DISCLOSURE LOG - FOI 24/25-0764 DOCUMENT 2
ndis
Review of the Act, Rules, Our Guidelines and NDIS Supports
Facilitator notes:
Say Hi everyone and welcome to this session on the Act, Rules, Our Guidelines and NDIS supports.
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Acknowledgement of Country
Before we begin, I would like to acknowledge the Traditional Owners and Custodians of the Country on which we meet today, and their continuing connection to land, sea, and community. I pay my respects to their Elders, past and present.
I would like to extend that acknowledgement and respect to any Aboriginal and Torres Strait Islander peoples here today.
Facilitator notes:
[Show or hide this slide as needed.]
Say
Before we begin, I would like to acknowledge the Traditional Owners and Custodians of the Country on which we meet today, and their continuing connection to land, sea, and community. I pay my respects to their Elders, past and present.
I acknowledge that I am facilitating this training from the lands of the [insert name] people.
I would like to extend that acknowledgement and respect to any Aboriginal and Torres Strait Islander peoples here today.
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OFFICIAL
Session Outline
In this module, we explore the legislation and resources that you’ll use to guide your decision making.
Facilitator notes:
Say
In this module, we explore the legislation and resources that you’ll use to guide your decision making. This will include the NDIS Act, NDIS Becoming a Participant Rules, Our Guidelines and the NDIS supports lists.
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Learning outcomes
This session has been designed to help you:
- Identify the legislation that underpins the NDIS
- Navigate to key guidance used in the Access process.
Facilitator notes:
Say Let’s look at our learning outcomes for today’s session.
This session has been designed to help you:
- Identify the legislation that underpins the NDIS and navigate to key guidance used in the Access process.
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NDIS Act
The National Disability Insurance Scheme (NDIS) Act is the legislation which establishes The National Disability Insurance Scheme.
To access the NDIS, a person must meet specific access requirements outlined in the relevant legislation.
Facilitator notes:
Say What is the NDIS Act?
Click [for animation]
The National Disability Insurance Scheme (NDIS) Act is the legislation which establishes The National Disability Insurance Scheme.
Among other things, the NDIS Act sets out:
- The objects and principles under which the NDIS operates
- How a person can become a participant in the NDIS
- A process for internal and external review of certain decisions made under the NDIS Act.
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Click [for animation]
To access the NDIS, a person must meet specific access requirements outlined in the relevant legislation.
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NDIS Act: Becoming a participant
The NDIS Act is the primary consideration when determining access.
Access - Part 1—Becoming a participant
- s 21: When a person meets the access criteria
- s 22: Age requirements
- s 23: Residence requirements
- s 24: Disability requirements
- s 25: Early Intervention Requirements
- s 26: Requests that the CEO may make
Facilitator notes:
Say The NDIS Act is the primary consideration when determining access for a person applying to become a participant of the Scheme.
The relevant section for Access is found within Chapter 3—Participants and their plans, Part 1—Becoming a participant.
This section covers items such as making an access request, the timeframes that we must make a decision upon receiving an access request, and when a person ceases to be a participant.
Part 1 — Becoming a Participant is important legislation for the access request and access decision making process.
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As Access Assessors, Sections 21 through to 26 are the most common sections that you will be using in your day to day assessing.
Section 21: When a person meets the access criteria Section 22: Age requirements Section 23: Residence requirements Section 24: Disability requirements Section 25: Early Intervention requirements Section 26: Requests that the CEO may make.
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Changes to legislation
NDIS Act 2013
Legislation Amendments 2024
Future
Facilitator notes:
Say
Some amendments to the NDIS Act 2013 were made in 2024 and we will also see future changes. Changes to legislation and rules will be communicated as they come into effect and you can read detailed information on the NDIS website.
The 2024 changes to legislation:
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- Create the scaffolding needed to progress key NDIS Review recommendations in partnership with people with disability and the disability community.
- Clarify the intention of existing legislation to improve the delivery of the Scheme now, reinforcing the original intent of the Scheme.
Changes were implemented on 03.10.2024 and you will come across some of these changes in your work.
