FOI 24/25-1158 Disclosure Log
DOCUMENT 9
The contents of this document are OFFICIAL
National Disability Insurance Scheme Act 2013 Instrument of Delegation 1 of 2025
I, SAMUEL PORTER, acting Chief Executive Officer of the National Disability Insurance Agency:
REVOKE
(a) the National Disability Insurance Scheme Act 2013 Instrument of Delegation 5 of 2024 signed on 3 October 2024, and all variations made to that Instrument, and
DELEGATE
(b) the powers and functions under the National Disability Insurance Scheme Act 2013 as described in the tables in Schedule 1 to Agency officers in the positions identified in the tables in Schedule 1^12
The delegation of powers and functions set out in Schedule 1 is to be read subject to Schedule 2, Schedule 3 and Schedule 4.
The delegation of powers and functions in this instrument is subject to any limitations set out in the tables in Schedules 1, 2, 3 and 4.
This instrument of delegation remains in force until it is revoked and replaced by another instrument.
For the avoidance of doubt, if there is a change in the name of a role title, Branch, Division or Group, the relevant delegations will continue to apply and may be exercised by those officers who perform roles substantially similar to those performed by the delegates listed in this Instrument prior to the change of name taking place.
SAMUEL PORTER
Acting Chief Executive Officer
Effective from 1 January 2025
1 Agency Officers are staff employed under the Public Service Act 1999 or staff made available to the Agency from a Commonwealth, State or Territory authority under s 170 of the NDIS Act. Contractors and Partners cannot be delegated powers and functions under the NDIS Act.
2 Note: This instrument of delegation contains relevant powers and functions that commenced on 3 October 2024 and are operational on and from that date. The instrument does not reference powers and functions that commenced on 3 October 2024 that will have no effective operation as at that date. These powers and functions will become operative at a future time, for example, when a rule is made to commence the transition to new framework plans. A new instrument of delegation will be executed at the relevant time.
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FOI 24/25-1158 Disclosure Log
Contents
National Disability Insurance Scheme Act 2013 ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… 1
Instrument of Delegation 1 of 2025……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….. 1
Schedule 1 ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… 3
Section 10 (Substitutions) ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………. 3
Access ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… 4
Revocation of participant status …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… 6
Planning ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………. 7
Planning ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….. 10
Planning – Compensation …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………. 12
Planning – Compensation …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………. 14
Compensation …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………. 16
Plan Variation ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….. 19
Plan Reassessment ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….. 24
Children ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….. 26
Nominees ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….. 27
Review of Decisions …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………. 30
Information Handling ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… 31
Information Handling ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… 32
Information Handling ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… 33
Claims & Payments ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….. 35
Scheme Debt Recovery …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….. 36
Specialist Disability Accommodation Dwelling Enrolment ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………. 38
Schedule 2 - Delegations in accordance with level of function ………………………………………………………………………………………………………………………………………………………………………………………………………………………………… 39
Plan Approval Delegations ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… 39
Schedule 3 - Delegations in accordance with financial limits for section 47A variations ……………………………………………………………………………………………………………………………………………………………………………………………… 40
Plan Variation Delegations ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… 40
Schedule 4 - Delegations in accordance with financial limits …………………………………………………………………………………….================================================================================================================================================================ 41
Scheme debt …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… 41
Abbreviations and References: …………………………………………………………………………………….============================================================================================================================================================= 44
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FOI 24/25-1158 Disclosure Log
Schedule 1
Section 10 (Substitutions)
| Item | Description of Power/Function | Authority (section of NDIS Act) | SES BAND 3 Service Delivery SES BAND 2 Operations Performance & Capability SES BAND 1 Technical Advice and Practice Improvement |
EL 1 – 2 Technical Advice and Practice Improvement APS 6 Technical Advisor (Professional Stream) |
|---|---|---|---|---|
| 1 | Determine that a support is taken not to be declared under subsection 10(4) (as a support that is not a NDIS support) in relation to a participant | 10(6) | Yes | Yes |
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FOI 24/25-1158 Disclosure Log
Access
| Item | Description of Power/Function | Authority (section of NDIS Act) | SES BAND 3 Service Delivery SES BAND 2 State, Territories and Remote, Specialised Service Delivery, Operations Performance & Capability |
SES BAND 1 Scheme Eligibility EL 1 - 2 Scheme Eligibility APS 6 Access Assessor Quality Officer Access Officer APS 5 Quality Officer Access Assessor APS 4 Access Assessor |
APS3 – 4 Access Officer | SES BAND 1 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Compensation, Home and Living Planning and Operations EL 1 - 2 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Compensation, Home and Living Planning and Operations |
SES BAND 1 Review EL 1 - 2 Review - Access APS4 - 6 Review - Access |
SES BAND 1 Technical Advice and Practice Improvement EL 1 - 2 Technical Advice and Practice Improvement APS 6 Technical Advisory |
|---|---|---|---|---|---|---|---|---|
| 2 | Decide an access request for prospective participants on List A or List D of the Operational Guideline — Access (Access Delegate Level 2) | 20(1)(a) | Yes | Yes | Yes | No | No | No |
| 3 | Decide an access request for any prospective participant not in a defined program or on List A or List D of the Operational Guideline — Access (Access Delegate Level 3) | 20(1)(a) | Yes | Yes | Yes | No | No | No |
| 4 | Decide any access request and power to revoke a person’s status as a participant in the NDIS (Access Delegate Level 4) | 20(1)(a) & 30(1) | Yes | Yes | No | No | No | No |
| 6 | Request information and reports for the purposes of deciding whether to revoke a participant’s status as a participant in the NDIS | 30(3) | Yes | Yes | No | No | No | No |
| 7 | Give a participant a notice of impairments | 32BA(1) | Yes | Yes | No | No | No | No |
| 8 | Vary a notice of impairments | 32BA(5) | Yes | Yes | No | No | No | No |
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FOI 24/25-1158 Disclosure Log
Access (cont.)
| Item | Description of Power/Function | Authority (section of NDIS Act) | SES BAND 3 Service Delivery SES BAND 2 State, Territories and Remote, Specialised Service Delivery, Operations Performance & Capability |
SES BAND 1 Scheme Eligibility EL 1 - 2 Scheme Eligibility APS 6 Access Assessor Quality Officer Access Officer APS 5 Quality Officer Access Assessor APS 4 Access Assessor |
APS3 – 4 Access Officer | SES BAND 1 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Compensation, Home and Living Planning and Operations EL 1 - 2 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Compensation, Home and Living Planning and Operations |
SES BAND 1 Review EL 1 - 2 Review - Access APS4 - 6 Review - Access |
SES BAND 1 Technical Advice and Practice Improvement EL 1 - 2 Technical Advice and Practice Improvement APS 6 Technical Advisory |
|---|---|---|---|---|---|---|---|---|
| 9 | Request information reasonably necessary to decide whether or not the prospective participant meets the access criteria | 26(1)(a) | Yes | Yes | Yes | No | Yes | Yes |
| 10 | Request a prospective participant to undergo an assessment for the purposes of determining access request | 26(1)(b)(i) | Yes | Yes | No | No | Yes | Yes |
| 11 | Request a prospective participant to undergo an examination for the purposes of determining access request | 26(1)(b)(ii) | Yes | Yes | No | No | Yes | Yes |
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FOI 24/25-1158 Disclosure Log
Revocation of participant status
| Item | Description of Power/Function | Authority (section of NDIS Act) | SES BAND 3 Service Delivery SES BAND 2 State, Territories and Remote, Specialised Service Delivery, Operations Performance & Capability |
SES BAND 1 Scheme Eligibility EL 1 - 2 Scheme Eligibility APS 6 Access Assessor Quality Officer Access Officer APS 5 Quality Officer Access Assessor APS 4 Access Assessor |
SES BAND 1 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Compensation, Home and Living Planning and Operations EL 1 - 2 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Compensation, Home and Living Planning and Operations |
|---|---|---|---|---|---|
| 12 | Revoke a person’s status as a participant in the NDIS | 30(1) | Yes | Yes | Yes |
| 13 | Revoke a participant’s status as a participant in the scheme if the participant fails to provide the requested reports and information within the requested timeframe | 30(5) | Yes | Yes | No |
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FOI 24/25-1158 Disclosure Log
Planning
| Item | Description of Power/Function | Authority (section of NDIS Act) | SES BAND 3 Service Delivery SES BAND 2 State, Territories and Remote, Specialised Service Delivery, Operations Performance & Capability |
SES BAND 1 Aged Care & Hospital Interface | SES BAND 1 State, Territories and Remote, Complex Support Needs, National Early Childhood, Performance Workload Planning and Quality, Frontline Capability, Scheme Reforms and 3P Transition, Technical Advice and Practice Improvement, Compensation, Home and Living Planning and Operations | EL2 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Compensation, Home and Living Planning and Operations, Technical Advice and Practice Improvement | EL2 Delivery Support (HDD) EL1 Delivery Support (HDD) APS 6 Delivery Support (HDD & Service Delivery) |
EL 1 Technical Advice and Practice Improvement APS 6 Technical Advisor (Professional Stream) |
EL1 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Compensation, Home and Living Planning and Operations APS 6 Planner Compensation PSO Operations & Housing Support |
APS4 - 5 Planner Compensation PSO Operations & Housing Support | APS 3 Compensation PSO |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 14 | Facilitate the preparation of an initial plan for a participant | 32(1) | Yes | Yes | Yes | Yes | Yes | No | Yes | Yes | Yes |
| 15 | Facilitate the preparation of a subsequent plan for a participant | 32(3) | Yes | Yes | Yes | Yes | Yes | No | Yes | Yes | Yes |
| 16 | Approve a participant’s plan in accordance with Planner Delegate Level 1 in Schedule 2 | 33(2) | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
| 17 | Approve a participant’s plan in accordance with Planner Delegate Level 2 in Schedule 2 | 33(2) | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| 18 | Approve a participant’s plan in accordance with Planner Delegate Level 3 in Schedule 2 | 33(2) | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No | No |
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FOI 24/25-1158 Disclosure Log
Planning (cont.)
