants will develop a personal goal-based plan which may provide for supports for the participant (for residents of New South Wales, this will be in accordance with the timeframes and requirements set out in the National Disability Insurance Scheme (Facilitating the Preparation of Plans – NSW) Rules 2016).

    2.2 A person becomes a participant in the NDIS on the day the CEO of the Agency decides they meet the access criteria.

                     This summarises subsection 28(1) of the Act.

    2.3 The Act sets out when a person meets the access criteria.

    2.4 Under subsection 21(1), a person meets the access criteria if the CEO is satisfied that they meet each of the following:

       (a) the age requirements;

       (b) the residence requirements;

       (c) either the disability requirements or the early intervention requirements.

                     This summarises subsection 21(1) of the Act.

    2.5  Subsection 21(2) of the Act sets out an alternative method by which a person may meet the access criteria. If the CEO is not satisfied that a person meets the requirements set out in subsection 21(1) of the Act, the person