We have made it easy for you to identify any changes that apply by developing guidance and in-system prompts.
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You will learn about each of these changes in detail as you progress through your training.
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OFFICIAL
Activity: The Act
NDIS Act Chapter 3 Part 1 — Becoming a Participant
Facilitator notes:
Say We are now going to have a look at the NDIS Act. Take some time to familiarise yourself with navigating the Act, and use the NDIS Act to answer the following questions.
[Refer learners to NDIS Act — Chapter 3 — Part 1 — Becoming a Participant. Go to the ‘Intranet’, hover over ‘Service Delivery’, select
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‘Access’, scroll down and select ‘NDIS Act 2013’.]
Paste in chat
[Question 1. If a person makes an access request, what must the CEO do? How long does the CEO have to do this?]
Question 2. Does a person have to meet all five of the criteria to have met the Disability Requirements?
Question 3. When does a person become a participant in the NDIS?]
[Give learners 20 mins to complete activity. Answers on next slide.]
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Answers: The Act
Question 1. If a person (the prospective participant) makes an access request, the CEO must:
(a) decide whether or not the prospective participant meets the access criteria; or (b) make one or more requests under subsection 26(1).
The CEO must do this within 21 days, unless specified for a lesser number of days in the Rules.
Question 2.
Yes. Under Section 24 - Disability Requirements, a person must meet Sections 24(1)(a) through to 24(1)(e) to meet the Disability requirements.
Question 3.
A person becomes a participant in the National Disability Insurance Scheme on the day the CEO decides that the person meets the access criteria.
Facilitator notes:
Click [for animation]
Say Question 1. If a person makes an access request, what must the CEO do? How long does the CEO have to do this?
Pause [for answers]
Click [for animation]
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The answer can be found in Section 20 - CEO must consider and decide access requests.
If a person (the prospective participant) makes an access request, the CEO must:
(a) decide whether or not the prospective participant meets the access criteria; or
(b) make one or more requests under subsection 26(1).
The CEO must do this within 21 days, unless specified for a lesser number of days in the Rules.
Click [for animation]
Question 2. Does a person have to meet all five of the criteria to have met the Disability Requirements?
Pause [for answers]
Click [for animation]
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Yes. Under Section 24, Disability Requirements, a person must meet Sections 24(1)(a) through to 24(1)(e) to meet the Disability requirements.
Click [for animation]
Question 3. When does a person become a participant in the NDIS?
Pause [for answers]
Click [for animation]
The answer can be found in Section 28 - When a person becomes a participant.
A person becomes a participant in the National Disability Insurance Scheme on the day the CEO decides that the person meets the access criteria.
How did everyone go with those questions? Any questions?
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OFFICIAL
The NDIS (Becoming a Participant) Rules 2016
The NDIS Rules are legislative instruments made under the NDIS Act.
They accompany, and should be read in conjunction with, the NDIS Act.
OFFICIAL
Facilitator notes:
*Say*
The NDIS Rules are legislative instruments made under the NDIS Act. They set out the more detailed operation of the NDIS. They accompany, and should be read in conjunction with, the NDIS Act.
*Click* [to go to next slide]
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NDIS Rules
The NDIS (Becoming a Participant) Rules 2016 assists delegates to determine who becomes a participant of the Scheme, and sets out rules in answer to the following questions:
When does a person meet the;
- age requirements?
- residence requirements?
- disability requirements?
- early intervention requirements?
OFFICIAL
Facilitator notes:
*Say*
The NDIS (Becoming a Participant) Rules 2016 assists Assessors to determine who becomes a participant of the Scheme, and sets out rules for when a person meets the age, residency, disability, and early intervention requirements.
*Click* to go to next slide
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OFFICIAL
Activity: Participant rules
National Disability Insurance Scheme (Becoming a Participant) Rules 2016
OFFICIAL
Facilitator notes:
*Say*
We are now going to have a look at the National Disability Insurance Scheme (Becoming a Participant) Rules 2016.
Take some time to read the National Disability Insurance
Scheme (Becoming a Participant) Rules 2016, and then answer the following questions.