| Item | Description of Power/Function | Authority (section of NDIS Act) | SES BAND 3 Service Delivery SES BAND 2 State, Territories and Remote, Specialised Service Delivery, Operations Performance & Capability |
SES BAND 1 Aged Care & Hospital Interface | SES BAND 1 State, Territories and Remote, Complex Support Needs, National Early Childhood, Performance Workload Planning and Quality, Frontline Capability, Scheme Reforms and 3P Transition, Technical Advice and Practice Improvement, Compensation, Home and Living Planning and Operations | EL2 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Compensation, Home and Living Planning and Operations, Technical Advice and Practice Improvement | EL2 Delivery Support (HDD) EL1 Delivery Support (HDD) APS 6 Delivery Support (HDD & Service Delivery) |
EL 1 Technical Advice and Practice Improvement APS 6 Technical Advisor (Professional Stream) |
EL1 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Compensation, Home and Living Planning and Operations APS 6 Planner Compensation PSO Operations & Housing Support |
APS4 - 5 Planner Compensation PSO Operations & Housing Support | APS 3 Compensation PSO |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 19 | Approve a participant’s plan in accordance with Planner Delegate Level 4 in Schedule 2 | 33(2) | Yes | Yes | Yes | Yes | Yes | No | No | No | |
| 20 | Approve a participant’s plan — no limit (also referred to as Planner Delegate Level 5) | 33(2) | Yes | No | No | No | No | No | No | No | |
| 21 | Request information reasonably necessary for the purposes of preparing and approving the statement of participant supports | 36(2)(a) | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | |
| 22 | Request a participant to undergo an assessment for the purpose of preparing and approving a statement of participant supports | 36(2)(b)(i) | Yes | Yes | Yes | Yes | No | Yes | Yes | Yes | |
| 23 | Request a participant to undergo an examination for the purpose of preparing and approving a statement of participant supports | 36(2)(b)(ii) | Yes | Yes | Yes | Yes | No | Yes | Yes | Yes |
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FOI 24/25-1158 Disclosure Log
Planning (cont.)
| Item | Description of Power/Function | Authority (section of NDIS Act) | SES BAND 3 Service Delivery SES BAND 2 State, Territories and Remote, Specialised Service Delivery, Operations Performance & Capability |
SES BAND 1 Aged Care & Hospital Interface | SES BAND 1 State, Territories and Remote, Complex Support Needs, National Early Childhood, Performance Workload Planning and Quality, Frontline Capability, Scheme Reforms and 3P Transition, Technical Advice and Practice Improvement, Compensation, Home and Living Planning and Operations | EL2 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Compensation, Home and Living Planning and Operations, Technical Advice and Practice Improvement | EL2 Delivery Support (HDD) EL1 Delivery Support (HDD) APS 6 Delivery Support (HDD & Service Delivery) |
EL 1 Technical Advice and Practice Improvement APS 6 Technical Advisor (Professional Stream) |
EL1 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Compensation, Home and Living Planning and Operations APS 6 Planner Compensation PSO Operations & Housing Support |
APS4 - 5 Planner Compensation PSO Operations & Housing Support | APS 3 Compensation PSO |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 24 | Make a further request under s36(2) if satisfied it was reasonable for the participant or other person not to have complied with the request within the specified period | 36(3)(b)(ii) | Yes | Yes | Yes | Yes | No | Yes | Yes | Yes | |
| 25 | Extend the grace period longer than six weeks for temporary absence of a participant | 40(2)(b) | Yes | Yes | Yes | No | No | Yes | Yes | No |
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FOI 24/25-1158 Disclosure Log
Planning (cont.)
| Item | Description of Power/Function | Authority (section of NDIS Act) | SES BAND 3 Service Delivery, Governance Risk and Legal SES BAND 2 Operations Performance & Capability, Chief Counsel |
SES BAND 3 Integrity Transformation and Fraud Fusion Taskforce SES BAND 2 Integrity & Transformation SES BAND 1 NCC EL 1 - 2 NCC Operations APS 6 NCC Service Officer |
APS 4 - 5 NCC Service Officer | APS 3 NCC Service Officer | SES BAND 1 Review EL 1 - 2 Review - planning APS 4 - 6 Review - planning |
EL 1 - 2 Scheme Integrity Response Team | SES BAND 1 ART Case Management, Legal Practice & Capability EL 1 - 2 ART Case Management, Legal Practice & Capability |
APS 6 Case Management | APS 4 - 5 Case Management |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 26 | Facilitate the preparation of a participant’s plan | 32(1) | Yes | Yes | Yes | Yes | No | Yes | Yes | Yes | Yes |
| 27 | Approve a participant’s plan in accordance with Planner Delegate Level 1 in Schedule 2 | 33(2) | Yes | Yes | Yes | Yes | No | Yes | Yes | Yes | Yes |
| 28 | Approve a participant’s plan in accordance with Planner Delegate Level 2 in Schedule 2 | 33(2) | Yes | Yes | No | No | No | Yes | Yes | Yes | Yes |
| 29 | Approve a participant’s plan in accordance with Planner Delegate Level 3 in Schedule 2 | 33(2) | Yes | Yes | No | No | No | Yes | Yes | Yes | No |
| 30 | Approve a participant’s plan in accordance with Planner Delegate Level 4 in Schedule 2 | 33(2) | Yes | No | No | No | No | Yes | Yes | No | No |
| 31 | Approve a participant’s plan — no limit (also referred to as Planner Delegate Level 5) | 33(2) | Yes | No | No | No | No | No | No | No | No |
| 32 | Request information reasonably necessary for the purposes of preparing and approving the statement of participant supports | 36(2)(a) | Yes | No | No | No | Yes | No | No | No | No |
| 33 | Request a participant to undergo an assessment for the purpose of preparing and approving a statement of participant supports | 36(2)(b)(i) | Yes | No | No | No | Yes | No | No | No | No |
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FOI 24/25-1158 Disclosure Log
Planning (cont.)
| Item | Description of Power/Function | Authority (section of NDIS Act) | SES BAND 3 Service Delivery, Governance Risk and Legal SES BAND 2 Operations Performance & Capability, Chief Counsel |
SES BAND 3 Integrity Transformation and Fraud Fusion Taskforce SES BAND 2 Integrity & Transformation |
SES BAND 1 NCC EL 1 - 2 NCC Operations APS 6 NCC Service Officer |
APS 4 - 5 NCC Service Officer | APS 3 NCC Service Officer | SES BAND 1 Review EL 1 - 2 Review - planning APS 4 - 6 Review - planning |
EL 1 - 2 Scheme Integrity Response Team | SES BAND 1 ART Case Management, Legal Practice & Capability EL 1 - 2 ART Case Management, Legal Practice & Capability |
APS 6 Case Management | APS 4 - 5 Case Management |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 35 | Request a participant to undergo an examination for the purpose of preparing and approving a statement of participant supports | 36(2)(b)(ii) | Yes | No | No | No | No | Yes | No | No | No | No |
| 36 | Extend the grace period longer than six weeks for temporary absence of a participant | 40(2)(b) | Yes | No | No | No | No | No | No | No | No | No |
| 37 | Provide or fund other supports during a period of suspension of a participant’s plan if it is appropriate | 41(2)(b) | Yes | No | No | No | No | No | No | No | No | No |
| 37 | Decide that a NDIS amount can be paid to a participant, notwithstanding subsection 45(4) | 45(5) | No | No | No | No | No | Yes | No | No | No | No |
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FOI 24/25-1158 Disclosure Log
Planning — Compensation
For plan approvals where compensation may apply only. Refer to Planning for power to approve a participant’s plan when the NDIS (Supports for Participants — Accounting for Compensation) Rules 2013 do not apply. Rules means the NDIS (Supports for Participants — Accounting for Compensation) Rules 2013.
