Document ID: chunk:federal_register_of_legislation:F2024L01257:reg:5:p1
Version: federal_register_of_legislation:F2024L01257
Segment Type: reg
Provision Reference: reg 5 (pt 1/2)
Character Range: 5924–8555

5  What supports are NDIS supports—general rule

Supports that are NDIS supports unless otherwise provided
 (1) For the purposes of subsection 10(1) of the NDIS Act, a support covered by column 2 of an item in the table in clause 1 of Schedule 1 to this instrument is an NDIS support (subject to subsections 10(4) and (9) of the NDIS Act and subsection (2) of this section) for:
 (a) participants specified in column 3 of the item who have old framework plans; and
 (b) prospective participants specified in column 3 of the item, other than prospective participants who, if they were participants, would be required to be given notice under subsection 32B(2) of the NDIS Act (participants that are to have new framework plans).
Note 1: Subsection 10(4) of the NDIS Act allows supports to be declared to not be NDIS supports for participants or prospective participants. Those supports are declared under subsection (2) of this section.
Note 2: Subsection 10(9) of the NDIS Act provides that a support is not an NDIS support for a participant or prospective participant if the support consists of the provision of:
(a) sexual services; or
(b) alcohol; or
(c) drugs, the possession of which is a contravention of a law of the Commonwealth, a State or a Territory.

Supports that generally are not NDIS supports
 (2) For the purposes of subsection 10(4) of the NDIS Act, a support covered by column 2 of an item in the table in clause 1 of Schedule 2 to this instrument is not an NDIS support for any participant (subject to subsection 10(6) of the NDIS Act) or prospective participant.
Note 1: Subsection 10(6) of the NDIS Act allows the CEO, on application by a participant, to determine that a support is taken to not be declared under subsection 10(4) of that Act in relation to the participant if, among other things, the CEO is satisfied that the support would replace one or more other supports that are NDIS supports for the participant.
Note 2: Determinations under subsection 10(6) of the NDIS Act are referred to in this instrument as replacement support determinations. For additional rules about replacement support determinations, see section 7 of this instrument.

Interpretive provision
 (3) A reference in this section to a provision of section 10 of the NDIS Act is a reference to the provision as modified (if at all) by item 124 of the amending Act.
Note: That item provides that, until the first National Disability Insurance Scheme rules are made for the purposes of subsection 10(1) of the NDIS Act, section 10 of that Act has effect as if a reference in that section to the National Disability Insurance Scheme