NATIONAL DISABILITY INSURANCE SCHEME AMENDMENT (QUALITY AND SAFEGUARDS COMMISSION AND OTHER MEASURES) BILL 2017

2016-2017

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

National Disability Insurance Scheme

Amendment (Quality and Safeguards

Commission and Other Measures) Bill

2017

No. , 2017

(Social Services)

A Bill for an Act to amend the National Disability

Insurance Scheme Act 2013, and for related

purposes

No. , 2017

National Disability Insurance Scheme Amendment (Quality and

Safeguards Commission and Other Measures) Bill 2017

Contents

Short title ........................................................................................... 1

Commencement ................................................................................. 1

Schedules ........................................................................................... 2

Schedule 1--NDIS Quality and Safeguards Commission

Part 1--Amendments

National Disability Insurance Scheme Act 2013

Part 2--Transitional rules

Schedule 2--National Disability Insurance Scheme Review

Part 1--Amendments

National Disability Insurance Scheme Act 2013

Part 2--Application provisions

No. , 2017

National Disability Insurance Scheme Amendment (Quality and

Safeguards Commission and Other Measures) Bill 2017

A Bill for an Act to amend the National Disability

Insurance Scheme Act 2013, and for related

purposes

The Parliament of Australia enacts:

1 Short title

This Act is the National Disability Insurance Scheme Amendment

(Quality and Safeguards Commission and Other Measures) Act

2017.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

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column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Schedule 1

1 July 2018.

1 July 2018

3. Schedule 2

The day this Act receives the Royal Assent.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

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Schedule 1--NDIS Quality and Safeguards

Commission

Part 1--Amendments

National Disability Insurance Scheme Act 2013

1 After paragraph 3(1)(g)

Insert:

(ga) protect and prevent people with disability from experiencing

harm arising from poor quality or unsafe supports or services

provided under the National Disability Insurance Scheme;

and

2 At the end of subsection 3(2)

Insert:

; and (c) establishing a national regulatory framework for persons and

entities who provide supports and services to people with

disability, including certain supports and services provided

outside the National Disability Insurance Scheme.

3 Subsection 4(9)

After "the Agency", insert "and the Commission".

4 Subsection 4(17)

After "the CEO", insert ", the Commissioner".

5 Section 8

After:

(e)

provisions about the treatment of compensation.

insert:

This Act also provides for the regulation of persons and entities

who provide supports and services to people with disability under

the National Disability Insurance Scheme. It also regulates

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supports and services provided outside the National Disability

Insurance Scheme in certain circumstances.

Depending on where a person with disability lives, he or she may

receive supports or services from registered providers of supports

(Part 3 of Chapter 4) or from registered NDIS providers (Part 3A

of Chapter 4). Supports and services may also be received from

providers who are not registered.

6 Section 8

After:

(d)

provides for reporting and financial matters.

insert:

The NDIS Quality and Safeguards Commission and the office of

the NDIS Quality and Safeguards Commissioner are also

established by this Act (Chapter 6A).

The functions of the Commissioner include:

(a)

functions relating to the quality and safety of services

and supports provided to people with disability; and

(b)

registering and overseeing the operation of NDIS

providers; and

(c)

managing and resolving complaints about NDIS

providers; and

(d)

providing leadership in relation to behaviour supports.

7 Section 9

Insert:

Agency officer means:

(a) a member of the staff of the Agency under section 169; or

(b) a person assisting the Agency under section 170.

approved quality auditor means a person or body approved by the

Commissioner under section 73U.

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banning order means an order made under section 73ZN.

behaviour support function has the meaning given by

section 181H.

civil penalty provision has the same meaning as in the Regulatory

Powers Act.

Commission means the NDIS Quality and Safeguards Commission

established by section 181A.

Commissioner means the Commissioner of the NDIS Quality and

Safeguards Commission referred to in section 181C.

Commission officer means:

(a) a member of the staff of the Commission under

section 181U; or

(b) a person assisting the Commissioner under section 181W.

complaints functions has the meaning given by section 181G.

compliance notice means a notice given under section 73ZM.

core functions has the meaning given by section 181E.

decision-maker for a reviewable decision means:

(a) for a reviewable decision referred to in column 1 of the table

in subsection 99(1)--the person referred to in column 3 of

that table in relation to that decision; or

(b) for a reviewable decision specified in the National Disability

Insurance Scheme rules for the purposes of

subsection 99(2)--the person specified in the rules as the

decision-maker for that decision.

key personnel has the meaning given by section 11A.

NDIS Code of Conduct means the National Disability Insurance

Scheme rules made for the purposes of section 73V.

NDIS Practice Standards means the National Disability Insurance

Scheme rules made for the purposes of section 73T.

NDIS provider means:

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(a) a person (other than the Agency) who receives:

(i) funding under the arrangements set out in Chapter 2; or

(ii) NDIS amounts (other than as a participant); or

(b) a person or entity:

(i) who provides supports or services to people with

disability other than under the National Disability

Insurance Scheme; and

(ii) who is prescribed by the National Disability Insurance

Scheme rules for the purposes of this subparagraph.

NDIS Provider Register means the register maintained under

section 73ZS.

8 Section 9 (definition of officer)

Repeal the definition.

9 Section 9

Insert:

otherwise engaged includes engaged on a voluntary basis.

paid work means work for financial gain or reward (whether as an

employee, a self-employed person or otherwise).

participating jurisdiction has the meaning given by section 10A.

protected Agency information means:

(a) information about a person that is or was held in the records

of the Agency; or

(b) information to the effect that there is no information about a

person held in the records of the Agency.

protected Commission information means:

(a) information about a person that is or was held in the records

of the Commission; or

(b) information to the effect that there is no information about a

person held in the records of the Commission.

10 Section 9 (definition of protected information)

Repeal the definition.

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11 Section 9

Insert:

registered means registered under section 73E.

registered NDIS provider means a person or entity who is

registered under section 73E.

12 Section 9 (definition of registered plan management

provider)

Repeal the definition, substitute:

registered plan management provider means:

(a) for a provider providing supports to a participant in a

participating jurisdiction--an NDIS provider who is

registered to manage the funding for supports under plans as

mentioned in paragraph 73E(2)(a); or

(b) otherwise--a registered provider of supports who is approved

in relation to managing the funding for supports under plans

as mentioned in paragraph 70(1)(a).

13 Section 9

Insert:

registration and reportable incident functions has the meaning

given by section 181F.

Regulatory Powers Act means the Regulatory Powers (Standard

Provisions) Act 2014.

reportable incident has the meaning given by subsections 73Z(4)

and (5).

restrictive practice means any practice or intervention that has the

effect of restricting the rights or freedom of movement of a person

with disability.

14 Section 9 (definition of reviewable decision)

Repeal the definition, substitute:

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reviewable decision has the meaning given by subsections 99(1)

and (2).

15 After section 10

Insert:

10A Definition of participating jurisdiction

The Minister may, by legislative instrument, specify that a host

jurisdiction is a participating jurisdiction, with the agreement of

that host jurisdiction.

Note:

Section 42 (disallowance) of the Legislation Act 2003 does not apply

to the instrument (see subsection 44(1) of that Act).

16 At the end of Part 4 of Chapter 1

Add:

11A Definition of key personnel

(1) Each of the following is one of the key personnel of a person or

entity:

(a) a member of the group of persons who is responsible for the

executive decisions of the person or entity;

(b) any other person who has authority or responsibility for (or

significant influence over) planning, directing or controlling

the activities of the person or entity.

(2) Without limiting paragraph (1)(a), a reference in that paragraph to

a person who is responsible for the executive decisions of a person

or entity includes:

(a) if the person or entity is a body corporate that is incorporated,

or taken to be incorporated, under the Corporations Act

2001--a director of the body corporate for the purposes of

that Act; and

(b) in any other case--a member of the person's or entity's

governing body.

17 Subsection 33(6)

Repeal the subsection, substitute:

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(6) To the extent that the funding for supports under a participant's

plan is managed by the Agency, the plan must provide that the

supports are to be provided only by:

(a) for supports provided to a participant in a participating

jurisdiction--a registered NDIS provider; or

(b) otherwise--a registered provider of supports.

18 Section 49 (note 2)

Omit "paragraph 99(d)", substitute "subsection 99(1)".

19 Paragraph 54(2)(d)

Omit "officer", substitute "Agency officer".

20 Section 55 (heading)

Repeal the heading, substitute:

55 Power of CEO to obtain information from other persons to

ensure the integrity of the National Disability Insurance

Scheme

21 After section 55

Insert:

55A Power of Commissioner to obtain information from other

persons to ensure the integrity of the National Disability

Insurance Scheme etc.

(1) If the Commissioner reasonably believes that a person, other than a

prospective participant or a person receiving supports or services

from an NDIS provider, has information, or has custody or control

of a document, that may be relevant to one or more of the matters

mentioned in subsection (2), the Commissioner may require the

person to give the information, or produce the document, to the

Commissioner.

(2) The matters are as follows:

(a) whether an NDIS provider is contravening subsection 73B(2)

(requirement to be a registered NDIS provider);

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(b) whether a person applying for registration under

subsection 73E(1) satisfies the requirements mentioned in

that subsection;

of registration mentioned in subsection 73F(1);

(d) whether an NDIS provider, or a person employed or

otherwise engaged by an NDIS provider, is complying with

the requirements of the NDIS Code of Conduct;

(e) if an NDIS provider, or a person employed or otherwise

engaged by an NDIS provider, is subject to a banning

order--whether the person is providing supports or services

in contravention of the order;

(f) the functions of the Commissioner.

22 Subsection 56(1)

After "section 55", insert "or 55A".

23 Paragraph 56(2)(c)

After "Agency", insert "or Commissioner".

24 Paragraph 56(2)(d)

Repeal the paragraph, substitute:

(d) if the notice is given by the CEO--the Agency officer to

whom the information is to be given or the document is to be

produced; and

(da) if the notice is given by the Commissioner--the Commission

officer to whom the information is to be given or the

document is to be produced; and

25 Subsections 56(4) and (5)

Repeal the subsections, substitute:

(4) If the notice is given by the CEO:

(a) the notice may require the person to give the information by

appearing before a specified Agency officer to answer

questions; and

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(b) if paragraph (a) applies--the notice must specify a time and

place at which the person is to appear, which must be at least

14 days after the notice is given.

(5) If the notice is given by the Commissioner:

(a) the notice may require the person to give the information by

appearing before a specified Commission officer to answer

questions; and

(b) if paragraph (a) applies--the notice must specify a time and

place at which the person is to appear, which must be at least

14 days after the notice is given.

26 Subsection 57(1)

After "section 55", insert "or 55A".

27 Subsections 58(1) and (2)

Omit "or an officer", substitute ", an Agency officer, the Commissioner

or a Commission officer".

28 Before section 60

Insert:

Division 1--Information held by the Agency

29 Paragraph 60(2)(a)

Omit "protected information", substitute "protected Agency

information".

30 Section 62 (heading)

Repeal the heading, substitute:

62 Offence--unauthorised use or disclosure of protected Agency

information

31 Paragraph 62(c)

Omit "protected information", substitute "protected Agency

information".

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32 Section 63 (heading)

Repeal the heading, substitute:

63 Offence--soliciting disclosure of protected Agency information

33 Paragraph 63(a)

Omit "from an officer or another person, whether or not any protected

information", substitute "from an Agency officer or another person,

whether or not any protected Agency information".

34 Paragraph 63(c)

Omit "protected information", substitute "protected Agency

information".

35 Section 64 (heading)

Repeal the heading, substitute:

64 Offence--offering to supply protected Agency information

36 Paragraphs 64(1)(b) and (2)(b)

Omit "protected information", substitute "protected Agency

information".

37 Subsection 64(3)

Omit "an officer", substitute "a person".

38 Section 65

Repeal the section.

39 Subsection 66(1)

Omit "and 65", substitute ", 64 and 67G".

40 Paragraph 66(1)(a)

Omit "CEO certifies that it is necessary", substitute "CEO is satisfied

on reasonable grounds that it is".

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41 Subsection 66(2)

Omit "certifying for the purposes of paragraph (1)(a) or disclosing

information for the purposes of subparagraph", substitute "disclosing

information for the purposes of paragraph (1)(a) or subparagraph".

42 Subsection 66(3)

After "protected" (wherever occurring), insert "Agency".

43 Section 67

Repeal the section, substitute:

67 National Disability Insurance Scheme rules for exercise of CEO's

disclosure powers

The National Disability Insurance Scheme rules may make

provision for and in relation to the exercise of the CEO's power to

disclose information for the purposes of paragraph 66(1)(a) or

subparagraph 66(1)(b)(i) or (iv).

44 Section 68

Repeal the section.

45 At the end of Part 2 of Chapter 4

Add:

Division 2--Information held by the Commission

67A Protection of information held by the Commission etc.