| Item | Description of Power/Function | Authority (section of NDIS Act/Rules) | SES BAND 3 Service Delivery SES BAND 2 Operations Performance & Capability |
SES BAND 1 Compensation | EL2 Compensation | EL1 Compensation | APS 6 Compensation | APS 5 Compensation | APS 4 Compensation |
|---|---|---|---|---|---|---|---|---|---|
| 38 | Determine that an agreement to give up a right to compensation was not reasonable, in the circumstances. | 3.1(d) | Yes | Yes | Yes | Yes | No | No | No |
| 39 | Approve a participant’s plan, which adopts the annualised Plan Value (per Schedule 2) for Planner Delegate Level 1 and takes into account compensation, including the power to: (a) identify the Compensation Reduction Amount (CRA) in accordance with para 3.11 to 3.21 of the Compensation Rules, (b) reduce the funding for reasonable and necessary supports that would otherwise be approved by the appropriate CRA; and (c) ignore the whole or part of a CRA if appropriate to do so in the special circumstances of the case. |
3.4, 3.5, 3.11-3.21 and 3.10, Compensation Rules | Yes | Yes | Yes | Yes | Yes | Yes | No |
| 40 | Approve a participant’s plan, which adopts the annualised Plan Value (per Schedule 2) for Planner Delegate Level 2 and takes into account compensation, including the power to: (a) identify the CRA in accordance with para 3.11 to 3.21 of the Compensation Rules, and (b) reduce the funding for reasonable and necessary supports that would otherwise be approved by the appropriate CRA; and (c) ignore the whole or part of a CRA if appropriate to do so in the special circumstances of the case. |
3.4, 3.5, 3.11-3.21 and 3.10, Compensation Rules | Yes | Yes | Yes | Yes | Yes | Yes | No |
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FOI 24/25-1158 Disclosure Log
Planning — Compensation (cont.)
| Item | Description of Power/Function | Authority (section of NDIS Act/Rules) | SES BAND 3 Service Delivery SES BAND 2 Operations Performance & Capability |
SES BAND 1 Compensation | EL2 Compensation | EL1 Compensation | APS 6 Compensation | APS 5 Compensation | APS 4 Compensation |
|---|---|---|---|---|---|---|---|---|---|
| 41 | Approve a participant’s plan, which adopts the annualised Plan Value (per Schedule 2) for Planner Delegate Level 3 and takes into account compensation, including to: (a) identify the CRA in accordance with para 3.11 to 3.21 of the Compensation Rules, and (b) reduce the funding for reasonable and necessary supports that would otherwise be approved by the appropriate CRA; and (c) ignore the whole or part of a CRA if appropriate to do so in the special circumstances of the case. |
3.4, 3.5, 3.11-3.21 and 3.10, Compensation Rules | Yes | Yes | Yes | Yes | Yes | No | No |
| 42 | Approve a participant’s plan, which adopts the annualised Plan Value (per Schedule 2) for Planner Delegate Level 4, and takes into account compensation, including to: (a) identify the CRA in accordance with para 3.11 to 3.21 of the Compensation Rules, and (b) reduce the funding for reasonable and necessary supports that would otherwise be approved by the appropriate CRA; and (c) ignore the whole or part of a CRA if appropriate to do so in the special circumstances of the case. |
3.4, 3.5, 3.11-3.21 and 3.10, Compensation Rules | Yes | Yes | Yes | No | No | No | No |
| 43 | Approve a participant’s plan — with no limit, and takes into account compensation, including to: (d) identify the CRA in accordance with para 3.11 to 3.21 of the Compensation Rules, (e) reduce the funding for reasonable and necessary supports that would otherwise be approved by the appropriate CRA; and (f) ignore the whole or part of a CRA if appropriate to do so in the special circumstances of the case. |
3.4, 3.5, 3.11-3.21 and 3.10, Compensation Rules | Yes | No | No | No | No | No | No |
| 44 | Request information reasonably necessary for the purposes of preparing and approving the statement of participant supports | 36(2)(a) | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
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FOI 24/25-1158 Disclosure Log
Planning — Compensation (cont.)
For plan approvals where compensation may apply only. Refer to Planning for power to approve a participant’s plan when the NDIS (Supports for Participants — Accounting for Compensation) Rules 2013 do not apply. Rules means the NDIS (Supports for Participants — Accounting for Compensation) Rules 2013.
| Item | Description of Power/Function | Authority (section of NDIS Act/Rules) | SES BAND 3 Governance, Risk & Legal SES BAND 2 Specialised Service Delivery, Chief Counsel |
SES BAND 1 Complex Support Needs, Aged Care & Hospital Interface, National Early Childhood, Home & Living Planning & Operations, ART Case Management | EL 2 Complex Support Needs, Aged Care & Hospital Interface, National Early Childhood, Home & Living Planning & Operations, ART Case Management, Delivery Support (HDD) | EL 1 ART Case Management, Delivery Support (HDD) APS 6 Delivery Support (HDD) |
EL 1 Complex Support Needs, Aged Care & Hospital Interface, National Early Childhood, Home & Living Planning & Operations | APS 6 Planner (Home & Living Planning & Operations), Case Management | APS 5 - 6 Planner (Specialised Service Delivery) |
|---|---|---|---|---|---|---|---|---|---|
| 45 | Approve a participant’s plan, which adopts the annualised Plan Value (per Schedule 2) for Planner Delegate Level 1 and takes into account compensation, including the power to: (d) reduce the funding for reasonable and necessary supports that would otherwise be approved by the appropriate CRA. |
3.4, 3.5 | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
| 46 | Approve a participant’s plan, which adopts the annualised Plan Value (per Schedule 2) for Planner Delegate Level 2 and takes into account compensation, including the power to: (d) reduce the funding for reasonable and necessary supports that would otherwise be approved by the appropriate CRA. |
3.4, 3.5 | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
| 47 | Approve a participant’s plan, which adopts the annualised Plan Value (per Schedule 2) for Planner Delegate Level 3 and takes into account compensation, including to: (d) reduce the funding for reasonable and necessary supports that would otherwise be approved by the appropriate CRA. |
3.4, 3.5 | Yes | Yes | Yes | Yes | Yes | Yes | No |
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FOI 24/25-1158 Disclosure Log
Planning — Compensation (cont.)
| Item | Description of Power/Function | Authority (section of NDIS Act/Rules) | SES BAND 3 Governance, Risk & Legal SES BAND 2 Specialised Service Delivery, Chief Counsel |
SES BAND 1 Complex Support Needs, Aged Care & Hospital Interface, National Early Childhood, Home & Living Planning & Operations, ART Case Management | EL 2 Complex Support Needs, Aged Care & Hospital Interface, National Early Childhood, Home & Living Planning & Operations, ART Case Management, Delivery Support (HDD) | EL 1 ART Case Management, Delivery Support (HDD) APS 6 Delivery Support (HDD) |
EL 1 Complex Support Needs, Aged Care & Hospital Interface, National Early Childhood, Home & Living Planning & Operations | APS 6 Planner (Home & Living Planning & Operations), Case Management | APS 5 - 6 Planner (Specialised Service Delivery) |
|---|---|---|---|---|---|---|---|---|---|
| 48 | Approve a participant’s plan, which adopts the annualised Plan Value (per Schedule 2) for Planner Delegate Level 4, and takes into account compensation, including to: (g) reduce the funding for reasonable and necessary supports that would otherwise be approved by the appropriate CRA. |
3.4, 3.5 | Yes | Yes | Yes | Yes | No | No | No |
| 49 | Approve a participant’s plan — with no limit, and takes into account compensation, including to: (h) reduce the funding for reasonable and necessary supports that would otherwise be approved by the appropriate CRA. |
3.4, 3.5 | Yes | No | No | No | No | No | No |
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FOI 24/25-1158 Disclosure Log
Compensation
| Item | Description of Power/Function | Authority (section of NDIS Act/Rules) | SES BAND 3 Service Delivery, Governance Risk & Legal SES BAND 2 Operations Performance & Capability SES BAND 1 Compensation |
EL2 Compensation | EL1 Compensation | APS 6 Compensation | APS 5 Compensation | Deputy Chief Counsel ART Dispute Resolution and Litigation |
|---|---|---|---|---|---|---|---|---|
| 50 | Advise a person in relation to the likely compensation reduction amount (CRA), or elements of the likely (CRA) that would apply in relation to a settlement or agreement | Rule 3.8 | Yes | Yes | Yes | Yes | Yes | No |
| 51 | Issue a written notice requiring the participant or prospective participant to take action specified in the notice | 104(2) | Yes | Yes | Yes | No | No | No |
| 52 | Form the opinion that the participant or prospective participant may be entitled to compensation on the basis that an agreement to give up compensation is void, ineffective or unenforceable, and issue a notice requiring the participant or prospective participant to take action specified in the notice | 104(2) and 104(6) | Yes | Yes | Yes | No | No | No |
| 53 | Extend the specified period to take action to claim or obtain compensation (in response to an application by the participant or prospective participant) | 104(5A) | Yes | Yes | Yes | Yes | No | No |
| 54 | Take action to claim or obtain compensation in the name of the participant or prospective participant, where there has been a failure to comply with a requirement to take action to obtain compensation | 105(4)(a) | Yes | No | No | No | No | No |
| 55 | Take over the conduct of an existing claim, where there has been a failure to comply with a requirement to take action to obtain compensation | 105(4)(b) | Yes | No | No | No | No | No |
| 56 | Give notice that the CEO (Chief Executive Officer) is considering taking action to claim or obtain compensation in the name of the participant or prospective participant, or take over the conduct of any existing claim | 105(6)(a) | Yes | Yes | Yes | No | No | No |
| 57 | Take whatever steps are appropriate to bring the claim to a conclusion | 105A(2)(a) | Yes | No | No | No | No | No |
| 58 | Settle the proceedings either with or without obtaining judgement, if the claim is before a court | 105A(2)(b) | Yes | No | No | No | No | No |
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FOI 24/25-1158 Disclosure Log
Compensation (cont.)