[Refer learners to National Disability Insurance Scheme (Becoming a Participant) Rules 2016. Go to the ‘Intranet’, hover over ‘Service Delivery’, select ‘Access’, scroll down and select ‘National Disability Insurance Scheme (Becoming a Participant) Rules 2016’.]
*Paste in chat* [Question 1. What sections of the NDIS (Becoming a Participant) Rules 2016 relate to determining when an impairment is permanent or likely to be permanent for the disability
requirements?_
Question 2. According to Part 2.2, what does the NDIS(Becoming a Participant) Rules 2016 do?
Question 3. Where will you find information on the Early Intervention requirements in the Rules?]
[Give learners 15-20 mins to complete activity. Answers on next slide.]
*Click* [to go to next slide]
OFFICIAL
Answers: The rules
Question 1
Part 5.4 – 5.7
Question 2
The Instrument assists the CEO to determine who becomes a participant.
Question 3
Part 6 - When does a person meet the early intervention requirements?
OFFICIAL
Facilitator notes:
*Click* [for animation]
*Say*
Question 1. What sections of the NDIS (Becoming a Participant) Rules 2016 relate to determining when an impairment permanent or likely to be permanent for the disability requirements?
*Pause* [for answers]
*Click* [for animation]
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Part 5.4 – 5.7.
*Click* [for animation]
Question 2. According to Part 2.2, what does the NDIS(Becoming a Participant) Rules 2016 set out to do?
*Pause* [for answers]
*Click* [for animation]
The Instrument assists the CEO to determine who becomes a participant.
*Click* [for animation]
Question 3. Where will you find information on the Early Intervention requirements in the Rules?
*Pause* [for answers]
*Click* [for animation]
Part 6 - When does a person meet the early intervention requirements?
How did everyone go with those questions? Any questions?
*Click* [to go to next slide]
OFFICIAL
Our Guidelines
Our Guidelines contain information about what to consider when making decisions under the NDIS Act.
National Disability Insurance Scheme (NDIS) (external)
OFFICIAL
Facilitator notes:
*Say*
Our Guidelines contain information about what to consider when making decisions under the NDIS Act.
They are based on the NDIS Legislation and Rules, and provide guidance and Agency policy position, on the interpretation of legislation and Rules when determining whether a person with disability meets the access criteria to become a participant in the NDIS.
*Click* [to go to next slide]
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OFFICIAL
Our Guidelines
- The age requirements
- The residence requirements
- The disability requirements
- The early intervention requirements
- Determining whether an applicant meets the access criteria
OFFICIAL
Facilitator notes:
*Say*
The most relevant sections of the Our Guidelines for Access are:
*Click* [for animation]
The age requirements
*Click* [for animation]
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The residence requirements
*Click* [for animation]
The disability requirements
*Click* [for animation]
The early intervention requirements
*Click* [for animation]
Determining whether an applicant meets the access criteria
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OFFICIAL
Lists A, D and B
For some primary disabilities, the access process is streamlined.
- List A — Conditions that are likely to meet the disability requirements
- List D (aged under 7) — Conditions that are likely to meet the early intervention requirements
- List B — The NDIA is satisfied that the person has a disability attributable to one or more impairments that are, or are likely to be, permanent (Section 24.1.a & Section 24.1.b are satisfied)
A person does not need to have a condition on a List to become a participant in the NDIS.
Facilitator notes:
*Say*
Our Guidelines also contain a streamlined process for assessing applicants with certain disabilities.
*Click* [for animation]
Where a person has a condition on List A of Our Guidelines, they are likely to meet the disability requirements without the need to provide evidence of permanency or reduced functional capacity.
*Click* [for animation]
Where a child under the age of 7 has a condition on List D of Our Guidelines, they will meet the early intervention requirements without providing further evidence of their impairment.
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*Click* [for animation]
Where a person has a condition on List B of Our Guidelines, they will meet the requirement to have a disability attributable to impairment that is permanent. They will need to provide evidence about the impact of their impairment on their functional capacity and social or economic participation, and their need for lifetime support from the NDIS.
*Click* [for animation]
It is important to note that a person does not need to have a condition on a List to become a participant in the NDIS.
