s24 & s25 Technical Advice (Access Requirements)

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       Technical Advice and Practice Improvement Branch
        s24 & s25 Technical Advice

The contents of this document are OFFICIAL: SENSITIVE

Advice Overview

Keywords:

redacted

Prospective Participant Details

Prospective Participant Name: redacted: s47F - Personal privacy

Prospective Participant’s NDIS Number: redacted: s47F - Personal privacy

Primary Disability / Disabilities: redacted

Secondary Disability / Disabilities: redacted

Requestor Details

Requestor ID: redacted: s22 - Irrelevant material

Advice Request: redacted

Advisor Details

Advisor: redacted: s22 - Irrelevant material

Advice Date: redacted: s22 - Irrelevant material

Advice Reviewed by: redacted: s22 - Irrelevant material

Advice Cleared by: redacted: s22 - Irrelevant material

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       Technical Advice and Practice Improvement Branch
        s24 & s25 Technical Advice

Technical Advice Case Details

Evidence Considered

redacted

Advisors’ Additional Comments

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Advisor’s Recommendations / Next Steps

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Are any other legislative references required?

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s24 (Disability Requirements) Legislative Criteria

Section 24(1)(a): The person has a disability that is attributable to one or more intellectual, cognitive, neurological, sensory, or physical impairments or the person has one or more impairments to which a psychosocial disability is attributable.

MET / NOT MET

[Enter information; mandatory if criteria not met / more information required]

Section 24(1)(b): The impairment or impairments are, or are likely to be, permanent.

MET / NOT MET

[Enter information; mandatory if criteria not met / more information required]

Section 24(1)(c): The impairment or impairments result in substantially reduced functional capacity to undertake one or more of the following activities: Communication, social interaction, learning, mobility, self‑care, self‑management.

MET / NOT MET

[Enter information; mandatory if criteria not met / more information required]

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       Technical Advice and Practice Improvement Branch
        s24 & s25 Technical Advice

Section 24(1)(d) The impairment or impairments affect the person’s capacity for social or economic participation.

MET / NOT MET

[Enter information; mandatory if criteria not met / more information required]

Section 24(1)(e) The person is likely to require support under the National Disability Insurance Scheme for the person’s lifetime.

MET / NOT MET

[Enter information; mandatory if criteria not met / more information required]

s25 (Early Intervention Requirements) Legislative Criteria

Section 25(1)(a): A person meets the early intervention requirements if the person:

      (i) has one or more identified intellectual, cognitive, neurological, sensory, or physical
 impairments that are, or are likely to be, permanent; or

      (ii) has one or more identified impairments that are attributable to a psychiatric
  condition and are, or are likely to be, permanent; or

      (iii) is a child who has developmental delay.

MET / NOT MET

[Enter information; mandatory if criteria not met / more information required]

Section 25(1)(b) The CEO is satisfied that provision of early intervention supports for the person is likely to benefit the person by reducing the person’s future needs for supports in relation to disability.

MET / NOT MET

[Enter information; mandatory if criteria not met / more information required]

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       Technical Advice and Practice Improvement Branch
        s24 & s25 Technical Advice

Section 25(1)(c) The CEO is satisfied that provision of early intervention supports for the person is likely to benefit the person by:

      (i) mitigating or alleviating the impact of the person's impairment upon the functional
  capacity of the person to undertake communication, social interaction, learning,
  mobility, self-care, or self-management; or

      (ii) preventing the deterioration of such functional capacity; or

      (iii) improving such functional capacity; or

    (iv) strengthening the sustainability of informal supports available to the person,
  including through building the capacity of the person's carer.

MET / NOT MET

[Enter information; mandatory if criteria not met / more information required]

Section 25(2): The CEO is taken to be satisfied as mentioned in paragraphs (1)(b) and (c) if one or more of the person’s impairments are prescribed by the National Disability Insurance Scheme rules for the purposes of this subsection.

MET / NOT MET

[Enter information; mandatory if criteria not met / more information required]

Section 25(3): Despite subsections (1) and (2), the person does not meet the early intervention requirements if the CEO is satisfied that early intervention support for the person is not most appropriately funded or provided through the National Disability Insurance Scheme, and is more appropriately funded or provided through other general systems of service delivery or support services offered by a person, agency, or body, or through systems of service delivery or support services offered:

   (a) as part of a universal service obligation; or

   (b) in Accordance with reasonable adjustments required under a law dealing with
  discrimination on the basis of the disability.

MET / NOT MET

[Enter information; mandatory if criteria not met / more information required]

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       Technical Advice and Practice Improvement Branch
        s24 & s25 Technical Advice

Advisor Opinion

Does the prospective participant meet access criteria?

MET / NOT MET

[Enter information here; if the participant meets access, specify which set of criteria (s24 OR s25) the participant met access with]

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       Technical Advice and Practice Improvement Branch
        s24 & s25 Technical Advice

Advice Consideration

When using this advice to assist with decision making it should be dealt with carefully. The Technical Advice and Practice Improvement Branch (TAPIB) is not the decision maker. Decision makers should base their decisions on the relevant law, and take into account the TAPIB advice and other relevant factors.

Where written reasons are provided for the decision, this correspondence should be self-contained with the decision maker’s reasons set out. Reasons contained in the TAPIB advice may be paraphrased in any written correspondence about the decision as the decision maker’s reasons, however the TAPIB advice should not be distributed as the decision.

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