(1) A person may:

(a) make a record of protected Commission information; or

(b) disclose such information to any person; or

if:

(d) the making of the record, or the disclosure or use of the

information, by the person is made:

(i) for the purposes of this Act; or

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(ii) for the purpose for which the information was disclosed

to the person under section 67E; or

(iii) with the express or implied consent of the person to

whom the information relates; or

(e) the person reasonably believes that the making of the record,

or the disclosure or use of the information, by the person is

necessary to prevent or lessen a serious threat to an

individual's life, health or safety.

(2) Without limiting subsection (1), the recording, disclosure or use of

information by a person is taken to be for the purposes of this Act

if the Commissioner reasonably believes that it is reasonably

necessary for one or more of the following purposes:

(a) research into matters relevant to the National Disability

Insurance Scheme;

(b) policy development.

67B Offence--unauthorised use or disclosure of protected

Commission information

A person commits an offence if:

(a) the person:

(i) makes a record of information; or

(ii) discloses information to any other person; or

(iii) otherwise makes use of information; and

(b) the person is not authorised or required by or under this Act

to make the record, disclosure or use of the information that

is made by the person; and

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

Note:

If a body corporate is convicted of an offence against this section,

subsection 4B(3) of the Crimes Act 1914 allows a court to impose a

fine of up to 5 times the pecuniary penalty stated above.

67C Offence--soliciting disclosure of protected Commission

information

A person (the first person) commits an offence if:

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(a) the first person solicits the disclosure of information from a

Commission officer or another person, whether or not any

protected Commission information is actually disclosed; and

(b) the disclosure would be in contravention of this Part; and

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

Note:

If a body corporate is convicted of an offence against this section,

subsection 4B(3) of the Crimes Act 1914 allows a court to impose a

fine of up to 5 times the pecuniary penalty stated above.

67D Offence--offering to supply protected Commission information

(1) A person commits an offence if:

(a) the person offers to supply (whether to a particular person or

otherwise) information about another person; and

(b) the person knows the information is protected Commission

information.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

Note:

If a body corporate is convicted of an offence against this subsection,

subsection 4B(3) of the Crimes Act 1914 allows a court to impose a

fine of up to 5 times the pecuniary penalty stated above.

(2) A person commits an offence if:

(a) the person holds himself or herself out as being able to

supply (whether to a particular person or otherwise)

information about another person; and

(b) the person knows the information is protected Commission

information.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

Note:

If a body corporate is convicted of an offence against this subsection,

subsection 4B(3) of the Crimes Act 1914 allows a court to impose a

fine of up to 5 times the pecuniary penalty stated above.

(3) Subsections (1) and (2) do not apply to a person acting in the

performance or exercise of his or her duties, functions or powers

under this Act.

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67E Disclosure of information by Commissioner

(1) Despite sections 67B, 67D and 67G, the Commissioner may:

(a) if the Commissioner is satisfied on reasonable grounds that it

is in the public interest to do so in a particular case or class of

cases--disclose information acquired by a person in the

performance of his or her functions or duties or in the

exercise of his or her powers under this Act to such persons

and for such purposes as the Commissioner determines; or

(b) disclose any such information:

(i) to the Secretary of a Department of State of the

Commonwealth, or to the head of an authority of the

Commonwealth, for the purposes of that Department or

authority; or

(ii) to a person who has the express or implied consent of

the person to whom the information relates to collect it;

(iii) to a Department of State of a State or Territory, or to an

authority of a State or Territory, that has responsibility

for matters relating to people with disability, including

the provision of supports or services to people with

disability; or

(iv) to the chief executive (however described) of a

Department of State of a State or Territory, or to the

head of an authority of a State or Territory, for the

purposes of that Department or authority.

(2) In disclosing information for the purposes of paragraph (1)(a) or

subparagraph (1)(b)(i), (iii) or (iv), the Commissioner must act in

accordance with the National Disability Insurance Scheme rules

made for the purposes of section 67F.

(3) Despite any other provision of this Part, the Commissioner may

disclose protected Commission information to a participant's

nominee if the protected Commission information:

(a) relates to the participant; and

(b) is or was held in the records of the Commission.

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67F National Disability Insurance Scheme rules for exercise of

Commissioner's disclosure powers

The National Disability Insurance Scheme rules may make

provision for and in relation to the exercise of the Commissioner's

power to disclose information for the purposes of

paragraph 67E(1)(a) or subparagraph 67E(1)(b)(i), (iii) or (iv).

Division 3--Information generally

67G Protection of certain documents etc. from production to court

etc.

A person must not, except for the purposes of this Act, be required:

(a) to produce any document in his or her possession because of

the performance or exercise of his or her duties, functions or

powers under this Act; or

(b) to disclose any matter or thing of which he or she had notice

because of the performance or exercise of such duties,

functions or powers;

to a court, tribunal, authority or person that has power to require

the production of documents or the answering of questions.

67H Part does not affect the operation of the Freedom of

Information Act 1982

The provisions of this Part that relate to the disclosure of

information do not affect the operation of the Freedom of

Information Act 1982.

46 After Part 3 of Chapter 4 (heading)

Insert:

Note:

A person or entity can only provide supports, as a registered provider

of supports, to participants that are not in a participating jurisdiction

(see paragraph 70(1)(ca)).

47 After paragraph 70(1)(c)

Insert:

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(ca) the applicant will manage the funding for supports under

plans, or provide supports under plans, to participants in a

host jurisdiction that is not a participating jurisdiction; and

48 After Part 3 of Chapter 4

Insert:

Part 3A--NDIS providers

Division 1--Application of Part

73A Application of Part

This Part applies in relation to:

(a) persons or entities applying for registration to provide

supports or services to people with disability in participating

jurisdictions; and

(b) registered NDIS providers providing supports or services to

people with disability in participating jurisdictions; and

disability in participating jurisdictions.

Division 2--Registered NDIS providers

73B Requirement to be a registered NDIS provider

(1) The National Disability Insurance Scheme rules may require that

specified classes of supports provided under participants' plans are

to be provided only by NDIS providers who are registered under

section 73E to provide those classes of supports.

Note:

See also subsection 33(6), which provides that, if the funding for

supports under a plan is managed by the Agency, supports are to be

provided only by a registered NDIS provider.

(2) A person must not provide a support under a participant's plan if:

(a) the National Disability Insurance Scheme rules require the

person to be registered to provide the support under the plan;

and

(b) the person is not so registered.

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Civil penalty:

250 penalty units.

73C Application to be a registered NDIS provider

(1) A person may apply to the Commissioner to be a registered NDIS

provider in relation to one or more of the following:

(a) the provision of supports or services under the arrangements

set out in Chapter 2;

(b) managing the funding for supports under participants' plans;

Note:

An unincorporated association or a partnership may also apply for

registration under this section (see section 203).

(2) A person may also apply to the Commissioner to be a registered

NDIS provider in relation to the provision of services or supports

to people with disability other than under the National Disability

Insurance Scheme if the person is included in a class of persons

prescribed for the purposes of subparagraph (b)(ii) of the definition

of NDIS provider.

(3) The application must:

(a) be in writing; and

(b) be in a form (if any) approved in writing by the

Commissioner; and

documents, required by the Commissioner.

Note:

The Commissioner is not required to make a decision on the

application if this subsection is not complied with (see section 197B).

(4) The Commissioner may, by written notice, require an applicant for

registration to give the Commissioner such further information or

documents in relation to the application as the Commissioner

reasonably requires.

Note:

The Commissioner is not required to make a decision on the

application if this subsection is not complied with (see section 197B).

(5) A notice under subsection (4) may specify a period, which must

not be less than 14 days, within which the information or

documents must be given.

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73D False or misleading information or documents in application

A person contravenes this section if the person:

(a) provides information or a document in, or in connection with,

an application for registration; and

(b) the person knows the information or document is false or

misleading in a material particular.

Civil penalty:

60 penalty units.

Note:

Part 7.4 of the Criminal Code provides offences in relation to false or

misleading statements, information and documents.

73E Registration as a registered NDIS provider

Registration

(1) The Commissioner may register a person as a registered NDIS

provider if:

(a) the person (the applicant) makes an application under

section 73C; and

(b) the applicant will provide supports or services to people with

disability in a participating jurisdiction; and

auditor as meeting the applicable standards and other

requirements prescribed by the NDIS Practice Standards; and

(d) the Commissioner is satisfied that the applicant is suitable to

provide supports or services to people with disability, having

regard to any matters prescribed by the National Disability

Insurance Scheme rules for the purposes of this paragraph;

and

(e) the Commissioner is satisfied that the applicant's key

personnel (if any) are suitable to be involved in the provision

of supports or services for which the applicant will be

registered to provide, having regard to any matters prescribed

by the National Disability Insurance Scheme rules for the

purposes of this paragraph; and

(f) the applicant satisfies any other requirements prescribed by

the National Disability Insurance Scheme rules for the

purposes of this paragraph.

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(2) A person may be registered in respect of one or more of the

following:

(a) managing the funding of supports under participants' plans;

(b) providing specified classes of supports under participants'

plans;

arrangements set out in Chapter 2;

(d) providing specified classes of supports or services to people

with disability other than under the National Disability

Insurance Scheme.

(3) Despite subsections (1) and (2), if a banning order is in force in

relation to the applicant, the Commissioner must not register the

applicant in a way that would be inconsistent with the banning

order.

Note:

Under subsection 73ZN(3), a banning order may be of general or

limited application.

Notice of decision to register

(4) The Commissioner must:

(a) give written notice of a decision to register, or not to register,

a person as a registered NDIS provider, including reasons for

the decision; and

(b) if the decision is to register the person--provide a certificate

of registration, specifying the matters mentioned in

subsection (5), to the person.

Certificate of registration

(5) A certificate of registration must specify:

(a) which of the following the person is a registered NDIS

provider in relation to:

(i) managing the funding for supports under plans;

(ii) the provision of supports under plans;

(iii) the provision of supports or services under the

arrangements set out in Chapter 2;

(iv) the provision of services or supports to people with

disability other than under the National Disability

Insurance Scheme; and

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(b) the classes of supports or services the person is registered to

provide; and

the class of persons in respect of which the provider is

registered; and

(d) the conditions (if any) on the registration imposed by the

Commissioner under section 73G; and

(e) the period for which the registration is in force; and

(f) any other matter determined in writing by the Commissioner

for the purposes of this paragraph.

Note:

The registration of a person may be varied (see section 73L),

suspended (see section 73N) or revoked (see section 73P) and the

period for which the registration is in force may be extended (see

section 73K) or varied (see section 73L).

(6) A determination made under paragraph (5)(f) is not a legislative

instrument.

73F Registration is subject to conditions

(1) The registration of a person as a registered NDIS provider is

subject to the following conditions:

(a) the conditions set out in subsection (2);

(b) the conditions (if any) imposed by the Commissioner under

section 73G;

Insurance Scheme rules under section 73H.

(2) The registration of a person as a registered NDIS provider is

subject to the following conditions:

(a) a condition that the person comply with all applicable

requirements imposed by a law of the Commonwealth or a

law of the State or Territory in which the person or entity

operates as a registered NDIS provider;

(b) a condition that the person comply with all applicable

requirements of the NDIS Code of Conduct;

standards and other requirements of the NDIS Practice

Standards;

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(d) a condition that the person comply with all applicable

requirements relating to record keeping prescribed by the

National Disability Insurance Scheme rules for the purposes

of section 73Q;

(e) a condition that the person implement and maintain the

applicable complaints management and resolution system in

accordance with section 73W;

(f) a condition that the person comply with all applicable

requirements relating to complaints prescribed by the

National Disability Insurance Scheme rules for the purposes

of section 73X;

(g) a condition that the person implement and maintain the

applicable incident management system in accordance with

section 73Y;

(h) a condition that the person comply with all applicable

requirements relating to reportable incidents prescribed by

the National Disability Insurance Scheme rules for the

purposes of section 73Z;

(i) a condition that the person give to the Commissioner, on

request, information specified in the request within the period

specified in the request (which must not be less than 14

days).

73G Conditions specified in certificate of registration

(1) The Commissioner may impose conditions to which the

registration of a person as a registered NDIS provider is subject.

(2) A condition may be imposed at the time of registration, or at a later

time.

Note:

Conditions imposed under this section may also be varied or revoked

(see section 73L).

(3) The conditions may include, but are not limited to, conditions

relating to the following matters:

(a) the types of quality audits the provider must undergo;

(b) the timing of such quality audits;

provider is registered to provide, including circumstances in

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which supports or services for which the provider is

registered can or cannot be provided.

73H Conditions determined by NDIS rules

The National Disability Insurance Scheme rules may determine

that each registration, or each registration included in a specified

class of registration, is taken to include one or more specified

conditions.

73J Registered NDIS providers must comply with conditions of

registration

A person contravenes this section if the person:

(a) is a registered NDIS provider; and

(b) breaches a condition to which the registration of the person is

subject.