*Click* [to go to next slide]
OFFICIAL
Activity: OGs
Our Guidelines Applying to the NDIS
OFFICIAL
Facilitator notes:
We are now going to have a look at Our Guidelines.
Use Our Guidelines - Applying to the NDIS to answer the following questions.
[Refer learners to Refer to the Our Guidelines — Applying to the NDIS. Go to the ‘Intranet’, hover over ‘Service Delivery’, select ‘Access’,
scroll down and select ‘NDIS Operational Guidelines’, scroll down and select ‘Applying to the NDIS’.]
*Paste in chat*
[Question 1. Ben is 64 when he submits an access request to the NDIA. We were not able to process the request until two weeks later, by which time Ben has turned 65. Does he meet the NDIA’s Age Requirements? Question 2. Nathan is an Australian citizen. He is 28 and for over a decade has spent most of each year in Jakarta, Indonesia with his Mum and Dad, who run a business there. Over Christmas each year Nathan returns to Sydney and lives with his grandmother for five weeks. Does Nathan’s time with his grandmother mean that it’s certain he will meet the Residence Requirements? Question 3. Ricky was born in New Zealand. He received a Special Category Visa (SCV) when he arrived in Australia for the first time two years ago. Does Ricky meet the Residence Requirements? Question 4. If an adult who has met the Age and Residence requirements then fails to meet all the Disability Requirements, what should the delegate then do?
Question 5: What is different in the access decision making process for people who have a condition on List A?
Question 6: Does a person need an impairment that is, or is likely to be, permanent in order to meet the Early Intervention criteria?]
[Give learners 20-30 mins to complete activity. Answers on next slide.]
*Click* [to go to next slide]
OFFICIAL
Answers: OGs (1 of 2)
Question 1
Yes. A person needs to be under 65 at the time of making the request.
Question 2
No. In fact, it’s likely that Nathan won’t meet the Residence criteria.
Question 3
No. Ricky must not only be a SCV holder, – he must be a ‘Protected SCV’.
OFFICIAL
Facilitator notes:
*Click* [for animation]
*Say*
Question 1: Ben is 64 when he submits an access request to the NDIA.
We were not able to process the request until two weeks later, by which time Ben has turned 65. Does he meet the NDIA’s Age Requirements?
*Pause* [for answers]
*Click* [for animation]
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Yes. A person needs to be under 65 at the time of making the request.
*Click* [for animation]
Question 2: Nathan is an Australian citizen.
He is 28 and for over a decade has spent most of each year in Jakarta, Indonesia with his Mum and Dad, who run a business there.
Over Christmas each year Nathan returns to Sydney and lives with his grandmother for five weeks.
Does Nathan’s time with his grandmother mean that it’s certain he will meet the Residence Requirements?
*Pause* [for answers]
*Click* [for animation]
No. In fact, it’s likely that Nathan won’t meet the Residence criteria – it sounds like he permanently resides in Jakarta.
The Access Delegate would need to explore the considerations against the Act and Our Guidelines.
*Click* [for animation]
Question 3: Ricky was born in New Zealand. He received a Special Category Visa (SCV) when he arrived in Australia for the first time two years ago.
Does Ricky meet the Residence Requirements?
*Pause* [for answers]
*Click* [for animation]
No. Ricky must not only be a SCV holder, – he must be a “Protected SCV”.
These are held by people who were in Australia with an SCV on 26 February 2001 or had been in the country for at least 12 months out of the two years before that date.
*Click* [to go to next slide]
OFFICIAL
Answers: OGs (2 of 2)
Question 4
Consider whether the person would meet the early intervention requirements.
Question 5
That the person meets all elements of the disability requirements in section 24 of the NDIS Act without requiring additional evidence.
Question 6
Yes – the impairment needs to be permanent or likely to be permanent, unless the person has an impairment that is on List D or is a child under 6 years of age with a developmental delay.
Facilitator notes:
*Click* [for animation]
*Say*
Question 4: If an adult who has met the Age and Residence requirements then fails to meet all the Disability Requirements, what should the delegate then do?