| Item | Description of Power/Function | Authority (section of NDIS Act/Rules) | SES BAND 3 Service Delivery, Governance Risk & Legal SES BAND 2 Operations Performance & Capability SES BAND 1 Compensation |
EL2 Compensation | EL1 Compensation | APS 6 Compensation | APS 5 Compensation | Deputy Chief Counsel ART Dispute Resolution and Litigation |
|---|---|---|---|---|---|---|---|---|
| 59 | Take such steps as are necessary to enforce the judgment, if the claim is before a court and judgement has been obtained in favour of the plaintiff | 105A(2)(c) | Yes | No | No | No | No | No |
| 60 | Require the participant or prospective participant to sign any document relevant to a claim made or taken over by the CEO | 105A(3) | Yes | Yes | No | No | No | Yes |
| 61 | Apply to the Federal Court of Australia for a direction that a document relevant to a claim made or taken over by the CEO be signed on behalf of the participant or prospective participant by a person appointed by the CEO | 105A(4)(a) | Yes | Yes | No | No | No | Yes |
| 62 | Apply to the Court or Tribunal in which proceedings relating to a claim made or taken over by the CEO are being heard for a direction that a document relevant to the claim be signed on behalf of the participant or prospective participant | 105A(4)(b) | Yes | Yes | No | No | No | Yes |
| 63 | Appoint a person to sign a document, on behalf of the participant or prospective participant, which is relevant to a claim made or taken over by the CEO | 105A(4)(a) | Yes | Yes | No | No | No | Yes |
| 64 | Give written notice that the CEO proposes to make an application to a Court or Tribunal seeking a direction that a document relevant to the claim, made or taken over by the CEO, be signed on behalf of the participant or prospective participant | 105A(5) | Yes | Yes | Yes | No | No | No |
| 65 | Give written notice to the potential compensation payer that the CEO may wish to recover an amount from the compensation payer (preliminary notice) | 109(1) | Yes | Yes | Yes | Yes | Yes | No |
| 66 | Give written notice to the insurer that the CEO may wish to recover an amount from the insurer (preliminary notice) | 109(2) | Yes | Yes | Yes | Yes | Yes | No |
| 67 | Give written notice to the compensation payer that the CEO proposes to recover from the compensation payer the amount specified in the notice (recovery notice) | 111(1) | Yes | Yes | Yes | Yes | Yes | No |
Page | 17
FOI 24/25-1158 Disclosure Log
Compensation (cont.)
| Item | Description of Power/Function | Authority (section of NDIS Act/Rules) | SES BAND 3 Service Delivery, Governance Risk & Legal SES BAND 2 Operations Performance & Capability SES BAND 1 Compensation |
EL2 Compensation | EL1 Compensation | APS 6 Compensation | APS 5 Compensation | Deputy Chief Counsel ART Dispute Resolution and Litigation |
|---|---|---|---|---|---|---|---|---|
| 68 | Give written notice to the insurer that the CEO proposes to recover from the insurer the amount specified in the notice (recovery notice) | 111(2) | Yes | Yes | Yes | Yes | Yes | No |
| 69 | Revoke the preliminary notice and give the compensation payer notice that the preliminary notice has been revoked | 114(2)(a) | Yes | Yes | Yes | Yes | Yes | No |
| 70 | Give the potential compensation payer written permission to pay the participant or prospective participant a compensation payment | 114(2)(c) | Yes | Yes | Yes | Yes | Yes | No |
| 71 | Revoke the preliminary notice and give the insurer notice that the preliminary notice has been revoked | 114(4)(a) | Yes | Yes | Yes | Yes | Yes | No |
| 72 | Give the insurer written permission to pay the participant or prospective participant a compensation payment | 114(4)(c) | Yes | Yes | Yes | Yes | Yes | No |
| 73 | Determine an amount that a potential compensation payer or insurer is to pay the Agency where a compensation payer or insurer makes a payment after receiving a preliminary notice or recovery notice in contravention of s 114 | 115(1) | Yes | Yes | Yes | Yes | Yes | No |
| 74 | Treat the whole or part of a compensation payment as not having been fixed by a judgment or settlement (i.e. disregard certain payments), if appropriate to do so in the special circumstances of the case | 116 | Yes | Yes | Yes | Yes | Yes | No |
Page | 18
FOI 24/25-1158 Disclosure Log
Plan Variation
| Item | Description of Power/Function | Authority (section of NDIS Act) | SES BAND 3 Service Delivery, Governance Risk and Legal SES BAND 2 State, Territories and Remote, Specialised Service Delivery, Operations Performance & Capability, Chief Counsel SES BAND 1 Aged Care and Hospital Interface Technical Advice and Practice Improvement |
SES BAND 1 State, Territories and Remote, Complex Support Needs, National Early Childhood, Compensation Home and Living Planning and Operations, ART Case Management, Legal Practice & Capability EL2 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Technical Advice and Practice Improvement, Compensation, Home and Living Planning and Operations EL1 Technical Advice and Practice Improvement, Delivery Support (HDD) APS6 Delivery Support (HDD & Service Delivery), Technical Advisory |
EL 1 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Compensation, Home and Living Planning and Operations APS6 Planner PSO Compensation Operations & Housing Support |
APS4 - 5 Planner PSO Compensation Operations & Housing Support | APS3 PSO Compensation |
|---|---|---|---|---|---|---|---|
| 75 | Vary a participant’s plan | 47A(1),(2) | Yes | Yes | Yes | Yes | Yes |
| 76 | Vary a plan in accordance with Planner Delegate Level 1 in Schedule 3 | 47A | Yes | Yes | Yes | Yes | Yes |
| 77 | Vary a plan in accordance with Planner Delegate Level 2 in Schedule 3 | 47A | Yes | Yes | Yes | Yes | No |
| 78 | Vary a plan in accordance with Planner Delegate Level 3 in Schedule 3 | 47A | Yes | Yes | Yes | No | No |
| 79 | Vary a plan in accordance with Planner Delegate Level 4 in Schedule 3 | 47A | Yes | Yes | No | No | No |
Page | 19
FOI 24/25-1158 Disclosure Log
Plan Variation (cont.)
| Item | Description of Power/Function | Authority (section of NDIS Act) | SES BAND 3 Service Delivery, Governance Risk and Legal SES BAND 2 State, Territories and Remote, Specialised Service Delivery, Operations Performance & Capability, Chief Counsel SES BAND 1 Aged Care and Hospital Interface Technical Advice and Practice Improvement |
SES BAND 1 State, Territories and Remote, Complex Support Needs, National Early Childhood, Compensation Home and Living Planning and Operations, ART Case Management, Legal Practice & Capability EL2 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Technical Advice and Practice Improvement, Compensation, Home and Living Planning and Operations EL1 Technical Advice and Practice Improvement, Delivery Support (HDD) APS6 Delivery Support (HDD & Service Delivery), Technical Advisory |
EL 1 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Compensation, Home and Living Planning and Operations APS6 Planner PSO Compensation Operations & Housing Support |
APS4 - 5 Planner PSO Compensation Operations & Housing Support | APS3 PSO Compensation |
|---|---|---|---|---|---|---|---|
| 80 | Vary a plan in accordance with Planner Delegate Level 5 in Schedule 3 | 47A | Yes | No | No | No | No |
| 81 | Decide not to vary a participant’s plan | 47A(4)(b) | Yes | Yes | Yes | Yes | Yes |
| 82 | Inform the participant that further time is needed to decide whether or not to vary the participant’s plan | 47A(4)(d) | Yes | Yes | Yes | Yes | Yes |
| 83 | Decide, after further time, to not vary the participant’s plan | 47A(8) | Yes | Yes | Yes | Yes | Yes |
| 84 | Request information reasonably necessary for the purposes of varying the participant’s plan | 50(2)(a) | Yes | Yes | Yes | Yes | Yes |
| 85 | Request a participant to undergo an assessment for the purposes of varying a participant’s plan | 50(2)(b)(i) | Yes | Yes | Yes | Yes | Yes |
Page | 20
FOI 24/25-1158 Disclosure Log
Plan Variation (cont.)
| Item | Description of Power/Function | Authority (section of NDIS Act) | SES BAND 3 Service Delivery, Governance Risk and Legal SES BAND 2 State, Territories and Remote, Specialised Service Delivery, Operations Performance & Capability, Chief Counsel SES BAND 1 Aged Care and Hospital Interface Technical Advice and Practice Improvement |
SES BAND 1 State, Territories and Remote, Complex Support Needs, National Early Childhood, Compensation Home and Living Planning and Operations, ART Case Management, Legal Practice & Capability EL2 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Technical Advice and Practice Improvement, Compensation, Home and Living Planning and Operations EL1 Technical Advice and Practice Improvement, Delivery Support (HDD) APS6 Delivery Support (HDD & Service Delivery), Technical Advisory |
EL 1 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Compensation, Home and Living Planning and Operations APS6 Planner PSO Compensation Operations & Housing Support |
APS4 - 5 Planner PSO Compensation Operations & Housing Support | APS3 PSO Compensation |
|---|---|---|---|---|---|---|---|
| 86 | Request a participant to undergo an examination for the purposes of varying a participant’s plan | 50(2)(b)(ii) | Yes | Yes | Yes | Yes | Yes |
Page | 21
FOI 24/25-1158 Disclosure Log
Plan Variation (cont.)