Civil penalty:

250 penalty units.

73K Extension of period for which registration is in force

(1) Subsection (2) applies if:

(a) the registration of a person as a registered NDIS provider will

cease to be in force on a particular day; and

(b) within 6 months before that day, the person makes an

application under section 73C.

(2) Despite paragraph 73E(5)(e), the registration of the person

continues in force until the Commissioner makes a decision on the

application under subsection 73E(1).

73L Variation of registration

(1) The Commissioner may vary the registration of a registered NDIS

provider, by written notice given to the provider:

(a) at any time, on the Commissioner's own initiative; or

(b) on application by the provider under section 73M.

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(2) The Commissioner may vary the registration of a registered NDIS

provider if the Commissioner considers it appropriate in all the

circumstances to do so.

(3) Without limiting subsection (1), the Commissioner may vary the

registration of an NDIS provider to:

(a) impose, vary or revoke conditions to which the registration is

subject under section 73G; or

(b) reduce or extend the period for which the registration is in

force; or

provider is registered to provide.

(4) If the Commissioner decides to vary the registration of a registered

NDIS provider, the Commissioner must give a certificate of

registration as varied to the provider.

(5) If, after receiving an application under section 73M, the

Commissioner refuses to vary the registration of a registered NDIS

provider, the Commissioner must give written notice of the refusal,

including reasons for the refusal.

(6) A variation of the registration of a registered NDIS provider takes

effect on the day specified in the notice given under subsection (1).

73M Application for variation of registration

(1) A registered NDIS provider may apply for a variation to the

provider's registration.

(2) The application must:

(a) be in writing; and

(b) be in a form (if any) approved in writing by the

Commissioner; and

documents, required by the Commissioner.

Note:

The Commissioner is not required to make a decision on the

application if this subsection is not complied with (see section 197B).

(3) The Commissioner may, by written notice, require an applicant for

a variation to give the Commissioner such further information or

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documents in relation to the application as the Commissioner

reasonably requires.

Note:

The Commissioner is not required to make a decision on the

application if this subsection is not complied with (see section 197B).

(4) A notice under subsection (3) may specify a period, which must

not be less than 14 days, within which the information or

documents must be given.

73N Suspension of registration

Suspension on Commissioner's own initiative

(1) The Commissioner may, in writing, suspend the registration of a

person as a registered NDIS provider for a specified period if:

(a) the Commissioner reasonably believes that the person has

contravened, is contravening, or is proposing to contravene,

this Act; or

(b) the Commissioner reasonably believes that the application for

registration by the person contained information that was

false or misleading in a material particular; or

(d) the Commissioner is satisfied that the person is no longer

suitable to provide the supports or services to people with

disability, having regard to any matters prescribed by the

National Disability Insurance Scheme rules for the purposes

of this paragraph; or

(e) the Commissioner is no longer satisfied that the key

personnel of the person (if any) are suitable to be involved in

the provision of supports or services to people with disability,

having regard to any matters prescribed by the National

Disability Insurance Scheme rules for the purposes of this

paragraph; or

(f) a circumstance exists that is a circumstance prescribed by

National Disability Insurance Scheme rules for the purposes

of this paragraph.

(2) The period specified under subsection (1) must not be longer than

30 days.

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(3) To avoid doubt, subsection (2) does not prevent the Commissioner

suspending the registration of a person as a registered provider

more than once.

(4) In deciding whether to suspend the registration of a person under

subsection (1), the Commissioner must have regard to the

following matters:

(a) the nature, significance and persistence of any contravention,

or proposed contravention, of this Act;

(b) action that can be taken to address any contravention, or

proposed contravention, of this Act;

affairs as a registered NDIS provider in a way that may cause

harm to, or jeopardise, public trust in the National Disability

Insurance Scheme;

(d) the health, safety or wellbeing of people with disability

receiving supports or services from the person;

(e) any other matter the Commissioner considers relevant.

(5) If the registration of a person is suspended under subsection (1),

the Commissioner must give the person written notice of the

suspension and the reasons for the suspension.

Suspension at the request of registered NDIS provider

(6) The Commissioner may, in writing, suspend the registration of a

person as a registered NDIS provider for a specified period if the

person requests the Commissioner, in writing, to suspend the

registration.

Effect of suspension

(7) If the registration of a person is suspended under this section, the

registration ceases to have effect until the suspension ceases to be

in force.

73P Revocation of registration

(1) The Commissioner may, in writing, revoke the registration of a

person as a registered NDIS provider if:

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(a) the Commissioner reasonably believes that the person has

contravened, is contravening, or is proposing to contravene,

this Act; or

(b) the application for registration by the person contained

information that was false or misleading in a material

particular; or

(d) the Commissioner is satisfied that the person is no longer

suitable to provide supports or services to people with

disability, having regard to any matters prescribed by the

National Disability Insurance Scheme rules for the purposes

of this paragraph; or

(e) the Commissioner is no longer satisfied that the key

personnel of the person (if any) are suitable to be involved in

the provision of supports or services for which the person is

registered to provide, having regard to any matters prescribed

by the National Disability Insurance Scheme rules for the

purposes of this paragraph; or

(f) a circumstance exists that is a circumstance prescribed by

National Disability Insurance Scheme rules for the purposes

of this paragraph.

(2) In deciding whether to revoke the registration of a person under

subsection (1), the Commissioner must have regard to the

following matters:

(a) the nature, significance and persistence of any contravention,

or proposed contravention, of this Act;

(b) action that can be taken to address any contravention, or

proposed contravention, of this Act;

affairs as a registered NDIS provider in a way that may cause

harm to, or jeopardise, public trust in the National Disability

Insurance Scheme;

(d) the health, safety or wellbeing of people with disability

receiving supports or services from the person;

(e) any other matter the Commissioner considers relevant.

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(3) The Commissioner may, in writing, revoke the registration of a

person as a registered NDIS provider if the person requests the

Commissioner, in writing, to revoke the registration.

(4) Before deciding to revoke the registration of a person under

subsection (1), the Commissioner must notify the person that

revocation is being considered. The notice must be in writing and

must:

(a) include the Commissioner's reasons for considering the

revocation; and

(b) invite the person to make submissions, in writing, to the

Commissioner within 28 days after receiving the notice; and

period, any revocation may take effect as early as 7 days after

the end of the period referred to in paragraph (b).

(5) In deciding whether to revoke the registration, the Commissioner

must consider any submissions given to the Commissioner within

the period referred to in paragraph (4)(b).

(6) The Commissioner must notify the person, in writing, of the

decision.

(7) The notice under subsection (6) must be given within 28 days after

the end of the period for making submissions. If the notice is not

given within this period, the Commissioner is taken to have

decided not to revoke the registration.

73Q Record keeping by registered NDIS providers

A registered NDIS provider must keep records of the kind, for the

period and in the form prescribed by the National Disability

Insurance Scheme rules.

Note:

Compliance with this section is a condition of registration (see

paragraph 73F(2)(d)), breach of which is a civil penalty provision (see

section 73J).

73R Record keeping by former registered NDIS providers

(1) A person who has ceased to be a registered NDIS provider must

keep records that the person was required to retain under

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section 73Q immediately before the person ceased to be a

registered NDIS provider.

(2) The records must be kept for 3 years commencing on the day that

the person ceased to be a registered NDIS provider.

(3) A person contravenes this section if the person:

(a) is subject to a requirement under this section; and

(b) fails to comply the requirement.

Civil penalty:

60 penalty units.

73S Grants of financial assistance in relation to registration

(1) The Commissioner may, on behalf of the Commonwealth, make a

grant of financial assistance to a person or entity in relation to

applications for registration, or variations to registration, as a

registered NDIS provider under this Act.

(2) The terms and conditions on which that financial assistance is

granted are to be set out in a written agreement between the

Commonwealth and the person or entity.

(3) An agreement under subsection (2) may be entered into by the

Commissioner on behalf of the Commonwealth.

Division 3--Quality assurance

73T NDIS Practice Standards

(1) The National Disability Insurance Scheme rules may make

provision for or in relation to standards concerning the quality of

supports or services to be provided by registered NDIS providers.

Note:

Non-compliance with the NDIS Practice Standards by registered

NDIS providers constitutes a breach of condition of registration (see

paragraph 73F(2)(c) and section 73J).

(2) Rules made for the purposes of subsection (1) are to be known as

the NDIS Practice Standards.

(3) Without limiting subsection (1), the NDIS Practice Standards may

deal with the following:

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(a) standards to be complied with to become a registered NDIS

provider;

(b) standards to be complied with to remain a registered NDIS

provider;

(d) matters relating to the screening of workers employed or

otherwise engaged by registered NDIS providers.

73U Approved quality auditors

(1) The Commissioner may, in writing, approve a person or body to be

an approved quality auditor for the purposes of this Act.

(2) An approval given under subsection (1) is not a legislative

instrument.

(3) The Commissioner may publish, on the Commission's website, a

list of approved quality auditors.

Division 4--NDIS Code of Conduct

73V NDIS Code of Conduct

(1) The National Disability Insurance Scheme rules may make

provision for or in relation to a code of conduct that applies to

either or both of the following:

(a) NDIS providers;

(b) persons employed or otherwise engaged by NDIS providers.

(2) Rules made for the purposes of subsection (1) are to be known as

the NDIS Code of Conduct.

(3) A person contravenes this section if the person:

(a) is subject to a requirement under the NDIS Code of Conduct;

and

(b) fails to comply with the requirement.

Civil penalty:

250 penalty units.

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Division 5--Complaints management and resolution

73W Complaints management and resolution system--registered

NDIS providers

A registered NDIS provider must implement and maintain a

complaints management and resolution system that:

(a) is appropriate for the size of the provider and for the classes

of supports or services provided by the provider; and

(b) complies with the requirements (if any) prescribed by the

National Disability Insurance Scheme rules for the purposes

of this paragraph.

Note:

Non-compliance with this section constitutes a breach of condition of

registration (see paragraph 73F(2)(e) and section 73J).

73X Arrangements relating to the management and resolution of

complaints

(1) The National Disability Insurance Scheme rules may prescribe

arrangements relating to the management and resolution of

complaints arising out of, or in connection with, the provision of

supports or services by NDIS providers.

(2) Without limiting subsection (1), the National Disability Insurance

Scheme rules may deal with the following matters:

(a) how complaints may be made, managed and resolved,

including methods to support the early resolution of

complaints;

(b) the roles, rights and responsibilities of people with disability,

complainants, NDIS providers and other persons in relation

to the management and resolution of complaints;

National Disability Insurance Scheme rules in relation to

complaints;

(d) procedures for the review of decisions and processes;

(e) actions that must or may be taken (including making

requirements of NDIS providers) to address complaints;

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(f) authorising the provision of information relating to

complaints to the Minister, the Agency or other specified

bodies;

(g) the matters in relation to which the Commissioner may

authorise an inquiry, on his or her own initiative.

Division 6--Incident management--registered NDIS

providers

73Y Incident management system

A registered NDIS provider must implement and maintain an

incident management system that:

(a) is appropriate for the size of the provider and for the classes

of supports or services provided by the provider; and

(b) complies with the requirements (if any) prescribed by the

National Disability Insurance Scheme rules for the purposes

of this paragraph.

Note:

Non-compliance with this section constitutes a breach of condition of

registration (see paragraph 73F(2)(g) and section 73J).

73Z Reportable incidents

(1) The National Disability Insurance Scheme rules must prescribe

arrangements relating to the notification and management of

reportable incidents that occur, or are alleged to have occurred, in

connection with the provision of supports or services by registered

NDIS providers.

(2) Without limiting subsection (1), the National Disability Insurance

Scheme rules may deal with the following matters:

(a) the manner and period within which reportable incidents

must be reported to the Commission;

(b) action that must be taken in relation to reportable incidents;

incidents to the Minister, the Agency or other specified

bodies;

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(d) the matters in which the Commissioner may authorise an

inquiry in relation to a reportable incident, on his or her own

initiative.

(3) Without limiting paragraph (2)(b), action may include:

(a) requiring a registered NDIS provider to arrange for, and

cover the cost of, an independent investigation into the

reportable incident within a specified period; and

(b) providing a copy of any report of the independent

investigation to the Commissioner.

(4) Reportable incident means:

(a) the death of a person with disability; or

(b) serious injury of a person with disability; or

(d) unlawful sexual or physical contact with, or assault of, a

person with disability; or

(e) sexual misconduct committed against, or in the presence of, a

person with disability, including grooming of the person for

sexual activity; or

(f) the use of a restrictive practice in relation to a person with

disability, other than where the use is in accordance with an

authorisation (however described) of a State or Territory in

relation to the person.

(5) Despite subsection (4), the National Disability Insurance Scheme

rules may provide as follows:

(a) that a specified act, omission or event is a reportable

incident;

(b) that a specified act, omission or event is not a reportable

incident.