*Pause* [for answers]
*Click* [for animation]
The delegate should then consider whether the person would meet the early intervention criteria.
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Note that for children under seven this order is reversed – delegates should first consider whether the child meets the EI requirements (unless they are on List A).
*Click* [for animation]
Question 5: What is different in the access decision making process for people who have a condition on List A?
*Pause* [for answers]
*Click* [for animation]
The delegate can be satisfied that the person meets all elements of the disability requirements in section 24 of the NDIS Act without requiring additional evidence.
*Click* [for animation]
Question 6: Does a person need an impairment that is, or is likely to be, permanent in order to meet the Early Intervention criteria?
*Pause* [for answers]
*Click* [for animation]
Yes – the impairment needs to be permanent or likely to be permanent.
Unless the person has an impairment that is on List D, or is a child under 6 years of age with a developmental delay.
EI seeks to address the IMPACT (not the permanency) of the impairment through the provision of appropriate
supports.
How did everyone go with those questions? Any questions?
*Click* [to go to next slide]
OFFICIAL
NDIS supports lists
What does NDIS fund? (external)
OFFICIAL
Facilitator notes:
*Say*
There are many government services providing supports to people with disability, including the NDIS, and state, territory and Commonwealth Government services like health, education, justice and transport.
NDIS supports are the services, items, and equipment that can be funded by the NDIS.
We refer to the NDIS supports lists to determine what can be funded by the NDIS and to help us make access decisions.
The NDIS Supports lists detail redacted: what NDIS funding can and cannot be spent on.
*Click* [to go to next slide]
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OFFICIAL
Applied Principles and Tables of Support
(APTOS)
Outlines the roles and responsibilities of different sectors who deliver supports to people with disability
APTOS (External)
OFFICIAL
Facilitator notes:
*Say*
Our governments work together so that people with disability receive the support they require to meet their individual needs.
The Applied Principles and Tables of Support (APTOS) is a document outlining the roles and responsibilities of different sectors who deliver supports to people with disability.
The APTOS was developed by the former Council of Australian Governments (COAG) and you may hear the resource referred to internally as COAG.
The APTOS is publicly available and can provide you with further understanding of service systems available throughout Australia.
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Hierarchy
NDIS Act
NDIS Rules
Our Guidelines NDIS Support lists
Knowledge Articles and Practice Guidance
OFFICIAL
Facilitator notes:
*Say*
As an Agency, we deliver the NDIS through the legislation of the NDIS Act and the NDIS Becoming a Participant Rules 2016.
Our Guidelines set out the Agency policy position and help inform the public on how we interpret the legislation.
Our Guidelines and the NDIS supports lists are based on the NDIS Legislation and Rules.
They have information on how we as an Agency make decisions.
The Act, Rules, Our Guidelines and NDIS supports list are there to support you to do your work.
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They are also available to the public on the NDIS website.
We also have resources that are only available to internal staff.
These resources describe the process for us to complete our work in our Business System.
An example of this are Knowledge Articles.
During your training you will need to become comfortable with where to find the information you need to do your work.
*Click* [to go to next slide]
OFFICIAL
Questions
OFFICIAL
Facilitator notes:
*Say*
That brings us to the end of this training session.
Does anyone have any questions?
[Look for hands up and answer questions.]
*Click* [to go to next slide]
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OFFICIAL
Resources
NDIS Act 2013 (external)
NDIS (Getting the NDIS Back on Track No. 1) Act 2024 (external)
Our Guidelines – Applying to the NDIS (external)
NDIS (Becoming a Participant) Rules 2016 (external)
NDIS supports lists (external)
OFFICIAL
Facilitator notes:
*Say*
Here is a list of resources relevant to this module. Please take a few moments to bookmark them if you haven’t already.
Thanks everyone, bye.
*End of presentation*
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OFFICIAL
Version Control
| Version | Amended/Approved by | Brief Description of Change | Status | Date |
|---|---|---|---|---|
| V3.0 | CH0026 | CLASS 2 Approval | APPROVED | 2024-11-06 |
OFFICIAL
Hidden slide – Version control
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