NDIA Accountability Project

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Check decision – legislative timeframes

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Check decision – legislative timeframes

This article provides guidance for an access delegate to:

• understand application decision timeframes • check if application is outside the legislative timeframe • record when application is outside the legislative timeframe.

Recent updates

December 2023

Guidance improvement with knowledge update and PACE alignment, includes:

• both service level agreements (SLA) for 21 and 14 days

• how to check if SLA is overdue for the access decision.

Before you start

You have:

• read and understood Our Guideline - Applying to the NDIS, including section How

do we decide if you’re eligible? • utilised article Make an access decision.

Application legislative timeframes

Understand access decision timeframes

When a person applies to become a NDIS participant, you have 21 days to make a decision on the application. You must decide which of the following applies:

• the application is access met • the application is access not met • we need more information to make a decision.

For more information, refer to the How do we decide if you’re eligible? section in Our Guideline

  • Applying to the NDIS.

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If you need more information, the applicant will need to provide additional evidence. When this evidence is submitted, you have 14 more days to decide from the three options above.

For more information, refer to Our Guideline - Applying to the NDIS, in section What if we need more information to decide if you’re eligible?

Check legislative timeframes

  1. From Details tab in Access Decision case. It must be the access decision case.

  2. At case dashboard, check the Priority status is Overdue. The status can also be found in Case Information.

  3. At Case Activity tab, scroll to Case Milestones.

  4. A ticked Violation check box confirms application is outside the legislative timeframes:

• If yes – record an internal note, go to Record application is outside the legislative timeframe in this article.

• If no – go to Next Steps in this article.

Record application is outside the legislative timeframe

If the decision for an application takes longer than the legislative timeframe, you must record this in an internal note as internal communication in PACE.

  1. Utilise article Log an activity or internal note.

  2. Record with Outside legislative timeframe (template):

Legislative Timeframe Not Met

An access decision was not made in the legislative timeframe of  <choose applicable – 14 / 21> days.

Under s21(3) the applicant is taken to not meet the access requirements, and under s100, an internal review of the decision was commenced.

As a delegate of the CEO, I have reviewed and overturned the decision to avoid further delays for the applicant. The access request will now be re-considered.

Next steps

  1. After recording the internal note, resume the application assessment. Continue to follow the guidance in article Make an access decision.

Article topics and case names – internal use only

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SGP Knowledge Article Template

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Topics This article relates to the following topics:

e t_applying e t_createaplan.

Case names You can use this guidance for the:

e dc_case_accessrequest e dc_case_checkin

e dc_case_planapproval.

Version control

Version Amended Brief Description of Change Status by

1.1 GCP654_ | Update for Staff Experience micro release DRAFT 2023-02-27 1.2 LCM135 |Cl-Applying work package DRAFT 2023-10-17 1.3 DFB448 |Peer review DRAFT 2023-10-20 1.4 LCM135 |Respond to Peer Review feedback DRAFT 2023-10-23 1.5 LCM135 |VT Review DRAFT 2023-10-24

Number of long sentences: 6 (7.79%)

Number of Passive Sentences: 3 (3.90%)

Readability: 49

Grade Level: 7.9 1.6 LCM135 |Respond to VT Review feedback DRAFT 2023-10-24 1.7 VFK746_ |EL1 review — progress to BILS and Domain DRAFT 2023-11-03

for review 1.8 LCM135 |BILs feedback DRAFT 2023-11-10 1.9 LCM135 |Respond to BILs feedback DRAFT 2023-11-10

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Version Amended Brief Description of Change Status

by

1.10 TERO30 |Guidance lead review and update from BILs DRAFT 2023-11-17 and Domain consultation:

1.11 VFK746 |EL1 review — progress to EL2 for QA and DRAFT 2023-11-21 publishing approval 2.0 EMN960_ |EL2 approval APPROVED | 2023-11-21 V2.0 2023-11-21 Check decision - legislative timeframes Page 4 of 5 This document is uncontrolled when printed OFFICIAL

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