Division 7--Protection of disclosers

73ZA Disclosures qualifying for protection

(1) This section applies to a disclosure of information by a person (the

discloser) who is, in relation to an NDIS provider, any of the

following:

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(a) if the NDIS provider is a body corporate--an officer or

employee of the body corporate, or a person who has a

contract for the supply of goods or services to, or on behalf

of, the body corporate;

(b) if the NDIS provider is an unincorporated association--a

member of the committee of management or an employee of

the association, or a person who has a contract for the supply

of goods or services to, or on behalf of, the association;

employee of the partnership, or a person who has a contract

for the supply of goods or services to, or on behalf of, the

partnership;

(d) in any case--a person with disability who is receiving a

support or service from the NDIS provider, or a nominee,

family member, carer or significant other of that person.

(2) The disclosure of the information by the discloser qualifies for

protection under this Division if:

(a) the disclosure is made to one of the following:

(i) the Commissioner;

(ii) the Agency;

(iii) if the NDIS provider is a body corporate--a member of

the key personnel of the body corporate;

(iv) if the NDIS provider is an unincorporated association--

a member of the key personnel of the association;

(v) if the NDIS provider is a partnership--a partner; and

(b) the discloser informs the person to whom the disclosure is

made of the discloser's name before making the disclosure;

and

information indicates that an NDIS provider has, or may

have, contravened a provision of this Act; and

(d) the discloser makes the disclosure in good faith.

(3) In this section, officer has the same meaning as it has in the

Corporations Act 2001.

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73ZB Disclosure that qualifies for protection not actionable etc.

(1) If a person makes a disclosure that qualifies for protection under

this Division:

(a) the person is not subject to any civil or criminal liability for

making the disclosure; and

(b) no contractual or other remedy may be enforced, and no

contractual or other right may be exercised, against the

person on the basis of the disclosure.

Note:

This subsection does not provide that the person is not subject to any

civil or criminal liability for conduct of the person that is revealed by

the disclosure.

(2) Without limiting subsection (1):

(a) the person has qualified privilege (see subsection (3)) in

respect of the disclosure; and

(b) a contract to which the person is a party may not be

terminated on the basis that the disclosure constitutes a

breach of the contract.

(3) For the purpose of paragraph (2)(a), qualified privilege, in respect

of the disclosure, means that the person:

(a) has qualified privilege in proceedings for defamation; and

(b) is not, in the absence of malice on the person's part, liable to

an action for defamation at the suit of a person;

in respect of the disclosure.

(4) For the purpose of paragraph (3)(b), malice includes ill will to the

person concerned or any other improper motive.

(5) This section does not limit or affect any right, privilege or

immunity that a person has, apart from this section, as a defendant

in proceedings, or an action, for defamation.

73ZC Victimisation prohibited

Actually causing detriment to another person

(1) A person (the first person) contravenes this subsection if:

(a) the first person engages in conduct; and

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(b) the first person's conduct causes any detriment to another

person (the second person); and

detriment to the second person; and

(d) the first person engages in his or her conduct because the

second person or a third person made a disclosure that

qualifies for protection under this Division.

Civil penalty:

500 penalty units.

Threatening to cause detriment to another person

(2) A person (the first person) contravenes this subsection if:

(a) the first person makes to another person (the second person)

a threat to cause any detriment to the second person or to a

third person; and

(b) the first person:

(i) intends the second person to fear that the threat will be

carried out; or

(ii) is reckless as to causing the second person to fear that

the threat will be carried out; and

(i) makes a disclosure that qualifies for protection under

this Part; or

(ii) may make a disclosure that would qualify for protection

under this Division.

Civil penalty:

500 penalty units.

Threats

(3) For the purpose of subsection (2), a threat may be:

(a) express or implied; or

(b) conditional or unconditional.

(4) In proceedings for a civil penalty order against a person for a

contravention of subsection (2), it is not necessary to prove that the

person threatened actually feared that the threat would be carried

out.

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73ZD Right to compensation

If:

(a) a person contravenes subsection 73ZC(1) or (2); and

(b) another person suffers damage because of the contravention;

the person in contravention is liable to compensate the other person

for the damage.

Division 8--Compliance and enforcement

73ZE Monitoring powers

Provisions subject to monitoring

(1) This Part is subject to monitoring under Part 2 of the Regulatory

Powers Act.

Note:

Part 2 of the Regulatory Powers Act creates a framework for

monitoring whether the provisions of this Part have been complied

with. It includes powers of entry and inspection.

Information subject to monitoring

(2) Information given in compliance or purported compliance with a

provision of this Part is subject to monitoring under Part 2 of the

Regulatory Powers Act.

Note:

Part 2 of the Regulatory Powers Act creates a framework for

monitoring whether the information is correct. It includes powers of

entry and inspection.

Authorised applicant, authorised person, issuing officer, relevant

chief executive and relevant court

(3) For the purposes of Part 2 of the Regulatory Powers Act as it

applies in relation to this Part:

(a) an inspector is an authorised applicant; and

(b) an inspector is an authorised person; and

(d) the Commissioner is the relevant chief executive; and

(e) each of the following is a relevant court:

(i) the Federal Court;

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(ii) the Federal Circuit Court;

(iii) a court of a State or Territory that has jurisdiction in

relation to matters arising under this Act.

Person assisting

(4) An authorised person may be assisted by other persons in

exercising powers or performing functions or duties under Part 2 of

the Regulatory Powers Act in relation to this Part.

73ZF Investigation powers

Provisions subject to investigation

(1) A provision is subject to investigation under Part 3 of the

Regulatory Powers Act if it is:

(a) a civil penalty provision in this Part; or

(b) an offence against the Crimes Act 1914 or the Criminal Code

that relates to this Part.

Note:

Part 3 of the Regulatory Powers Act creates a framework for

investigating whether a provision has been contravened. It includes

powers of entry, search and seizure.

Authorised applicant, authorised person, issuing officer, relevant

chief executive and relevant court

(2) For the purposes of Part 3 of the Regulatory Powers Act, as it

applies in relation to evidential material that relates to a provision

mentioned in subsection (1):

(a) an investigator is an authorised applicant; and

(b) an investigator is an authorised person; and

(d) the Commissioner is the relevant chief executive; and

(e) each of the following is a relevant court:

(i) the Federal Court;

(ii) the Federal Circuit Court;

(iii) a court of a State or Territory that has jurisdiction in

relation to matters arising under this Act.

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Person assisting

(3) An authorised person may be assisted by other persons in

exercising powers or performing functions or duties under Part 3 of

the Regulatory Powers Act in relation to evidential material that

relates to a provision mentioned in subsection (1).

73ZG Use of equipment to examine or process things

(1) This section applies if an authorised person exercises investigation

powers under Part 3 of the Regulatory Powers Act in relation to

premises entered under an investigation warrant for the purposes of

this Act.

Equipment may be brought to premises

(2) The authorised person or a person assisting may bring to the

premises any equipment reasonably necessary for the examination

or processing of a thing found at the premises in order to determine

whether the thing may be seized.

Thing may be moved for examination or processing

(3) A thing found at the premises may be moved to another place for

examination or processing in order to determine whether the thing

may be seized if:

(a) both of the following apply:

(i) it is significantly more practicable to do so having

regard to the timeliness and cost of examining or

processing the thing at another place and the availability

of expert assistance;

(ii) the authorised person or a person assisting suspects on

reasonable grounds that the thing contains or constitutes

evidential material; or

(b) the occupier of the premises consents in writing.

Notification of examination or processing and right to be present

(4) If the thing is moved to another place for the purpose of

examination or processing under subsection (3), the authorised

person must, if it is practicable to do so:

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(a) inform the occupier of the premises of the address of the

place and the time at which the examination or processing

will be carried out; and

(b) allow the occupier or his or her representative to be present

during the examination or processing.

(5) The authorised person need not comply with paragraph (4)(a) or

(b) if he or she believes on reasonable grounds that to do so might:

(a) endanger the safety of a person; or

(b) prejudice an investigation or prosecution.

Time limit on moving the thing

(6) The thing may be moved to another place for examination or

processing for no longer than 14 days.

(7) An authorised person may apply to an issuing officer for one or

more extensions of that time if the authorised person believes on

reasonable grounds that the thing cannot be examined or processed

within 14 days or that time as previously extended.

(8) The authorised person must give notice of the application to the

occupier of the premises, and that person is entitled to be heard in

relation to the application.

(9) A single extension cannot exceed 7 days.

Equipment at premises may be operated

(10) An authorised person or a person assisting may operate equipment

already at the premises to carry out the examination or processing

of a thing found at the premises in order to determine whether it is

a thing that may be seized if the authorised person or person

assisting believes on reasonable grounds that:

(a) the equipment is suitable for the examination or processing;

and

(b) the examination or processing can be carried out without

damage to the equipment or the thing.

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73ZH Use of electronic equipment at other place

(1) This section applies if an authorised person exercises investigation

powers under Part 3 of the Regulatory Powers Act in relation to

premises for the purposes of this Act.

(2) If electronic equipment is moved from the premises to another

place under subsection 73ZG(3), the authorised person or a person

assisting may operate the equipment to access data (including data

held at another place).

(3) If the authorised person or the person assisting suspects on

reasonable grounds that any data accessed by operating the

electronic equipment constitutes evidential material, he or she may

copy any or all of the data accessed by operating the electronic

equipment to a disk, tape or other associated device.

(4) If the Commissioner is satisfied that the data is not required (or is

no longer required) for the purposes of this Act or for other judicial

or administrative review proceedings, the Commissioner must

arrange for:

(a) the removal of the data from any device in the control of the

Commission; and

(b) the destruction of any other reproduction of the data in the

control of the Commission.

(5) If the authorised person or the person assisting, after operating the

equipment, finds that evidential material is accessible by doing so,

he or she may:

(a) seize the equipment and any disk, tape or other associated

device; or

(b) if the material can be put in documentary form--put the

material in that form and seize the documents so produced.

(6) An authorised person or a person assisting may seize equipment

under paragraph (5)(a) only if:

(a) it is not practicable to copy the data as mentioned in

subsection (3) or to put the material in documentary form as

mentioned in paragraph (5)(b); or

(b) possession of the equipment by the occupier of the premises

could constitute an offence.

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73ZI Person with knowledge of a computer or a computer system to

assist access etc.

(1) This section applies if an authorised person exercises investigation

powers under Part 3 of the Regulatory Powers Act in relation to

premises for the purposes of this Act.

(2) The authorised person may apply to an issuing officer referred to in

paragraph 73ZF(2)(c) for an order requiring a specified person to

provide any information or assistance that is reasonable and

necessary to allow an authorised person or person assisting to do

one or more of the following:

(a) access data held in, or accessible from, a computer or data

storage device that:

(i) is on the premises; or

(ii) has been moved under subsection 73ZG(3) and is at a

place for examination or processing; or

(iii) has been seized under this Act or under the Regulatory

Powers Act as it applies in relation to this Act;

(b) copy data held in, or accessible from, a computer, or data

storage device, described in paragraph (a) to another data

storage device;

an authorised person or person assisting:

(i) data held in, or accessible from, a computer, or data

storage device, described in paragraph (a); or

(ii) data held in a data storage device to which the data was

copied as described in paragraph (b); or

(iii) data held in a data storage device removed from

premises under the Regulatory Powers Act as it applies

in relation to this Act.

(3) The issuing officer may grant the order if the issuing officer is

satisfied that:

(a) there are reasonable grounds for suspecting that evidential

material is held in, or is accessible from, the computer or data

storage device; and

(b) the specified person is:

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(i) reasonably suspected of having committed the offence

or contravened the civil penalty provision stated in the

relevant warrant; or

(ii) the owner or lessee of the computer or device; or

(iii) an employee of the owner or lessee of the computer or

device; or

(iv) a person engaged under a contract for services by the

owner or lessee of the computer or device; or

(v) a person who uses or has used the computer or device;

(vi) a person who is or was a system administrator for the

system including the computer or device; and

(i) the computer or device or a computer network of which

the computer or device forms or formed a part; or

(ii) measures applied to protect data held in, or accessible

from, the computer or device.

(4) If:

(a) the computer or data storage device that is the subject of the

order is seized under this Act or under the Regulatory Powers

Act as it applies in relation to this Act; and

(b) the order was granted on the basis of an application made

before the seizure;

the order does not have effect on or after the seizure.

Note:

An application for another order under this section relating to the

computer or data storage device may be made after the seizure.

(5) If the computer or data storage device is not on the premises, the

order must:

(a) specify the period within which the person must provide the

information or assistance; and

(b) specify the place at which the person must provide the

information or assistance; and

officer as the conditions to which the requirement on the

person to provide the information or assistance is subject.

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(6) A person commits an offence if the person fails to comply with the

order.

Penalty: Imprisonment for 2 years.

