DOCUMENT 6
From: redacted: s22(1)(a)(ii) - irrelevant Peggie
To: redacted: s22(1)(a)(ii) - irrelevant Jarrad
Cc: redacted: s22(1)(a)(ii) - irrelevant redacted: s22(1)(a)(ii) - irrelevant Nicholas; redacted: s22(1)(a)(ii) - irrelevant Sara; redacted: s22(1)(a)(ii) - irrelevant Sally
Subject: FW: Plan settings and ppt preference [SEC=UNOFFICIAL]
Date: 14 April 2025 09:23:38
Attachments: image003.png, Attachment A - NDIA policy positions on new framework planning rules v0.4.docx
Hi Jarrad
Just coming back on which plan settings require consideration of ppt preference —
I’ve set out the specifics as we understand them below, however there may be an administrative law obligation for a delegate to consider a participant’s preference if they make a request, even if there is no express legislated requirement to consider it (either in the Act or Rules). It may be worthwhile for you to get legal advice on this if needed.
Please let me know if you’d like to chat through. Plan management, funding periods and s45 is me, restrictions and requirements are Dan and Nick.
Thanks PT
redacted: s22(1)(a)(ii) - irrelevant material
Funding periods
NDIS Act
- Funding periods are part of the reviewable decision to approve the statement of participant supports under section 32D.
- Delegate to specify start and end date and proportion of funds in funding periods (for flexible funding and for stated support/s).
- There is no requirement to consider participant preference on funding periods in the NDIS Act, although the statement must be “prepared with the participant”
Legislative instruments
- NDIS Rules to be made under section 32J in relation to funding periods may require consideration of participant preference for setting funding period start and end dates. The proposed Agency position is that participant preference should be one matter taken into account only if there are exceptional circumstances indicating a funding period longer than 3 months may be applied. This position is not settled and drafting instructions have not yet been prepared for this Rule. No requirement is proposed by the Agency for the section 32J Rules around participant preference in relation to the proportion of funds in a funding period. However, the Rule has not been drafted so there remains a degree of uncertainty around the final position.
- Note that the comparable legislative instrument for funding periods in old framework plans (the Old Framework Plans Determination 2024) does require that a delegate take into account the participant’s preference in relation to funding period length. The instrument does not consider the proportion of funds.
Operational Policy
- Has not been drafted for new framework plans and would reflect the s32J Rules.
redacted: s22(1)(a)(ii) - irrelevant material
Peggie redacted: s22(1)(a)(ii) - irrelevant
Branch Manager, Scheme Policy
National Disability Insurance Agency
M: redacted: s22(1)(a)(ii) - irrelevant material | E: peggie.redacted: s22(1)(a)(ii) - irrelevant@ndis.gov.au