| Item | Description of Power/Function | Authority (section of NDIS Act) | SES Band 3 Integrity Transformation and Fraud Fusion Taskforce SES Band 2 Integrity & Transformation SES BAND 1 NCC EL 1 - 2 NCC Operations APS 6 NCC Service Officer |
APS 4 - 5 NCC Service Officer | SES BAND 1 Complaints Management and FOI EL 1 - 2 Complaints Management APS 5 - 6 Complaints APS 3 NCC Service Officer |
SES BAND 1 ART Case Management, Legal Practice & Capability EL 1 - 2 ART Case Management, Legal Practice & Capability |
APS 6 Case Management | APS 5 Case Management |
|---|---|---|---|---|---|---|---|---|
| 87 | Vary a participant’s plan | 47A(1),(2) | Yes | Yes | Yes | Yes | Yes | Yes |
| 88 | Vary a plan in accordance with Planner Delegate Level 1 in Schedule 3 | 47A | Yes | Yes | Yes | Yes | Yes | Yes |
| 89 | Vary a plan in accordance with Planner Delegate Level 2 in Schedule 3 | 47A | Yes | Yes | No | Yes | Yes | Yes |
| 90 | Vary a plan in accordance with Planner Delegate Level 3 in Schedule 3 | 47A | Yes | No | No | Yes | Yes | No |
| 91 | Vary a plan in accordance with Planner Delegate Level 4 in Schedule 3 | 47A | No | No | No | Yes | No | No |
| 92 | Vary a plan in accordance with Planner Delegate Level 5 in Schedule 3 | 47A | No | No | No | No | No | No |
| 93 | Decide not to vary a participant’s plan | 47A(4)(b) | Yes | Yes | Yes | Yes | Yes | Yes |
| 94 | Inform the participant that further time is needed to decide whether or not to vary the participant’s plan | 47A(4)(d) | No | No | No | Yes | Yes | Yes |
| 95 | After further time, decide not to vary the participant’s plan | 47A(8) | No | No | No | Yes | Yes | Yes |
| 96 | Request information reasonably necessary for the purposes of varying the participant’s plan | 50(2)(a) | Yes | Yes | Yes | No | No | No |
Page | 22
FOI 24/25-1158 Disclosure Log
Plan Variation (cont.)
| Item | Description of Power/Function | Authority (section of NDIS Act) | SES Band 3 Integrity Transformation and Fraud Fusion Taskforce SES Band 2 Integrity & Transformation SES BAND 1 NCC EL 1 - 2 NCC Operations APS 6 NCC Service Officer |
APS 4 - 5 NCC Service Officer | SES BAND 1 Complaints Management and FOI EL 1 - 2 Complaints Management APS 5 - 6 Complaints APS 3 NCC Service Officer |
SES BAND 1 ART Case Management, Legal Practice & Capability EL 1 - 2 ART Case Management, Legal Practice & Capability |
APS 6 Case Management | APS 5 Case Management |
|---|---|---|---|---|---|---|---|---|
| 97 | Request a participant to undergo an assessment for the purposes of varying a participant’s plan | 50(2)(b)(i) | No | No | No | No | No | No |
| 98 | Request a participant to undergo an examination for the purposes of varying a participant’s plan | 50(2)(b)(ii) | No | No | No | No | No | No |
Page | 23
FOI 24/25-1158 Disclosure Log
Plan Reassessment
| Item | Description of Power/Function | Authority (section of NDIS Act) | SES BAND 3 Service Delivery, Governance Risk and Legal, Integrity Transformation and Fraud Fusion Taskforce SES BAND 2 State, Territories and Remote, Specialised Service Delivery, Operations Performance & Capability, Chief Counsel, Integrity Transformation |
SES BAND 1 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Technical Advice and Practice Improvement Compensation, Home and Living Planning and Operations EL1 - 2 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Technical Advice and Practice Improvement Compensation, Home and Living Planning and Operations, Delivery Support (HDD) APS6 Planner Delivery Support (HDD) APS3 - 6 Planner PSO Compensation Operations & Housing Support |
APS 6 Technical Advisor (Professional Stream) | SES BAND 1 Reviews EL 2 Review - Planning |
EL 1 Review - Planning APS4 - 6 Review - Planning |
SES BAND 1 NCC EL 1 - 2 NCC Operations APS 3 - 6 NCC Service Officer |
SES BAND 1 ART Case Management, Legal Practice & Capability EL1 - 2 ART Case Management, Legal Practice & Capability APS5 – 6 Case Management |
|---|---|---|---|---|---|---|---|---|---|
| 99 | Conduct a reassessment of a participant’s plan at any time | 48(1) | Yes | Yes | Yes | Yes | Yes | No | No |
| 100 | Decide that the plan needs to be varied | 48(3)(a) | Yes | Yes | Yes | Yes | No | No | Yes |
| 101 | Decide that the plan needs to be reassessed | 48(3)(b) | Yes | Yes | Yes | Yes | No | No | No |
| 102 | Decide not to conduct a plan reassessment | 48(3)(c) | Yes | Yes | Yes | Yes | No | No | No |
Page | 24
FOI 24/25-1158 Disclosure Log
Plan Reassessment (cont.)
| Item | Description of Power/Function | Authority (section of NDIS Act) | SES BAND 3 Service Delivery, Governance Risk and Legal, Integrity Transformation and Fraud Fusion Taskforce SES BAND 2 State, Territories and Remote, Specialised Service Delivery, Operations Performance & Capability, Chief Counsel, Integrity Transformation |
SES BAND 1 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Technical Advice and Practice Improvement Compensation, Home and Living Planning and Operations EL1 - 2 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Technical Advice and Practice Improvement Compensation, Home and Living Planning and Operations, Delivery Support (HDD) APS6 Planner Delivery Support (HDD) APS3 - 6 Planner PSO Compensation Operations & Housing Support |
APS 6 Technical Advisor (Professional Stream) | SES BAND 1 Reviews EL 2 Review - Planning |
EL 1 Review - Planning APS4 - 6 Review - Planning |
SES BAND 1 NCC EL 1 - 2 NCC Operations APS 3 - 6 NCC Service Officer |
SES BAND 1 ART Case Management, Legal Practice & Capability EL1 - 2 ART Case Management, Legal Practice & Capability APS5 – 6 Case Management |
|---|---|---|---|---|---|---|---|---|---|
| 103 | Reassess the plan before the reassessment date | 49(1) | Yes | Yes | No | No | No | No | No |
| 104 | Request information reasonably necessary for the purposes of reassessing the participant’s plan | 50(2)(a) | Yes | Yes | No | No | Yes | Yes | Yes |
| 105 | Request a participant to undergo an assessment for the purposes of reassessing a participant’s plan | 50(2)(b)(i) | Yes | Yes | No | No | Yes | Yes | No |
| 106 | Request a participant to undergo an examination for the purposes of reassessing a participant’s plan | 50(2)(b)(ii) | Yes | Yes | No | No | Yes | Yes | No |
Page | 25
FOI 24/25-1158 Disclosure Log
Children
| Item | Description of Power/Function | Authority (section of NDIS Act) | SES BAND 3 Service Delivery, Partners, Providers and Home and Living, Governance Risk and Legal, Integrity Transformation and Fraud Fusion Taskforce SES BAND 2 State, Territories and Remote, Specialised Service Delivery, Operations Performance & Capability, Home and Living, Chief Counsel, Partners and Intermediary Reform, Integrity & Transformation |
SES BAND 1 State, Territories and Remote, Scheme Eligibility, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Compensation, Home and Living Planning and Operations EL1 - 2 State, Territories and Remote, National Access, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Compensation, Home and Living Planning and Operations |
SES BAND 1 NCC EL 1 - 2 NCC Operations |
SES BAND 1 ART Case Management EL1 - 2 ART Case Management |
|---|---|---|---|---|---|---|
| 107 | Determine that a person, other than the person with parental responsibility, can do an act or thing required to be done by or in relation to a child under the NDIS Act | 74(1)(b) | Yes | Yes | Yes | Yes |
| 108 | Determine that a person mentioned in subsection 74(2)(a) is not to manage funding for supports under a participant’s plan to a particular extent if satisfied of any of the matters in subparagraphs 74(4)(b)(i)-(iii) | 74(4)(b) | Yes | Yes | Yes | Yes |
| 109 | Decide that the management of funding for supports under the plan by the provider nominated by the participant would present an unreasonable risk to the participant. | 74(4A) | Yes | Yes | Yes | Yes |
| 110 | Make a determination that a child can self-represent | 74(5) | Yes | Yes | Yes | Yes |
| 111 | Determine that one or more persons, who would have had parental responsibility for a child if there was no guardian, have parental responsibility for the child instead of the guardian | 75(2) | Yes | Yes | Yes | Yes |
| 112 | Determine that one or more persons have parental responsibility for a child | 75(3) | Yes | Yes | Yes | Yes |
| 113 | Revoke determinations made under section 74 regarding a child’s representative | 77(1) | Yes | Yes | Yes | Yes |
Page | 26
FOI 24/25-1158 Disclosure Log
Nominees
| Item | Description of Power/Function | Authority (section of NDIS Act) | SES BAND 3 Service Delivery, Partners, Providers and Home and Living, Governance Risk and Legal, Integrity Transformation and Fraud Fusion Taskforce SES BAND 2 State, Territories and Remote, Specialised Service Delivery, Operations Performance & Capability, Home and Living, Chief Counsel, General Counsel, Partners and Intermediary Reform, Integrity & Transformation |
SES BAND 1 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Compensation, Home and Living Planning and Operations EL1 - 2 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Compensation, Home and Living Planning and Operations, Technical Advice and Practice Improvement APS6 Delivery Support (HDD & Service Delivery) Quality Officer APS5 Quality Officer APS4 - 6 Planner Operations & Housing Support APS3 - 6 PSO Compensation |
SES BAND 1 Reviews EL1 - 2 Review - access Review - planning APS5 - 6 Review - access Review - planning |
SES BAND 1 NCC EL1 - 2 NCC Operations APS 3 - 6 NCC Service Officer |
SES BAND 1 ART Case Management, Legal Practice & Capability, Complaints Management and FOI EL1 - 2 ART Case Management, Legal Practice & Capability, Complaints Management APS5 – 6 Case Management Complaints |
All officers |
|---|---|---|---|---|---|---|---|---|
| 114 | Require a nominee to inform the Agency of an event or change or circumstances that is likely to have a certain effect | 83(1) | Yes | Yes | Yes | Yes | Yes | No |
| 115 | Require a plan nominee to give the Agency a statement relating to the disposal of an NDIS amount | 84(1) | Yes | Yes | Yes | Yes | Yes | No |
| 116 | Appoint a plan nominee at the request of the participant | 86(2)(a) | Yes | Yes | No | Yes | Yes | No |
| 117 | Appoint a plan nominee on the initiative of the CEO | 86(2)(b) | Yes | Yes | No | Yes | Yes | No |
| 118 | Appoint a correspondence nominee at the request of the participant | 87(2)(a) | Yes | Yes | No | Yes | Yes | No |
Page | 27
FOI 24/25-1158 Disclosure Log
Nominees (cont.)