73ZJ Compensation for damage to electronic equipment

(1) This section applies if:

(a) as a result of electronic equipment being operated as

mentioned in section 73ZG or 73ZH:

(i) damage is caused to the equipment; or

(ii) the data recorded on the equipment is damaged; or

(iii) programs associated with the use of the equipment, or

with the use of the data, are damaged or corrupted; and

(b) the damage or corruption occurs because:

(i) insufficient care was exercised in selecting the person

who was to operate the equipment; or

(ii) insufficient care was exercised by the person operating

the equipment.

(2) The Commonwealth must pay the owner of the equipment, or the

user of the data or programs, such reasonable compensation for the

damage or corruption as the Commonwealth and the owner or user

agree on.

(3) However, if the owner or user and the Commonwealth fail to

agree, the owner or user may institute proceedings in:

(a) the Federal Court of Australia; or

(b) the Federal Circuit Court of Australia; or

to the matter;

for such reasonable amount of compensation as the court

determines.

(4) In determining the amount of compensation payable, regard is to

be had to whether the occupier of the premises, or the occupier's

employees or agents, if they were available at the time, provided

any appropriate warning or guidance on the operation of the

equipment.

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73ZK Civil penalty provisions

Enforceable civil penalty provisions

(1) Each civil penalty provision of this Part is enforceable under Part 4

of the Regulatory Powers Act.

Note:

Part 4 of the Regulatory Powers Act allows a civil penalty provision to

be enforced by obtaining an order for a person to pay a pecuniary

penalty for the contravention of the provision.

Authorised applicant

(2) For the purposes of Part 4 of the Regulatory Powers Act, the

Commissioner is an authorised applicant in relation to the civil

penalty provisions of this Part.

Relevant court

(3) For the purposes of Part 4 of the Regulatory Powers Act, each of

the following courts is a relevant court in relation to the civil

penalty provisions of this Part:

(a) the Federal Court;

(b) the Federal Circuit Court;

to matters arising under this Act.

Liability of Crown

(4) To avoid doubt, subsection 205(2) does not prevent the Crown

from being liable to pay a pecuniary penalty under a civil penalty

order under Part 4 of the Regulatory Powers Act, as that Part

applies in relation to the civil penalty provisions of this Act.

73ZL Infringement notices

Provisions subject to an infringement notice

(1) A civil penalty provision of this Part is subject to an infringement

notice under Part 5 of the Regulatory Powers Act.

Note:

Part 5 of the Regulatory Powers Act creates a framework for using

infringement notices in relation to provisions.

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Infringement officer

(2) For the purposes of Part 5 of the Regulatory Powers Act, the

Commissioner is an infringement officer in relation to the

provisions mentioned in subsection (1).

Relevant chief executive

(3) For the purposes of Part 5 of the Regulatory Powers Act, the

Commissioner is the relevant chief executive in relation to the

provisions mentioned in subsection (1).

Liability of Crown

(4) To avoid doubt, subsection 205(2) does not prevent the Crown

from being liable to be given an infringement notice under Part 5

of the Regulatory Powers Act, as that Part applies in relation to this

Act.

73ZM Compliance notices

(1) The Commissioner may give to an NDIS provider a written notice

(a compliance notice) if the Commissioner:

(a) is satisfied that an NDIS provider is not complying with this

Act; or

(b) is aware of information that suggests that an NDIS provider

may not be complying with this Act.

(2) The compliance notice must:

(a) set out the name of the provider to which the notice is given;

and

(b) set out brief details of the non-compliance or possible

non-compliance; and

taking, in order to address the non-compliance or possible

non-compliance; and

(d) specify a reasonable period within which the provider must

take, or refrain from taking, the specified action; and

(e) if the Commissioner considers it appropriate--specify a

reasonable period within which the provider must provide the

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Commissioner with evidence that the provider has taken, or

refrained from taking, the specified action; and

(f) state that a failure to comply with the notice is subject to a

civil penalty; and

(g) if the provider is a registered NDIS provider--state that a

failure to comply with the notice may lead to the provider's

registration being suspended or revoked; and

(h) set out any other matters specified in the National Disability

Insurance Scheme rules for the purposes of this paragraph.

(3) An NDIS provider contravenes this subsection if the provider fails

to comply with a compliance notice.

Civil penalty:

60 penalty units.

(4) The Commissioner may, by written notice given to an NDIS

provider, vary or revoke a compliance notice if the Commissioner

considers that it is appropriate in all the circumstances to do so.

(5) In deciding whether to vary or revoke a compliance notice, the

Commissioner must consider any submissions that are received

from the provider before the end of the period mentioned in

paragraph (2)(d).

73ZN Banning orders

Banning orders--NDIS providers

(1) The Commissioner may, by written notice, make an order (a

banning order) prohibiting or restricting specified activities by an

NDIS provider if:

(a) the Commissioner has revoked the registration of the person

as a registered NDIS provider; or

(b) the Commissioner reasonably believes that:

(i) the person has contravened, is contravening, or is likely

to contravene this Act; or

(ii) the person has been involved in, or is likely to become

involved in, a contravention of this Act by another

person; or

(iii) the person is not suitable to provide supports or services

to people with disability; or

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(iv) there is an immediate danger to the health, safety or

wellbeing of a person with disability if the person

continues to be an NDIS provider; or

dishonesty; or

(d) the person becomes an insolvent under administration.

Note:

A person who is subject to a banning order cannot be registered as an

NDIS provider in a way that is inconsistent with the order (see

subsection 73E(3)).

Banning orders--persons employed or otherwise engaged by NDIS

providers

(2) The Commissioner may, by written notice, make an order (a

banning order) prohibiting or restricting a person who is employed

or otherwise engaged by an NDIS provider from engaging in

specified activities if:

(a) the Commissioner reasonably believes that:

(i) the person has contravened, is contravening, or is likely

to contravene this Act; or

(ii) the person has been involved in, or is likely to become

involved in, a contravention of this Act by another

person; or

(iii) the person is not suitable to be involved in the provision

of supports or services to people with disability; or

(iv) there is an immediate danger to the health, safety or

wellbeing of a person with disability if the person

continues to engage in the specified activities; or

(b) the person is convicted of an offence involving fraud or

dishonesty; or

Application of banning orders

(3) A banning order may:

(a) apply generally or may be of limited application; and

(b) be permanent or for a specified period.

(4) However, a banning order cannot prohibit or restrict activities that

a registered NDIS provider is registered to provide under 73E.

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(5) A banning order takes effect from the day specified in the order.

(6) A banning order is not a legislative instrument.

Process

(7) The Commissioner may only make a banning order against a

person after giving the person an opportunity to make submissions

to the Commissioner on the matter.

(8) However, subsection (7) does not apply if the Commissioner's

grounds for making the banning order are, or include, the

following:

(a) that there is an immediate danger to the health, safety or

wellbeing of a person with disability;

(b) that the Commissioner has revoked the registration of the

person as a registered NDIS provider.

(9) The Commissioner must:

(a) give the banning order to the person against whom the order

is made; and

(b) include in the banning order a statement of reasons for the

order; and

otherwise engaged by an NDIS provider--notify the NDIS

provider of the order as soon as possible.

Civil penalty

(10) A person contravenes this subsection if:

(a) the person engages in conduct; and

(b) the conduct breaches a banning order that has been made

against the person.

Civil Penalty:

1,000 penalty units.

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73ZO Variation or revocation of banning orders

Variation or revocation of banning order

(1) The Commissioner may vary or revoke a banning order, by giving

written notice to the person against whom the order was made, if

the Commissioner is satisfied that it is appropriate to do so.

(2) The Commissioner may do so:

(a) on his or her own initiative; or

(b) on application by the person against whom the order was

made.

Process

(3) An application under paragraph (2)(b) must:

(a) be in writing; and

(b) be in a form (if any) approved in writing by the

Commissioner; and

documents, required by the Commissioner.

(4) If the Commissioner varies a banning order made against a person,

the Commissioner must, on request by the person, give the person

a statement of reasons for the variation.

(5) If the Commissioner proposes not to vary or revoke a banning

order in accordance with an application lodged by a person under

paragraph (2)(b), the Commissioner must give the person an

opportunity to make submissions to the Commissioner on the

matter.

(6) The Commissioner must:

(a) include in the written notice a statement of reasons for the

variation or revocation of the order; and

(b) if the variation or revocation relates to a person who is

employed or otherwise engaged by an NDIS provider--

notify the NDIS provider of the variation or revocation as

soon as possible.

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Application of variation or revocation of banning order

(7) A variation or revocation of an order takes effect from the day

specified in the order.

(8) A variation or revocation of an order is not a legislative instrument.

73ZP Enforceable undertakings

Enforceable provisions

(1) The provisions of this Part are enforceable under Part 6 of the

Regulatory Powers Act.

Note:

Part 6 of the Regulatory Powers Act creates a framework for accepting

and enforcing undertakings relating to compliance with provisions.

Authorised person

(2) For the purposes of Part 6 of the Regulatory Powers Act, the

Commissioner is an authorised person in relation to the provisions

mentioned in subsection (1).

Relevant court

(3) For the purposes of Part 6 of the Regulatory Powers Act, each of

the following courts is a relevant court in relation to the provisions

of this Act:

(a) the Federal Court;

(b) the Federal Circuit Court;

to matters arising under this Act.

Other undertakings

(4) An authorised person may accept any of the following

undertakings:

(a) a written undertaking given by a person that the person will,

in order to provide compensation for loss or damage suffered

as a result of a contravention or alleged contravention by the

person of a provision mentioned in subsection (1), pay

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another person an amount worked out in accordance with the

undertaking;

(b) a written undertaking given by a person in connection with a

matter relating to a contravention or alleged contravention by

the person of a provision mentioned in subsection (1).

(5) An undertaking under subsection (4) must be expressed to be an

undertaking under that subsection.

(6) The power in subsection (4) is in addition to the power of an

authorised person under subsection 114(1) of the Regulatory

Powers Act.

(7) Part 6 of the Regulatory Powers Act, other than subsection 114(1),

applies to an undertaking accepted under subsection (4) of this

section as if it were an undertaking accepted under

subsection 114(1) of the Regulatory Powers Act.

73ZQ Injunctions

Enforceable provisions

(1) The provisions of this Part are enforceable under Part 7 of the

Regulatory Powers Act.

Note:

Part 7 of the Regulatory Powers Act creates a framework for using

injunctions to enforce provisions.

Authorised person

(2) For the purposes of Part 7 of the Regulatory Powers Act, the

Commissioner is an authorised person.

Relevant court

(3) For the purposes of Part 7 of the Regulatory Powers Act, each of

the following courts is a relevant court in relation to the provisions

of this Act:

(a) the Federal Court;

(b) the Federal Circuit Court;

to matters arising under this Act.

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Consent injunctions

(4) A relevant court may grant an injunction under Part 7 of the

Regulatory Powers Act in relation to a provision mentioned in

subsection (1) by consent of all the parties to proceedings brought

under that Part, whether or not the court is satisfied that

section 121 of that Act applies.

73ZR Appointment of inspectors and investigators

(1) The Commissioner may, in writing, appoint a person who is one of

the following as an inspector, an investigator, or both, for the

purposes of this Part:

(a) a member of the staff of the Commission under

section 181U;

(b) a person assisting the Commissioner under section 181W;

contract with the Commonwealth.

(2) The Commissioner must not appoint a person mentioned in

subsection (1) unless the Commissioner is satisfied that:

(a) the person has suitable training or experience to properly

exercise the powers for which the person will be authorised

to use; and

(b) the person is otherwise an appropriate person to be appointed

as an inspector, investigator or both (as the case requires).

(3) A person appointed under this section must, in exercising powers

as such, comply with any directions of the Commissioner.

(4) If a direction is given under subsection (3) in writing, the direction

is not a legislative instrument.

Division 9--NDIS Provider Register

73ZS NDIS Provider Register

NDIS Provider Register

(1) The Commissioner must establish and maintain a register for the

purposes of this Act, to be known as the NDIS Provider Register.

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(2) The NDIS Provider Register may be kept in any form that the

Commissioner considers appropriate.

Registered NDIS providers

(3) The NDIS Provider Register must include each of the following for

each person who is a registered NDIS provider:

(a) the name of the person;

(b) the person's ABN (if any);

(d) the address of the principal place of business of the person;

(e) the classes of supports or services the person is registered to

provide;

(f) if the registration is in respect of a class of persons--the

class;

(g) any conditions to which the registration of the person is

subject under section 73G;

(h) if the registration of the person is suspended--information

about the suspension;

(i) if the person is subject to a banning order--information about

the banning order;

(j) if a compliance notice is in force in relation to the person--

information about the compliance notice;

(k) if the person has given an enforceable undertaking under

section 73ZP--information about the undertaking;

(l) any other matter prescribed by the National Disability

Insurance Scheme rules for the purposes of this paragraph.

