Document ID: chunk:federal_register_of_legislation:C2024A00081:clause:1_96
Version: federal_register_of_legislation:C2024A00081
Segment Type: clause
Provision Reference: sch 1 cl 96
Character Range: 98960–100660

96  After subsection 74(3)
Insert:
 (3A) If the plan is a new framework plan:
 (a) the CEO may, if satisfied that a circumstance mentioned in subsection (3C) exists, decide that:
 (i) a person mentioned in subsection (3B) is to manage a particular proportion of flexible funding provided under the plan; or
 (ii) a person mentioned in subsection (3B) is to manage funding provided under the plan for a particular stated support or class of stated supports; and
 (b) the statement of participant supports in the plan must give effect to the decision.
Note: The CEO may make more than one decision under subparagraph (a)(i) or (ii) for a particular plan if there is more than one person mentioned in subsection (3B) for whom such a decision can be made.
 (3B) For the purposes of subparagraphs (3A)(a)(i) and (ii), the persons are as follows:
 (a) the Agency;
 (b) the person mentioned in subsection (1), if the person has made a request covered by paragraph (2)(a);
 (c) a registered plan management provider, if the person mentioned in subsection (1) has made a request covered by paragraph (2)(b) that nominates the provider.
 (3C) For the purposes of paragraph (3A)(a), the circumstances are as follows:
 (a) the participant would be likely to suffer physical, mental or financial harm were the CEO to not make the decision;
 (b) section 46 (acquittal of NDIS amounts) has not been complied with in relation to the plan or any of the participant's previous plans;
 (c) a circumstance prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph.
 (3D) Paragraph (3A)(b) does not apply to funding to the extent that subsection (4) or (4A) applies to the funding.