Document ID: chunk:federal_register_of_legislation:F2013L01414:body:0:p3
Version: federal_register_of_legislation:F2013L01414
Segment Type: other
Provision Reference: 
Character Range: 5657–8564

determining the reasonable and necessary supports that will be funded under the NDIS.

       Part 3 Compensation

Application

    3.1 This Part applies in relation to a person who is a participant, or who later becomes a participant, if the impairment of the person was caused to any extent by a personal injury, and one of the following cases applies:

       (a) the person received compensation under a judgement or settlement in respect of the injury in which:

           (i) it is possible to identify the NDIS component of the amount of compensation (NDIS component is defined in paragraph 4.4); and

           (ii) the component is either fixed by a non-consent judgement or is objectively identifiable (eg commutation of benefits under a statutory scheme); or

       (b) the person received compensation under a judgement or settlement in respect of the injury that:

           (i) does not satisfy paragraph (a) and

           (ii) fixes an amount of compensation in respect of the injury; or

       (c) the person is receiving compensation under a scheme of insurance or compensation under a Commonwealth, State or Territory law, including a payment under a contract entered into under such a scheme; or

       (d) the person:

           (i) entered into an agreement to give up a right to compensation in respect of the injury; and

           (ii) because of that agreement, there are amounts that the person did not receive by way of a compensation payment (even if the person received other amounts by way of compensation payment in respect of the injury); and

           (iii) the CEO is not satisfied that it was reasonable, in the circumstances, for the person to have entered into the agreement.

    3.2 For paragraph 3.1(d)(iii), in considering whether the person's entry into the agreement was reasonable, the CEO must have regard to the following matters:

       (a) the disability of the participant or prospective participant, including whether the disability affected his or her ability to reasonably assess the terms of the agreement;

       (b) the circumstances which gave rise to the entitlement or possible entitlement to compensation;

       (c) any reasons given by the participant or prospective participant as to why he or she entered into the agreement;

       (d) the impact (including any financial impact) on the participant or prospective participant and his or her family that would have occurred if the claim for compensation had been pursued or continued;

       (e) any other matter the CEO considers relevant, having regard to the objects and principles set out in Part 2 of Chapter 1 of the Act.

    3.3 For this Part, if the NDIS component of compensation under a judgement or settlement includes an element that consists of periodic payments, the amount attributable to that element is taken to be:

       (a) if the amount is specified