| Item | Description of Power/Function | Authority (section of NDIS Act) | SES BAND 3 Service Delivery, Partners, Providers and Home and Living, Governance Risk and Legal, Integrity Transformation and Fraud Fusion Taskforce SES BAND 2 State, Territories and Remote, Specialised Service Delivery, Operations Performance & Capability, Home and Living, Chief Counsel, General Counsel, Partners and Intermediary Reform, Integrity & Transformation |
SES BAND 1 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Compensation, Home and Living Planning and Operations EL1 - 2 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Compensation, Home and Living Planning and Operations, Technical Advice and Practice Improvement APS6 Delivery Support (HDD & Service Delivery) Quality Officer APS5 Quality Officer APS4 - 6 Planner Operations & Housing Support APS3 - 6 PSO Compensation |
SES BAND 1 Reviews EL1 - 2 Review - access Review - planning APS5 - 6 Review - access Review - planning |
SES BAND 1 NCC EL1 - 2 NCC Operations APS 3 - 6 NCC Service Officer |
SES BAND 1 ART Case Management, Legal Practice & Capability, Complaints Management and FOI EL1 - 2 ART Case Management, Legal Practice & Capability, Complaints Management APS5 – 6 Case Management Complaints |
All officers |
|---|---|---|---|---|---|---|---|---|
| 119 | Appoint a correspondence nominee on the initiative of the CEO | 87(2)(b) | Yes | Yes | No | Yes | Yes | No |
| 120 | Cancel appointment of nominee | 89 | Yes | Yes | No | Yes | Yes | No |
| 121 | Cancel or suspend appointment of nominee | 90 | Yes | Yes | No | Yes | Yes | No |
| 122 | Suspend and cancel appointment of nominee in cases of physical, mental, or financial harm | 91 | Yes | Yes | No | Yes | Yes | No |
| 123 | Appoint another person to be the nominee for a specified period where the nominee is suspended | 92(3) | Yes | Yes | No | Yes | Yes | No |
| 124 | Inform correspondence nominee of the giving of a notice to a participant and the terms of the notice | 96(1) | Yes | Yes | No | Yes | Yes | No |
Page | 28
FOI 24/25-1158 Disclosure Log
Nominees (cont.)
| Item | Description of Power/Function | Authority (section of NDIS Act) | SES BAND 3 Service Delivery, Partners, Providers and Home and Living, Governance Risk and Legal, Integrity Transformation and Fraud Fusion Taskforce SES BAND 2 State, Territories and Remote, Specialised Service Delivery, Operations Performance & Capability, Home and Living, Chief Counsel, General Counsel, Partners and Intermediary Reform, Integrity & Transformation |
SES BAND 1 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Compensation, Home and Living Planning and Operations EL1 - 2 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Compensation, Home and Living Planning and Operations, Technical Advice and Practice Improvement APS6 Delivery Support (HDD & Service Delivery) Quality Officer APS5 Quality Officer APS4 - 6 Planner Operations & Housing Support APS3 - 6 PSO Compensation |
SES BAND 1 Reviews EL1 - 2 Review - access Review - planning APS5 - 6 Review - access Review - planning |
SES BAND 1 NCC EL1 - 2 NCC Operations APS 3 - 6 NCC Service Officer |
SES BAND 1 ART Case Management, Legal Practice & Capability, Complaints Management and FOI EL1 - 2 ART Case Management, Legal Practice & Capability, Complaints Management APS5 – 6 Case Management Complaints |
All officers |
|---|---|---|---|---|---|---|---|---|
| 125 | Disclose information to a participant’s nominee | 66(3) | Yes | Yes | Yes | Yes | Yes | Yes |
Page | 29
FOI 24/25-1158 Disclosure Log
Review of Decisions
| Item | Description of Power/Function | Authority (section of NDIS Act) | SES BAND 3 Service Delivery, Governance Risk and Legal, Chief Operating Officer/Enabling Services, Integrity Transformation and Fraud Fusion Taskforce SES BAND 2 State, Territories and Remote, Specialised Service Delivery, Operations Performance & Capability, Chief Counsel, Integrity & Transformation |
SES BAND 1 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Review, Compensation, Home and Living Planning and Operations, Technical Advice & Practice Improvement EL1 - 2 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Review — access, Review — planning, Compensation, Home and Living Planning and Operations, Delivery Support (HDD), Technical Advice & Practice Improvement APS 6 Planner Review - access Review - planning Compensation Operations & Housing Support Delivery Support (HDD) Technical Advisory APS 5 Planner Review - access Review - planning Compensation Operations & Housing Support Technical Advisory APS 4 Review - access Review - planning Technical Advisory |
SES BAND 1 ART Case Management, Legal Practice & Capability, Complaints Management and FOI EL1 - 2 ART Case Management, Legal Practice & Capability, Complaints Management APS5 – 6 Case Management Complaints |
SES BAND NCC EL1 - 2 NCC Operations APS 3 - 6 NCC Service Officer |
Chief Financial Officer |
|---|---|---|---|---|---|---|---|
| 126 | Review a reviewable decision | 100(5) | Yes | Yes | Yes | Yes | Yes |
Page | 30
FOI 24/25-1158 Disclosure Log
Information Handling
| Item | Description of Power/ Function | Authority (section of NDIS Act) | SES BAND 3 Service Delivery SES BAND 2 State, Territories & Remote, Specialised Service Delivery, Operations Performance & Capability |
SES BAND 1 Compensation EL1 - 2 Compensation APS 6 Compensation |
APS 5 Compensation | SES BAND 1 Scheme Eligibility EL2 Integrity Management |
EL1 Integrity Management APS 4 - 6 Integrity Management |
SES BAND 1 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood EL 2 State, Territories and Remote EL1 - 2 National Access Program Support |
|---|---|---|---|---|---|---|---|---|
| 127 | Obtain information from participants and prospective participants to ensure the integrity of the National Disability Insurance Scheme | 53(1) | Yes | Yes | Yes | Yes | Yes | Yes |
| 128 | Obtain information from other persons to ensure the integrity of the National Disability Insurance Scheme | 55(1) | Yes | No | No | No | Yes | Yes |
| 129 | Decide that the collection, recording, disclosure or use of information is reasonably necessary for research, actuarial analysis, or policy development | 60(3) | Yes | Yes | No | No | No | No |
| 130 | Disclose information where it is necessary in the public interest | 66(1)(a) | Yes | No | No | No | Yes | No |
| 131 | Disclose information to certain classes of people e.g., the Secretary of a Department of State of the Cth etc. | 66(1)(b) | Yes | No | No | No | No | No |
Page | 31
FOI 24/25-1158 Disclosure Log
Information Handling (cont.)
| Item | Description of Power/ Function | Authority (section of NDIS Act) | SES BAND 3 Integrity Transformation and Fraud Fusion Taskforce SES BAND 2 Fraud Fusion Taskforce & Integrity Capability SES BAND 1 Fraud Investigations, Provider Engagement, Intelligence and Analytics, Scalable Integrity Response EL2 Fraud Investigations Intelligence and Analytics Payments Integrity Scalable Integrity Response EL1 Scalable Integrity Response Payments Integrity |
EL1 Fraud Investigations and Intelligence and Analytics APS6 Senior Intelligence Analyst Senior Investigator Payments Integrity Scalable Integrity Response Scheme Integrity Response APS5 Intelligence Analyst Investigator Payments Integrity Scalable Integrity Response APS4 Payments Integrity Scalable Integrity Response |
|---|---|---|---|---|
| 132 | Obtain information from participants and prospective participants to ensure the integrity of the National Disability Insurance Scheme | 53(1) | Yes | Yes |
| 133 | Obtain information from other persons to ensure the integrity of the National Disability Insurance Scheme | 55(1) | Yes | Yes |
| 134 | Decide that the collection, recording, disclosure or use of information is reasonably necessary for research, actuarial analysis, or policy development | 60(3) | No | No |
| 135 | Disclose information where it is necessary in the public interest | 66(1)(a) | Yes | No |
| 136 | Disclose information to certain classes of people e.g., the Secretary of a Department of State of the Cth etc. | 66(1)(b) | Yes | No |
Page | 32
FOI 24/25-1158 Disclosure Log
Information Handling (cont.)