NDIS providers (other than registered NDIS providers)

(4) The NDIS Provider Register may include any of the following in

relation to an NDIS provider (other than a registered NDIS

provider):

(a) the name of the person;

(b) the person's ABN (if any);

(d) the classes of supports or services the person provides;

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(e) if a banning order is, or was, in force in relation to the

person--information about the banning order;

(f) if the person is, or was, subject to a compliance notice--

information about the compliance notice;

(g) if the person has given an enforceable undertaking under

section 73ZP--information about the undertaking;

(h) any other matter prescribed by the National Disability

Insurance Scheme rules for the purposes of this paragraph.

Former NDIS providers

(5) The NDIS Provider Register may include any of the following in

relation to a person who was an NDIS provider:

(a) the name of the person;

(b) the person's ABN (if any);

(d) if the person is, or was, subject to a banning order--

information in relation to the banning order;

(e) if the person was a registered NDIS provider and the person's

registration was revoked--information about the revocation;

(f) any other matter prescribed by the National Disability

Insurance Scheme rules for the purposes of this paragraph.

Other information

(6) The Commissioner may include other information on the NDIS

Provider Register if the Commissioner is satisfied that it is relevant

to the provision of supports or services to people with disability.

Rules

(7) The National Disability Insurance Scheme rules may make

provision for and in relation to the following:

(a) the correction of entries in the NDIS Provider Register;

(b) the publication of the NDIS Provider Register in whole or

part, or of specified information entered on the NDIS

Provider Register;

the NDIS Provider Register.

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49 Subparagraph 82(1)(b)(ii)

After "to an", insert "Agency".

50 Section 99

Repeal the section, substitute:

99 Reviewable decisions and decision-makers

(1) The following table sets out:

(a) the reviewable decisions under this Act; and

(b) the decision-maker in respect of each of those decisions.

Reviewable decisions and decision-makers

Item

Column 1

Reviewable decision

Column 2

Provision under which the

reviewable decision is made

Column 3

Decision-maker

a decision that a person

does not meet the

access criteria

paragraph 20(a),

subsection 21(3) or

paragraph 26(2)(c)

CEO

a decision not to

specify a period

paragraph 26(2)(b)

CEO

a decision to revoke a

person's status as a

participant

section 30

CEO

a decision to approve

the statement of

participant supports in

a participant's plan

subsection 33(2)

CEO

a decision not to extend

a grace period

paragraph 40(2)(b)

CEO

a decision not to

reassess a participant's

plan

subsection 48(2)

CEO

a decision to refuse to

approve a person or

entity as a registered

provider of supports

section 70

CEO

a decision to revoke an

section 72

CEO

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Reviewable decisions and decision-makers

Item

Column 1

Reviewable decision

Column 2

Provision under which the

reviewable decision is made

Column 3

Decision-maker

instrument approving a

person or entity as a

registered provider of

supports

a decision to refuse to

registered NDIS

provider

section 73E

Commissioner

a decision to impose

conditions to which a

person's registration as

a registered NDIS

provider is subject

section 73G

Commissioner

a decision to vary, or

refuse to vary, the

registration of a

registered NDIS

provider

section 73L

Commissioner

a decision to suspend

the registration of a

registered NDIS

provider

section 73N

Commissioner

a decision to revoke, or

not to revoke, the

registration of a person

as a registered NDIS

provider

section 73P

Commissioner

a decision to give a

compliance notice to an

NDIS provider

section 73ZM

Commissioner

a decision to make a

banning order

section 73ZN

Commissioner

a decision to vary, or to

refuse to vary or

revoke, a banning order

section 73ZO

Commissioner

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Reviewable decisions and decision-makers

Item

Column 1

Reviewable decision

Column 2

Provision under which the

reviewable decision is made

Column 3

Decision-maker

a decision to make, or

not to make, a

determination in

relation to a person

paragraph 74(1)(b)

CEO

a decision not to make

a determination that

subsections 74(1) and

(2) do not apply to a

child

paragraph 74(5)(c)

CEO

a decision to make, or

not to make, a

determination that a

person has parental

responsibility for a

child

subsection 75(2) or (3)

CEO

a decision to appoint a

plan nominee

section 86

CEO

a decision to appoint a

correspondence

nominee

section 87

CEO

a decision to cancel or

suspend, or not to

cancel or suspend, the

appointment of a

nominee

section 89, 90 or 91

CEO

a decision to give a

notice to require a

person to take

reasonable action to

claim or obtain

compensation

section 104

CEO

a decision to refuse to

extend a period

subsection 104(5A)

CEO

a decision to take

action to claim or

paragraph 105(4)(a)

CEO

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Reviewable decisions and decision-makers

Item

Column 1

Reviewable decision

Column 2

Provision under which the

reviewable decision is made

Column 3

Decision-maker

obtain compensation

a decision to take over

the conduct of a claim

paragraph 105(4)(b)

CEO

a decision to give a

notice that the CEO

proposes to recover an

amount

section 111

CEO

a decision not to treat

the whole or part of a

compensation payment

as not having been

fixed by a judgment or

settlement

section 116

CEO

a decision not to write

off a debt

section 190

CEO

a decision that the CEO

is not required to waive

a debt

section 192

CEO

a decision not to waive

a debt

section 193

CEO

a decision that the CEO

is not required to waive

a debt

subsection 194(3) or (4)

CEO

a decision not to waive

a debt

section 195

CEO

(2) The National Disability Insurance Scheme rules may:

(a) provide that a decision made under a specified provision of

the rules is a reviewable decision; and

(b) specify the decision-maker in respect of the reviewable

decision.

51 Subsection 100(1)

Repeal the subsection, substitute:

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(1) The decision-maker of a reviewable decision must give written

notice of the reviewable decision to each person directly affected

by the reviewable decision.

(1A) The notice must include a statement:

(a) that:

(i) the person may request a review of the reviewable

decision in accordance with this section; or

(ii) if the decision-maker is taken to have made the

reviewable decision because of subsection 21(3) or

48(2)--the decision will be reviewed automatically; and

(b) that the person may seek further review under section 103.

52 Subsection 100(2)

Omit "the CEO", substitute "the decision-maker".

53 Subsections 100(3) and (5)

Omit "the CEO" (wherever occurring), substitute "the decision-maker".

54 Paragraph 100(5)(c)

Omit "the CEO's", substitute "the decision-maker's".

55 Subsections 100(7) and (8)

Omit "the CEO", substitute "the decision-maker".

56 Subsection 100(9)

Repeal the subsection.

57 Subsection 102(1)

Omit "the CEO" (wherever occurring), substitute "the decision-maker".

58 After paragraph 144(3)(b)

Insert:

(ba) the registration of a person or entity as a registered NDIS

provider, or the variation, suspension or revocation of that

registration; or

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59 Paragraph 144(3)(c)

After "the Agency", insert "or the Commission".

60 After Chapter 6

Insert:

Chapter 6A--NDIS Quality and Safeguards

Commission

Part 1--Commission establishment and functions

181A Establishment of the Commission

(1) The NDIS Quality and Safeguards Commission is established by

this section.

Note:

The Commission does not have a legal identity separate from the

Commonwealth.

(2) The Commission consists of:

(a) the Commissioner; and

(b) the staff of the Commission.

(3) For the purposes of the finance law (within the meaning of the

Public Governance, Performance and Accountability Act 2013):

(a) the Commission is a listed entity; and

(b) the Commissioner is the accountable authority of the

Commission; and

(i) the Commissioner;

(ii) the staff referred to in section 181U;

(iii) persons assisting the Commissioner referred to in

section 181W;

(iv) consultants engaged under section 181V; and

(d) the purposes of the Commission include:

(i) the functions of the Commission referred to in

section 181B; and

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(ii) the functions of the Commissioner referred to in

section 181D.

181B Commission's functions

The Commission's function is to assist the Commissioner in the

performance of the Commissioner's functions.

Part 2--NDIS Quality and Safeguards

Commissioner

181C Commissioner

There is to be a Commissioner of the NDIS Quality and Safeguards

Commission.

181D Commissioner's functions and powers

(1) The Commissioner has the following functions:

(a) the core functions;

(b) the registration and reportable incident functions;

(d) the behaviour support function;

(e) such other functions that are conferred on the Commissioner

by or under this Act or any other law of the Commonwealth;

(f) to do anything incidental or conducive to the performance of

any of the above functions.

(2) The Commissioner may, by notifiable instrument, make guidelines

relating to the performance of any of the functions mentioned in

subsection (1).

(3) In performing his or her functions, the Commissioner may:

(a) consult and cooperate with other persons, organisations and

governments on matters relating to those functions; and

(b) consult and cooperate with other persons, organisations and

governments on matters relating to the determination of the

rights and interests of people receiving, or eligible to receive,

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supports or services under the National Disability Insurance

Scheme; and

services provided under the National Disability Insurance

Scheme; and

(d) have regard to the interests and needs of persons receiving, or

eligible to receive, supports or services under the National

Disability Insurance Scheme.

(4) In performing his or her functions, the Commissioner must use his

or her best endeavours to:

(a) provide opportunities for people with disability to participate

in matters that relate to them and to take into consideration

the wishes and views of people with disability in relation to

those matters; and

(b) conduct compliance and enforcement activities in a risk

responsive and proportionate manner; and

(5) The Commissioner has power to do all things necessary or

convenient to be done for or in connection with the performance of

his or her functions.

181E Commissioner's core functions

The Commissioner's core functions are as follows:

(a) to uphold the rights of, and promote the health, safety and

wellbeing of, people with disability receiving supports or

services, including those received under the National

Disability Insurance Scheme;

(b) to develop a nationally consistent approach to managing

quality and safeguards for people with disability receiving

supports or services, including those received under the

National Disability Insurance Scheme;

and training to NDIS providers and people with disability;

(d) to secure compliance with this Act through effective

compliance and enforcement arrangements, including

through the monitoring and investigation functions conferred

on the Commissioner by Division 8 of Part 3A of Chapter 4;

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(e) to promote continuous improvement amongst NDIS

providers and the delivery of progressively higher standards

of supports and services to people with disability;

(f) to develop and oversee the broad policy design for a

nationally consistent framework relating to the screening of

workers involved in the provision of supports and services to

people with disability;

(g) to provide advice or recommendations to the Agency or the

Board in relation to the performance of the Agency's

functions;

(h) to engage in, promote and coordinate the sharing of

information to achieve the objects of this Act;

(i) to provide NDIS market oversight, including:

(i) by monitoring changes in the NDIS market which may

indicate emerging risk; and

(ii) by monitoring and mitigating the risks of unplanned

service withdrawal.

181F Commissioner's registration and reportable incident functions

The Commissioner's registration and reportable incident

functions are as follows:

(a) the functions conferred on the Commissioner by Division 2

of Part 3A of Chapter 4 (about registered NDIS providers);

(b) the functions conferred on the Commissioner by section 73U

(about approved quality auditors);

conditions of registration, including in relation to the

screening of workers in accordance with the NDIS Practice

Standards;

(d) to provide education, guidance and best practice information

to NDIS providers in relation to compliance matters;

(e) the functions relating to the notification and management of

reportable incidents conferred on the Commissioner by the

National Disability Insurance Scheme rules made for the

purposes of section 73Z;

(f) to support registered NDIS providers to develop and

implement effective incident management systems and to

build provider capability to prevent and manage incidents;

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(g) to collect, correlate, analyse and disseminate information

relating to incidents, including reportable incidents, to

identify trends or systemic issues.

181G Commissioner's complaints functions

The Commissioner's complaints functions are as follows:

(a) the functions relating to the investigation, management,

conciliation and resolution of complaints conferred on the

Commissioner by the National Disability Insurance Scheme

rules made for the purposes of section 73X;

(b) to educate people about, and develop resources relating to,

best practice in the handling of:

(i) complaints arising out of, or in connection with, the

provision of supports or services by NDIS providers;

and

(ii) matters arising from such complaints;

complaints in relation to the provision of supports or services

by NDIS providers;

(d) to build NDIS provider capability to develop a culture of

learning and innovation to deliver high quality supports and

services, prevent incidents and respond to complaints;

(e) to collect, correlate, analyse and disseminate information

relating to complaints arising out of, or in connection with,

the provision of supports or services by NDIS providers.

181H Commissioner's behaviour support function

The Commissioner's behaviour support function is to provide

leadership in relation to behaviour support, and in the reduction

and elimination of the use of restrictive practices, by NDIS

providers, including by:

(a) building capability in the development of behaviour support

through:

(i) developing and implementing a competency framework

for registered NDIS providers whose registration

includes the provision of behaviour support assessments

and developing behaviour support plans; and

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(ii) assessing the skills and experience of such providers

against the competency framework; and

(b) developing policy and guidance materials in relation to

behaviour supports and the reduction and elimination of the

use of restrictive practices by NDIS providers; and

behaviour supports and the reduction and elimination of the

use of restrictive practices; and

(d) overseeing the use of behaviour support and restrictive

practices, including by:

(i) monitoring registered NDIS provider compliance with

the conditions of registration relating to behaviour

support plans; and

(ii) collecting, analysing and disseminating data and other

information relating to the use of behaviour supports

and restrictive practices by NDIS providers; and

(e) undertaking and publishing research to inform the

development and evaluation of the use of behaviour supports

and to develop strategies to encourage the reduction and

elimination of restrictive practices by NDIS providers.