| Item | Description of Power/Function | Authority (section of NDIS Act) | SES BAND 3 First Nations, Governance Risk & Legal, Service Design and Improvement, Partners, Providers and Home & Living, Chief Operating Officer/Enabling Services SES BAND 2 Chief Counsel, General Counsel, Government, Chief Financial Officer, Policy, Evidence and Practice Leadership, Home and Living, Providers and Market Coordination, Analytics, Data & Actuarial |
SES BAND 2 Co-Design and Engagement | SES BAND 1 Co-Design Engagement & Inclusion First Nations EL1 – EL2 Co-Design Engagement & Inclusion First Nations APS6 Co-Design Engagement & Inclusion First Nations |
SES BAND 2 Home & Living | SES BAND 1 Policy Evidence and Practice Leadership | SES BAND 1 Provider Engagement, Market Stewardship, Market Innovation | SES BAND 1 Technical Advice and Practice Improvement EL2 Provider Exit Coordination |
SES BAND 1 Data & Analytics EL2 Data & Analytics |
Deputy Chief Counsel Deputy General Counsel Privacy Officer EL2 Special Counsel |
EL2 Principal Legal Officer Releases & Resolutions EL1 Senior Legal Officer Releases & Resolutions |
EL2 Government Relations | EL2 Quality & Safeguards Interface |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 137 | Obtain information from participants and prospective participants to ensure the integrity of the National Disability Insurance Scheme | 53(1) | Yes | No | No | No | No | No | No | Yes | Yes | No | No | Yes |
| 138 | Obtain information from other persons to ensure the integrity of the National Disability Insurance Scheme | 55(1) | Yes | No | No | Yes | No | No | No | No | Yes | No | No | No |
| 139 | Decide that the collection, recording, disclosure or use of information is reasonably necessary for research, actuarial analysis, or policy development | 60(3) | Yes | Yes | Yes | Yes | Yes | Yes | No | Yes | Yes | No | No | No |
Page | 33
FOI 24/25-1158 Disclosure Log
Information Handling (cont.)
| Item | Description of Power/Function | Authority (section of NDIS Act) | SES BAND 3 First Nations, Governance Risk & Legal, Service Design and Improvement, Partners, Providers and Home & Living, Chief Operating Officer/Enabling Services SES BAND 2 Chief Counsel, General Counsel, Government, Chief Financial Officer, Policy, Evidence and Practice Leadership, Home and Living, Providers and Market Coordination, Analytics, Data & Actuarial |
SES BAND 2 Co-Design and Engagement | SES BAND 1 Co-Design Engagement & Inclusion First Nations EL1 – EL2 Co-Design Engagement & Inclusion First Nations APS6 Co-Design Engagement & Inclusion First Nations |
SES BAND 2 Home & Living | SES BAND 1 Policy Evidence and Practice Leadership | SES BAND 1 Provider Engagement, Market Stewardship, Market Innovation | SES BAND 1 Technical Advice and Practice Improvement EL2 Provider Exit Coordination |
SES BAND 1 Data & Analytics EL2 Data & Analytics |
Deputy Chief Counsel Deputy General Counsel Privacy Officer EL2 Special Counsel |
EL2 Principal Legal Officer Releases & Resolutions EL1 Senior Legal Officer Releases & Resolutions |
EL2 Government Relations | EL2 Quality & Safeguards Interface |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 140 | Disclose information where it is necessary in the public interest | 66(1)(a) | Yes | Yes | No | Yes | No | Yes | Yes | No | Yes | Yes | Yes | Yes |
| 141 | Disclose information to certain classes of people e.g., the Secretary of a Department of State of the Cth etc. | 66(1)(b) | Yes | Yes | No | Yes | No | Yes | No | Yes | Yes | Yes | Yes | No |
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Claims & Payments
| Item | Description of Power/Function | Authority (section of NDIS Act) | SES BAND 3 Chief Operating Officer SES BAND 2 Chief Financial Officer SES BAND 1 Scheme Claims and Payments |
EL1 – 2 Scheme Claims and Payments | APS4 – 6 Payments, Finance, Performance, Corporate Operations | SES BAND 1 NCC EL1 – 2 NCC Operations |
APS4 – 6 NCC Service Officer |
|---|---|---|---|---|---|---|---|
| 142 | The powers and functions that are exercisable by the CEO under section 45 of the NDIS Act | 45 | Yes | Yes | Yes | No | No |
| 143 | Decide that a claim for payment has been made in accordance with subsections (2), (3) and (5) | 45A(1) | Yes | Yes | Yes | Yes | Yes |
| 144 | Treat a claim that does not meet the requirements in s 45A(3) as having been made if satisfied it is appropriate to do so | 45A(4) | Yes | Yes | Yes | Yes | Yes |
| 145 | Treat a claim as having been made in accordance with s 45A(5) if satisfied exceptional circumstances justify the claim being made after the end of the applicable period and the claim was made within a reasonable period, having regard to those circumstances | 45A(6) | Yes | Yes | No | Yes | No |
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In this instrument, power to write off debt is in relation to NDIS amounts only or an amount due and payable to the NDIS Scheme funds. Refer to the financial delegations policy for write off Agency debts.
Scheme Debt Recovery
| Item | Description of Power/Function | Authority (section of NDIS Act) | SES BAND 3 Service Delivery, Chief Operations Officer/Enabling Services, Governance Risk and Legal, Integrity Transformation and Fraud Fusion Taskforce SES BAND 2 States, Territories and Remote, Specialised Service Delivery, Operations Performance & Capability, Chief Financial Officer, Fraud Fusion Taskforce and Integrity Capability |
SES BAND 1 Fraud Investigations EL1 - 2 Fraud Investigations |
SES Agency Budget and Financial Controls | EL2 Finance Accounting Management Accounting | EL1 - 2 Finance Accounting | APS 6 Finance Scheme Debt | SES BAND 1 - 2 Service Delivery EL 2 Service Delivery |
SES BAND 1 Compensation | EL1 - 2 Compensation | Chief Counsel Deputy Chief Counsel |
All Officers |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 146 | Bring legal proceedings to recover a debt owed to the Agency | 183(1) | Yes | No | Yes | No | No | No | No | Yes | No | Yes | No |
| 147 | Enter into an arrangement with a person to pay a debt owed to the Agency in accordance with Schedule 4 | 184(1) | Yes | Yes | Yes | No | Yes | Yes | No | Yes | Yes | No | No |
| 148 | Terminate or alter an arrangement entered into under s 184(1) in accordance with Schedule 4 | 184(4) | Yes | Yes | Yes | No | Yes | Yes | No | Yes | Yes | No | No |
| 149 | Recover amounts from financial institutions where NDIS amounts have been paid to a person other than the intended recipient | 185(1) | Yes | Yes | Yes | Yes | Yes | Yes | No | Yes | Yes | Yes | No |
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Scheme Debt Recovery (cont.)
| Item | Description of Power/Function | Authority (section of NDIS Act) | SES BAND 3 Service Delivery, Chief Operations Officer/Enabling Services, Governance Risk and Legal, Integrity Transformation and Fraud Fusion Taskforce SES BAND 2 States, Territories and Remote, Specialised Service Delivery, Operations Performance & Capability, Chief Financial Officer, Fraud Fusion Taskforce and Integrity Capability |
SES BAND 1 Fraud Investigations EL1 - 2 Fraud Investigations |
SES Agency Budget and Financial Controls | EL2 Finance Accounting Management Accounting | EL1 - 2 Finance Accounting | APS 6 Finance Scheme Debt | SES BAND 1 - 2 Service Delivery EL 2 Service Delivery |
SES BAND 1 Compensation | EL1 - 2 Compensation | Chief Counsel Deputy Chief Counsel |
All Officers |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 150 | Recover amounts from financial institutions where NDIS amounts have been paid to the credit of an account and the intended recipient dies before the payments have been made | 185(2) | Yes | Yes | Yes | Yes | Yes | Yes | No | Yes | Yes | Yes | No |
| 151 | Obtain information from a person who owes a debt to the Agency | 186 | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
| 152 | Obtain information about a person who owes a debt to the Agency | 187 | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
| 153 | Write off a debt due to the Agency | 190 | Yes | Yes | Yes | No | Yes | Yes | No | No | No | No | No |
| 154 | Waive Agency’s right to recover debt | 191, 192 194, 195 | Yes | Yes | Yes | No | Yes | No | No | No | No | No | No |
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SDA (SPECIALIST DISABILITY ACCOMMODATION) Rules means the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020.