181J Charging of fees by Commissioner

(1) The Commissioner may charge fees in accordance with an

instrument made under subsection (2).

(2) The Minister may, by legislative instrument, determine:

(a) the things that the Commissioner does in the performance of

his or her functions for which he or she may charge fees; and

(b) the amount, or a method of working out the amount, of those

fees.

(3) A fee must not be such as to amount to taxation.

181K Minister may give directions to the Commissioner

(1) The Minister may, by legislative instrument, give directions to the

Commissioner about the performance of his or her functions and

the exercise of his or her powers.

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Note:

Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the

Legislation Act 2003 do not apply to the directions (see regulations

made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that

Act).

(2) A direction given under subsection (1):

(a) must not relate to a particular individual or provider; and

(b) must not be inconsistent with this Act, the regulations or an

instrument made under this Act.

(3) The Commissioner must comply with a direction given under

subsection (1).

(4) Subsection (3) does not apply to the extent that the direction relates

to the Commissioner's performance of functions or exercise of

powers under the following Acts in relation to the Commission:

(a) the Public Service Act 1999;

(b) the Public Governance, Performance and Accountability Act

2013.

181L Appointment of the Commissioner

(1) The Commissioner is to be appointed by the Minister, by written

instrument, on a full-time basis.

(2) The Commissioner holds office for the period specified in the

instrument of appointment. The period must not exceed 3 years.

Note:

The Commissioner may be reappointed (see section 33AA of the Acts

Interpretation Act 1901).

181M Acting appointments

The Minister may, by written instrument, appoint a person to act as

the Commissioner:

(a) during a vacancy in the office of Commissioner (whether or

not an appointment has previously been made to the office);

(b) during any period, or during all periods, when the

Commissioner:

(i) is absent from duty or from Australia; or

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(ii) is, for any reason, unable to perform the duties of the

office.

Note:

For rules that apply to acting appointments, see sections 33AB and

33A of the Acts Interpretation Act 1901.

181N Remuneration and allowances

(1) The Commissioner is to be paid the remuneration that is

determined by the Remuneration Tribunal. If no determination of

that remuneration by the Tribunal is in operation, the

Commissioner is to be paid the remuneration that is determined

under paragraph (4)(a).

(2) The Commissioner is to be paid the allowances that are determined

under paragraph (4)(b).

(3) This section has effect subject to the Remuneration Tribunal Act

1973.

(4) The Minister may, by legislative instrument, determine:

(a) remuneration for the purposes of subsection (1); and

(b) allowances for the purposes of subsection (2).

181P Leave of absence

(1) The Commissioner has the recreation leave entitlements that are

determined by the Remuneration Tribunal.

(2) The Minister may grant to the Commissioner leave of absence,

other than recreation leave, on the terms and conditions as to

remuneration or otherwise that the Minister determines in writing.

181Q Outside employment

The Commissioner must not engage in paid work outside the duties

of his or her office without the Minister's approval.

181R Other terms and conditions

The Commissioner holds office on the terms and conditions (if

any) in relation to matters not covered by this Act that are

determined, in writing, by the Minister.

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181S Resignation

(1) The Commissioner may resign his or her appointment by giving

the Minister a written resignation.

(2) The resignation takes effect on the day it is received by the

Minister or, if a later day is specified in the resignation, on that

later day.

181T Termination of appointment

(1) The Minister may terminate the appointment of the Commissioner:

(a) for misbehaviour; or

(b) if the Commissioner is unable to perform the duties of his or

her office because of physical or mental incapacity.

(2) The Minister may terminate the appointment of the Commissioner

if:

(a) the Commissioner:

(i) becomes bankrupt; or

(ii) applies to take the benefit of any law for the relief of

bankrupt or insolvent debtors; or

(iii) compounds with his or her creditors; or

(iv) makes an assignment of his or her remuneration for the

benefit of his or her creditors; or

(b) the Commissioner is absent, except on leave of absence, for

14 consecutive days or for 28 days in any 12 months; or

in paid work outside the duties of his or her office (see

section 181Q).

Note:

The appointment of the Commissioner may also be terminated under

section 30 of the Public Governance, Performance and Accountability

Act 2013 (which deals with terminating the appointment of an

accountable authority, or a member of an accountable authority, for

contravening general duties of officials).

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Part 3--Staff etc. of the Commission

181U Staff of the Commission

(1) The staff of the Commission must be persons engaged under the

Public Service Act 1999.

(2) For the purposes of that Act:

(a) the Commissioner and the staff of the Commission together

constitute a Statutory Agency; and

(b) the Commissioner is the Head of that Statutory Agency.

181V Consultants

(1) The Commissioner may, on behalf of the Commonwealth, engage

consultants to assist in the performance of the Commissioner's

functions.

(2) The consultants are to be engaged on the terms and conditions that

the Commissioner determines in writing.

181W Persons assisting the Commissioner

The Commissioner may be assisted:

(a) by employees of Agencies (within the meaning of the Public

Service Act 1999); or

(b) by officers or employees of a State or Territory; or

Commonwealth, a State or a Territory;

whose services are made available to the Commissioner in

connection with the performance of the Commissioner's functions.

61 Subsection 183(2)

After "the first day an", insert "Agency".

62 Paragraph 188(2)(d)

Omit "the officer", substitute "the Agency officer".

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63 Subsection 188(4)

After "specified", insert "Agency".

64 Subsection 188(5)

After "before an", insert "Agency".

65 After section 197

Insert:

197A Method of notification by Commissioner

If this Act, the regulations or the National Disability Insurance

Scheme rules require or permit the Commissioner to notify a

person, the Commissioner may notify the person:

(a) by sending the notice by prepaid post addressed to the person

at his or her postal address last known to the Commissioner;

(b) by giving the notice to the person personally; or

197B Commissioner not required to make a decision

(1) If this Act, the regulations or the National Disability Insurance

Scheme rules require a request or application to be in a form

approved by the Commissioner, the Commissioner is not required

to make a decision on the request or application if it is not in that

form.

(2) If this Act, the regulations or the National Disability Insurance

Scheme rules permit the Commissioner to require information or

documents for the purposes of, or for purposes relating to, making

a decision or doing a thing, the Commissioner is not required to

make the decision or do the thing until the information or

documents are provided.

66 Section 201 (heading)

Repeal the heading, substitute:

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201 Delegation by the Minister to the CEO

67 At the end of section 201

Add:

(4) Despite subsection (1), the power to make National Disability

Insurance Scheme rules for the purposes of the provisions listed in

subsection 201A(1) may not be delegated to the CEO.

68 After section 201

Insert:

201A Delegation by the Minister to the Commissioner

(1) The Minister may, in writing, delegate to the Commissioner his or

her powers under section 209 to make National Disability

Insurance Scheme rules for the purposes of the following

provisions:

(a) paragraph (b) of the definition of NDIS provider in section 9;

(b) section 67F (NDIS rules for exercise of Commissioner's

disclosure powers);

provider);

(d) paragraphs 73E(1)(d), (e) and (f) (registration as a registered

NDIS provider);

(e) section 73H (conditions determined by NDIS rules);

(f) paragraphs 73N(1)(d), (e) and (f) (suspension of registration);

(g) paragraphs 73P(1)(d), (e) and (f) (revocation of registration);

(h) section 73Q (record keeping by registered NDIS providers);

(i) subsection 73T(1) (NDIS Practice Standards);

(j) subsection 73V(1) (NDIS Code of Conduct);

(k) paragraph 73W(b) (complaints management and resolution

system);

(l) subsection 73X(1) (complaints management and resolution);

(m) paragraph 73Y(b) (incident management system);

(n) subsections 73Z(1) and (5) (reportable incidents);

(o) paragraph 73ZM(2)(h) (compliance notices);

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(p) paragraphs 73ZS(3)(l), (4)(h) and (5)(f) and

subsection 73ZS(7) (NDIS Provider Register).

(q) subsection 99(2) (reviewable decisions).

(2) When exercising powers under a delegation, the Commissioner

must comply with any directions of the Minister.

69 Subsection 202(1)

After "delegate to an", insert "Agency".

70 Subsection 202(2)

After "only to an", insert "Agency".

71 After section 202

Insert:

202A Delegation by the Commissioner

(1) Subject to subsection (2) and section 202B, the Commissioner

may, in writing, delegate to a Commission officer any or all of his

or her powers or functions under this Act, the regulations or the

National Disability Insurance Scheme rules.

Note:

See also sections 34AA and 34AB of the Acts Interpretation Act 1901.

(2) Despite subsection (1), the Commissioner may delegate the

Commissioner's powers and functions under Part 2 of Chapter 4

(privacy) only to a member of staff of the Commission (see

section 181U).

(3) A person exercising powers or functions under a delegation under

this section must comply with any directions of the Commissioner.

202B Delegation of regulatory powers

(1) The Commissioner may, in writing, delegate the powers and

functions mentioned in subsection (2), to an SES employee, or an

acting SES employee, in the Commission.

Note 1:

The expressions SES employee and acting SES employee are defined

in section 2B of the Acts Interpretation Act 1901.

Note 2:

See also sections 34AA and 34AB of the Acts Interpretation Act 1901.

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(2) The powers and functions that may be delegated are the powers

and functions under Division 8 of Part 3A of Chapter 4

(compliance and enforcement), including:

(a) powers under the Regulatory Powers Act in relation to the

provisions of this Act; and

(b) powers and functions under the Regulatory Powers Act that

are incidental to a power mentioned in paragraph (a).

(3) A person exercising powers or performing functions under a

delegation under subsection (1) must comply with any directions of

the Commissioner.

72 Subsections 203(1) and (2)

Repeal the subsections, substitute:

(1) This Act applies to an entity that:

(a) is a registered provider of supports; or

(b) wishes to apply for approval as a registered provider of

supports; or

(d) wishes to apply for registration as a registered NDIS

provider; or

(e) is an NDIS provider;

as if the entity were a person, but with the changes mentioned in

subsections (3), (4) and (5).

(2) In addition:

(a) Division 2 of Part 1 of Chapter 4; and

(b) Part 2 of Chapter 4;

apply to an entity as if the entity were a person, but with the

changes mentioned in subsections (3), (4) and (5).

73 At the end of section 203

Add:

(6) This section applies to a contravention of a civil penalty provision

in a corresponding way to the way in which it applies to an

offence.

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(7) For the purposes of this Act, a change in the composition of a

partnership does not affect the continuity of the partnership.

74 Section 204 (heading)

Repeal the heading, substitute:

204 Time frames for decision making by CEO

75 At the end of section 205

Add:

(3) To avoid doubt, subsection (2) does not prevent the Crown from

being liable to pay a pecuniary penalty under section 73ZK or

73ZL.

Note:

Section 73ZK deals with civil penalty orders and section 73ZL deals

with infringement notices.

76 At the end of Part 3 of Chapter 7

Add:

207A State or Territory agreement required in relation to certain

delegations under this Act

(1) The CEO may not delegate a power or function under this Act to

an officer or employee of a State or Territory, or an officer or

employee of a body established for a public purpose by or under a

law of the State or Territory, without the written agreement of the

relevant Minister of the State or Territory.

(2) The Commissioner may not delegate a power or function under this

Act to an officer or employee of a State or Territory, or an officer

or employee of an authority of a State or a Territory, without the

written agreement of the relevant Minister of the State or Territory.

77 After subsection 209(1)

Insert:

(1A) Without limiting subsection 33(3A) of the Acts Interpretation Act

1901, rules made for the purposes of subsection (1) of this section:

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(a) may be of general application or may be limited as provided

in the rules; and

(b) may make different provision in relation to different kinds of

providers, supports, services, circumstances or any other

matter.

78 Subsection 209(8) (at the end of the cell at table item 2,

column headed "Description")

Add:

; (e) section 73H, to the extent that the rules deal with conditions on classes of

registration relating to behaviour support;

(f) subsection 73T(1), to the extent that the NDIS Practice Standards deal with the

screening of workers involved in the provision of supports or services to people with

disability under the National Disability Insurance Scheme.

79 Subsection 209(8) (cell at table item 4, column headed

"Description")

Repeal the cell, substitute:

Rules made for the purposes of any of the

following provisions:

(a) paragraph (b) of the definition of NDIS

provider in section 9;

(b) section 40;

(d) section 67F;

(e) subsection 73B(1);

(f) paragraphs 73E(1)(d), (e) and (f);

(g) section 73H, other than to the extent

covered by table item 2;

(h) paragraphs 73N(1)(d), (e) and (f);

(i) paragraphs 73P(1)(d), (e) and (f);

(j) section 73Q;

(k) subsection 73T(1), other than to the

extent covered by table item 2;

(l) subsection 73V(1);

(m) paragraph 73W(b)

(n) subsection 73X(1);

(o) paragraph 73Y(b);

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(p) subsections 73Z(1) and (5);

(q) paragraph 73ZM(2)(h);

(r) paragraphs 73ZS(3)(l), (4)(h) and (5)(f);

(s) subsection 73ZS(7);

(t) subsection 99(2);

(u) section 106;

(v) section 107;

(w) section 182;

(x) section 194.

80 At the end of section 209

Add:

(9) To avoid doubt, the National Disability Insurance Scheme rules

may not do the following:

(a) create an offence or civil penalty;

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(d) set an amount to be appropriated from the Consolidated

Revenue Fund under an appropriation in this Act;

(e) directly amend the text of this Act.

(10) National Disability Insurance Scheme rules that are inconsistent

with the regulations have no effect to the extent of the

inconsistency, but National Disability Insurance Scheme rules are

taken to be consistent with the regulations to the extent that the

National Disability Insurance Scheme rules are capable of

operating concurrently with the regulations.

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Part 2--Transitional rules

81 Transitional rules

(1)

The Minister may, by legislative instrument, make rules of a transitional

nature (including any saving or application provisions) relating to:

(a) the amendments or repeals made by this Schedule; or

(b) the enactment of this Act.

(2)

Without limiting subitem (1), the rules may make provision in relation

to the following matters:

(a) a State or Territory becoming a participating jurisdiction;

(b) the transition of a person or entity from a registered provider

of supports to a registered NDIS provider;

the States and the Territories to the application of provisions

of the National Disability Insurance Scheme Act 2013, as in

force immediately after the commencement of this item.

(3)

The rules may provide that provisions of this Schedule are taken to be

modified as set out in the rules. Those provisions then have effect as if

they were so modified.

(4)

To avoid doubt, the rules may not do the following:

(a) create an offence or civil penalty;

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(d) set an amount to be appropriated from the Consolidated

Revenue Fund under an appropriation in this Act;

(e) directly amend the text of this Act.

Schedule 2 National Disability Insurance Scheme Review

Part 1 Amendments

National Disability Insurance Scheme Amendment (Quality and

Safeguards Commission and Other Measures) Bill 2017

No. , 2017

Schedule 2--National Disability Insurance

Scheme Review

Part 1--Amendments

National Disability Insurance Scheme Act 2013

1 Subsection 4(2)

Omit "to the extent of their ability".

2 Subsection 4(8)

Omit ", to the full extent of their capacity".

3 After subsection 4(9)

Insert:

(9A) People with disability are central to the National Disability

Insurance Scheme and should be included in a co-design capacity.

4 Subsection 4(12)

Omit ", carers".

5 After subsection 4(12)

Insert:

(12A) The relationship between people with disability and their carers is

to be recognised and respected.

6 Subsection 4(15)

Repeal the subsection, substitute:

(15) In exercising their right to choice and control, people with

disability require access to a diverse and sustainable market for

disability supports in which innovation, quality, continuous

improvement, contemporary best practice and effectiveness in the

provision of those supports is promoted.

National Disability Insurance Scheme Review Schedule 2

Amendments Part 1

No. , 2017

National Disability Insurance Scheme Amendment (Quality and

Safeguards Commission and Other Measures) Bill 2017

7 Paragraph 5(d)

Omit "and the gender,", substitute ", the gender identity, sexual

orientation and intersex status".

8 Section 8

After "to enable them to", insert "provide information in relation to

disability and disability supports and services, to build capacity within

the community in connection with people with disability and to".

9 Section 8

Omit "Scheme Launch Transition".

10 Section 9 (definition of Agency)

Omit "Scheme Launch Transition".

11 Section 9

Insert:

reassessment date of a participant's plan means the date specified

in the plan under paragraph 33(2)(c).

12 Section 9 (definition of review date)

Repeal the definition.

13 Paragraph 14(a)

Repeal the paragraph, substitute:

(a) for the purposes of enabling those persons or entities to

provide information in relation to disability and disability

supports and services; or

(ab) for the purposes of enabling those persons or entities to

provide assistance in building capacity within the community

in connection with the provision of goods and services to

people with disability and their families and carers; or

(ac) for the purposes of enabling those persons or entities to assist

people with disability to realise their potential for physical,

social, emotional and intellectual development; or

Schedule 2 National Disability Insurance Scheme Review

Part 1 Amendments

National Disability Insurance Scheme Amendment (Quality and

Safeguards Commission and Other Measures) Bill 2017

No. , 2017

(ad) for the purposes of enabling those persons or entities to assist

people with disability, and their families and carers, to

participate in social and economic life; or

14 Before subsection 17A(1)

Insert:

(1A) In performing his or her functions and exercising his or her powers

under this Chapter, the CEO must have regard to the principles in

this section.

15 At the end of section 17A

Add:

(4) The principles in this section are in addition to the principles in

section 4 to which the CEO is to have regard in performing his or

her functions and exercising his or her powers under this Act.

16 At the end of subsection 24(1)

Add:

; and (f) such support is most appropriately funded or provided

through the National Disability Insurance Scheme, and is not

more appropriately funded or provided through other general

systems of service delivery or support services offered by a

person, agency or body, or systems of service delivery or

support services offered:

(i) as part of a universal service obligation; or

(ii) in accordance with reasonable adjustments required

under a law dealing with discrimination on the basis of

disability.

17 After paragraph 27(c)

Insert:

(ca) the support a person is likely to require for the person's

lifetime is most appropriately funded or provided through the

National Disability Insurance Scheme; or

18 Section 31

Omit "review", substitute "reassessment".

National Disability Insurance Scheme Review Schedule 2

Amendments Part 1

No. , 2017

National Disability Insurance Scheme Amendment (Quality and

Safeguards Commission and Other Measures) Bill 2017

19 Paragraph 31(c)

Omit ", carers".

20 After paragraph 31(c)

Insert:

(ca) where relevant, recognise and respect the relationship

between participants and their carers; and

21 Paragraph 31(d)

Omit "where possible,".

22 Paragraph 33(2)(c)

Omit "review", substitute "reassess".

23 Subsection 36(3) (note)

Omit "reviewed", substitute "reassessed".

24 Subsection 37(2) (note)

Omit "review", substitute "reassessment".

25 Paragraph 41(2)(c)

Omit "review", substitute "reassessment".

26 Division 4 of Part 2 of Chapter 3 (heading)

Repeal the heading, substitute:

Division 4--Reassessing and changing participants' plans

27 Subsection 47(1) (note)

Omit "review" (first occurring), substitute "reassessment".

28 Subsection 47(1) (note)

Omit "review" (second occurring), substitute "reassess".

29 Section 48 (heading)

Repeal the heading, substitute:

Schedule 2 National Disability Insurance Scheme Review

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National Disability Insurance Scheme Amendment (Quality and

Safeguards Commission and Other Measures) Bill 2017

No. , 2017

48 Reassessment of participants' plans

30 Subsection 48(1)

Omit "review", substitute "reassessment".

31 Subsection 48(2)

Omit "review" (wherever occurring), substitute "reassessment".

32 After subsection 48(2)

Insert:

(2A) In making a decision under subsection (2), the CEO must have

regard to the matters (if any) prescribed by the National Disability

Insurance Scheme rules for the purposes of this subsection.

33 Subsection 48(3)

Omit "review" (wherever occurring), substitute "reassessment".

34 Subsection 48(4)

Omit "review", substitute "reassessment".

35 Subsection 48(5)

Omit "review" (wherever occurring), substitute "reassessment".

36 Subsection 48(6)

Omit "review", substitute "reassessment".

37 Section 49 (heading)

Repeal the heading, substitute:

49 Outcome of reassessment

38 Section 49

Omit "review", substitute "reassessment".

39 Section 50 (heading)

Repeal the heading, substitute:

National Disability Insurance Scheme Review Schedule 2

Amendments Part 1

No. , 2017

National Disability Insurance Scheme Amendment (Quality and

Safeguards Commission and Other Measures) Bill 2017

50 Information and reports for the purposes of reassessing a

participant's plan

40 Subsection 50(1)

Omit "reviewing", substitute "reassessing".

41 Paragraph 50(2)(a)

Omit "reviewing", substitute "reassessing".

42 Subsection 50(3)

Omit "review", substitute "reassess".

43 Subsection 50(3) (note)

Omit "reviewed" (wherever occurring), substitute "reassessed".

44 Before paragraph 55(2)(a)

Insert:

(aa) whether a person with disability may be eligible for services

or supports under the National Disability Insurance Scheme;

45 Paragraph 55(2)(d)

Omit "review", substitute "reassessment".

46 Subsection 60(1)

Repeal the subsection.

47 Subsection 60(3)

Omit "subsections (1) and (2), the collection, recording", substitute

"subsection (2), the recording".

48 Section 61

Repeal the section.

49 Subsection 66(1)

After "sections 62", insert ", 64".

Schedule 2 National Disability Insurance Scheme Review

Part 1 Amendments

National Disability Insurance Scheme Amendment (Quality and

Safeguards Commission and Other Measures) Bill 2017

No. , 2017

50 Paragraphs 78(1)(a) and (5)(a)

Omit "review", substitute "reassessment".

51 Paragraph 79(1)(a)

Omit "review", substitute "reassessment".

52 After subsection 90(3)

Insert:

Nominee no longer has guardianship etc.

(3A) The CEO may, by written instrument, cancel the appointment of a

nominee if:

(a) at the time the appointment was made, the nominee was a

person who, under a law of the Commonwealth, a State or a

Territory:

(i) had guardianship of the participant; or

(ii) was appointed by a court, tribunal, board or panel

(however described) who had power to make decisions

for the participant and whose responsibilities in relation

to the participant were relevant to the duties of a

nominee; and

(b) the nominee no longer has guardianship of the participant or

holds the appointment referred to in subparagraph (a)(ii) (as

the case requires).

53 Paragraph 96(2)(b)

Omit "review", substitute "reassessment".

54 Paragraph 99(f)

Omit "review", substitute "reassess".

55 Paragraph 104(3)(f)

After "her family", insert "or carers".

56 Chapter 6 (heading)

Repeal the heading, substitute:

National Disability Insurance Scheme Review Schedule 2

Amendments Part 1

No. , 2017

National Disability Insurance Scheme Amendment (Quality and

Safeguards Commission and Other Measures) Bill 2017

Chapter 6--National Disability Insurance

Agency

57 Part 1 of Chapter 6 (heading)

Repeal the heading, substitute:

Part 1--National Disability Insurance Agency

58 Subsection 117(1)

Repeal the subsection, substitute:

(1) The body known immediately before the commencement of this

subsection as the National Disability Insurance Scheme Launch

Transition Agency is continued in existence with the new name the

National Disability Insurance Agency.

Note:

See also section 25B of the Acts Interpretation Act 1901.

59 At the end of subsection 127(2)

Add:

Note:

A person with lived experience of disability is eligible for

appointment under paragraph (a).

60 Paragraph 174(1)(b)

Omit "1 month", substitute "6 weeks".

61 Subsection 174(5)

Repeal the subsection.

62 Paragraph 182(2)(c)

Repeal the paragraph, substitute:

supports funded under a participant's plan and the participant

died before the supports were provided.

63 Subsection 209(3)

Repeal the subsection, substitute:

Schedule 2 National Disability Insurance Scheme Review

Part 1 Amendments

National Disability Insurance Scheme Amendment (Quality and

Safeguards Commission and Other Measures) Bill 2017

No. , 2017

(3) When making National Disability Insurance Scheme rules, the

Minister must have regard to:

(a) the objects and principles of this Act; and

(b) the need to ensure the financial sustainability of the National

Disability Insurance Scheme.

National Disability Insurance Scheme Review Schedule 2

Application provisions Part 2

No. , 2017

National Disability Insurance Scheme Amendment (Quality and

Safeguards Commission and Other Measures) Bill 2017

Part 2--Application provisions

64 Application of amendments

(1)

The amendment of subsection 24(1) of the National Disability

Insurance Scheme Act 2013 made by this Schedule does not apply in

relation to:

(a) requests to become participants made before the

commencement of this Schedule; or

(b) persons who became participants before the commencement

of this Schedule.

(2)

The amendment of section 90 of the National Disability Insurance

Scheme Act 2013 made by this Schedule applies in relation to the

cancellation of appointments of nominees after the commencement of

this Schedule, regardless of when the nominee was appointed.

(3)

The amendment of paragraph 182(2)(c) of the National Disability

Insurance Scheme Act 2013 made by this Schedule applies in relation to

payments of NDIS amounts made before or after the commencement of

this Schedule.

Commonwealth of Australia Bills

NATIONAL DISABILITY INSURANCE SCHEME AMENDMENT (QUALITY AND SAFEGUARDS COMMISSION AND OTHER MEASURES) BILL 2017