Specialist Disability Accommodation Dwelling Enrolment
| Item | Description of Power/Function | Authority (section of NDIS Act/Rule) | SES BAND 3 Partners, Providers and Home & Living SES BAND 2 Home and Living SES BAND 1 Home and Living Capital EL1 – 2 Home and Living Capital APS 6 Home and Living Capital |
APS 4 – 5 Home and Living Capital |
|---|---|---|---|---|
| 155 | Require an applicant to give the CEO information or documents in relation to a specialist disability accommodation dwelling enrolment application | Section 25(5) SDA Rules | Yes | Yes |
| 156 | Decide whether to enroll a specialist disability accommodation dwelling | Section 26 SDA Rules | Yes | No |
| 157 | Decide to cancel the enrolment of a specialist disability accommodation dwelling | Section 27 SDA Rules | Yes | No |
| 158 | Request for another person to certify that the information and matters provided at the time of dwelling enrolment continue to apply | Section 30 SDA Rules | Yes | No |
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Schedule 2 - Delegations in accordance with level of function
The delegations in Schedule 1 that are exercised in accordance with level of function are subject to the following:
a) The level of function is a distribution of expected participant plan costs, as indicated by the participants’ disability and the related functional impairment. b) The financial risk of a decision increases as a plan’s costs deviates from the norm for a level of function. c) The ICT systems have been designed that as financial risk increases, so does the minimum delegation required to approve decision. d) Level of function and associated distribution of costs is specified and controlled by the Scheme Actuary (noting the complexity and breadth of the packages inhibits the ability to publish them in this Instrument).
Plan Approval Delegations
The dollar amounts in the table are based on 12 months plan duration and plans not 12 months long are prorated at a rate equal to the variance in duration (For example, the amounts in the table will be halved for a plan of 6 months duration)
| Level of function | Delegate 1 | Delegate 2 | Delegate 3 | Delegate 4 | Delegate 5 |
|---|---|---|---|---|---|
| 1 | $16,445.00 | $31,625.00 | $63,250.00 | $1,265,000 | Over 1,265,000 |
| 2 | $19,607.50 | $47,437.50 | $94,875.00 | $1,265,000 | Over 1,265,000 |
| 3 | $22,770.00 | $50,600.00 | $101,200.00 | $1,265,000 | Over 1,265,000 |
| 4 | $29,095.00 | $56,925.00 | $151,800.00 | $1,265,000 | Over 1,265,000 |
| 5 | $35,420.00 | $75,900.00 | $151,800.00 | $1,265,000 | Over 1,265,000 |
| 6 | $44,907.50 | $107,525.00 | $156,543.75 | $1,265,000 | Over 1,265,000 |
| 7 | $60,720.00 | $126,500.00 | $158,125.00 | $1,265,000 | Over 1,265,000 |
| 8 | $72,105.00 | $158,125.00 | $215,050.00 | $1,265,000 | Over 1,265,000 |
| 9 | $94,875.00 | $189,750.00 | $253,000.00 | $1,265,000 | Over 1,265,000 |
| 10 | $158,125.00 | $253,000.00 | $379,500.00 | $1,265,000 | Over 1,265,000 |
| 11 | $189,750.00 | $316,250.00 | $442,750.00 | $1,265,000 | Over 1,265,000 |
| 12 | $221,375.00 | $347,875.00 | $442,750.00 | $1,265,000 | Over 1,265,000 |
| 13 | $284,625.00 | $379,500.00 | $442,750.00 | $1,265,000 | Over 1,265,000 |
| 14 | $316,250.00 | $442,750.00 | $442,750.00 | $1,265,000 | Over 1,265,000 |
| 15 | $379,500.00 | $442,750.00 | $442,750.00 | $1,265,000 | Over 1,265,000 |
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Schedule 3 - Delegations in accordance with financial limits for section 47A variations
Plan Variation Delegations
The dollar amounts in the table are based on 12 months plan duration and plans not 12 months long are prorated at a rate equal to the variance in duration (For example, the amounts in the table will be halved for a plan of 6 months duration)
| Plan Delegate Level | Delegate 1 | Delegate 2 | Delegate 3 | Delegate 4 | Delegate 5 |
|---|---|---|---|---|---|
| Amount | $2,500 | $5,000 | $10,000 | $50,000 | Over $50,000 |
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Schedule 4 - Delegations in accordance with financial limits
Scheme debt
A Scheme debt is an amount of monies due to the Agency for a payment of an NDIS amount (to or in respect of a participant) made to a person who is not entitled for any reason to the payment of the NDIS amount
(section 182(1) of the NDIS Act), or an amount due and payable to the NDIA (National Disability Insurance Agency), including as a result of:
a. Incorrect payment or overpayment to a provider or participant (including nominees acting on behalf of participants),
b. Compensations matters; and
c. Other debts relating to the operations of the NDIS Act.
If you are responsible for managing debts and/or waivers under the NDIS Act, you must act in accordance with the legislation, the Scheme Debt Policy and this Instrument of Delegation.
In the operation of the delegated functions under s184(1) and (4), the following financial limits are set separately where they apply for providers and participants who enter an arrangement to repay a Scheme
debt to the Agency via a payment schedule.
For those situations where the person is a provider
| Description of Power/Function | Authority (section of NDIS Act) | Chief Financial Officer DCEO Service Delivery DCEO Integrity Transformation and Fraud Fusion Taskforce |
SES BAND 2 Fraud Fusion Taskforce and Integrity Capability SES BAND 1 Agency Budget and Financial Controls |
EL 2 Finance Scheme Debt |
EL 1 Finance Scheme Debt |
APS6 Finance Scheme Debt |
|---|---|---|---|---|---|---|
| 159 | Enter into an arrangement with a person to pay a debt owed to the Agency (where the person is a provider) | 184(1) | Unlimited | Yes $2,000,000 |
Yes $500,000 |
Yes $100,000 |
| 160 | Terminate or alter an arrangement entered into under s 184(1) (where the person is a provider) | 184(4) | Unlimited | Yes $2,000,000 |
Yes $500,000 |
Yes $100,000 |
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For those situations where the person is a participant
| Description of Power/Function | Authority (section of NDIS Act) | Chief Financial Officer DCEO Service Delivery DCEO Integrity Transformation and Fraud Fusion Taskforce |
SES BAND 2 Fraud Fusion Taskforce and Integrity Capability SES BAND 1 Agency Budget and Financial Controls Compensation |
EL2 Finance Scheme Debt Compensation |
EL1 Finance Scheme Debt Compensation |
APS6 Finance Scheme Debt |
|---|---|---|---|---|---|---|
| 161 | Enter into an arrangement with a person to pay a debt owed to the Agency (where the person is a participant) | 184(1) | Unlimited | Yes $1,000,000 |
Yes $250,000 |
Yes $50,000 |
| 162 | Terminate or alter an arrangement entered into with a person under s 184(1) (where the person is a participant) | 184(4) | Unlimited | Yes $1,000,000 |
Yes $250,000 |
Yes $50,000 |
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Scheme Debt Recovery
In this instrument:
- a determination to clear debt through a write-off enables the CEO to reinstate the debt later and resume recovery action, if there is a change in circumstances that led to the delegate’s original decision to write-off the debt.
- a determination to clear debt through a waiver result in a permanent bar to the recovery of a debt (or part thereof), effectively the debt ceases to exist, and no further recovery action can be taken.
For waivers and write-offs in relation to participant and provider debt for NDIS amounts or an amount due and payable to the NDIA from Scheme funds.
| Description of Power/Function | Authority (section of NDIS Act) | DCEO Enabling Services/COO Chief Financial Officer DCEO Integrity Transformation and Fraud Fusion Taskforce |
SES BAND 2 Fraud Fusion Taskforce and Integrity Capability SES BAND 1 Agency Budget and Financial Controls |
EL2 Finance Scheme Debt |
EL1 Finance Scheme Debt |
APS6 Finance Scheme Debt |
|---|---|---|---|---|---|---|
| 163 | Write off a debt due to the Agency | 190 | $1,000,000 | $250,000 | $50,000 | $10,000 |
| 164 | Waive Agency’s right to recover debt | 191, 192, 194, 195 | $1,000,000 | $100,000 | $10,000 | $200 |
| 165 | Waive Agency’s right to recover a small debt ($200) | 193 | $200 | $200 | $200 | $200 |
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Abbreviations and References:
- CEO - Chief Executive Officer
- DCEO - Deputy Chief Executive Officer (SES BAND 3) Refer to - Australian Public Service Commission Work level standards: SES
- COO – Chief Operating Officer (SES BAND 3) Refer to - Australian Public Service Commission Work level standards: SES
- GM – General Manager (SES BAND 2) Refer to - Australian Public Service Commission Work level standards: SES
- BM – Branch Manager and State Manager (SES BAND 1) Refer to - Australian Public Service Commission Work level standards: SES
- EL2 - Executive Level 2, also Refer to - Australian Public Service Commission Work level standards: Executive Level 2
- EL1 - Executive Level 1, also Refer to - Australian Public Service Commission Work level standards: Executive Level 1
- APS6 - Refer to - Australian Public Service Commission Work level standards: APS Level 6
- APS5 - Refer to - Australian Public Service Commission Work level standards: APS Level 5
- APS4 - Refer to - Australian Public Service Commission Work level standards: APS Level 4
- APS3 - Refer to - Australian Public Service Commission Work level standards: APS Level 3
- HDD - High Decision Delegate
- NCC – National Contact Centre
- Planner – also includes:
- Aged Care Hospital Interface Liaison (Aged Care and Hospital Interface Branch);
- Complex Support Needs (CSN) Liaison staff (Complex Support Support Needs Branch);
- Technical Advisors (Professional Stream)/Technical Advisory (Technical Advice and Practice Improvement Branch); and
- Planner Supervisor (National Early Childhood Branch).
- PSO - Participant Support Officer, also include:
- APS6 PSO Supervisor
- APS5 PSO Technical Lead
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