NDIA Accountability Project

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s34 Technical Advice Template (with s34 Detail)

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s34 Technical Advice Template (with s34 Detail)

Advice Overview

Keywords:

[Keywords]

Participant Details

  • Participant Name: [Participant Full Name]
  • Participant NDIS Number: [Participant NDIS Number]

Request Details

  • Requestor ID and Branch: [Requestor User ID and Branch]
  • Case Number(s) and Advice Request(s):
    • [Case Number]
      • [Advice Request]

Advisor Details

  • Advisor ID: [Key Advisor User ID]
  • Advice Cleared by: [Clearing Advisor User ID]
  • Additional Technical Advice Input provided by: [ALL Peer Reviewer User IDs]
  • Advice Completion Date: [Advice Completion Date DD/MM/YYYY]

Technical Advice Case Details

Documents Referenced:

  • [List any documents or phone calls used as evidence to inform your decision]

Are any other legislative references required?:

  • [List references other than NDIA Act 2013, and NDIA (Supports for Participants) Rules 2013]
  • NOTE: For new Legislation advice, do the following:
    • Include the advisor opinion related to s34(1)(aa) to the s34(1)(a) PACE comment box.
    • Include the following at the start of s34(1)(a) and s34(1)(f) comment boxes in PACE: o Opinion against amended legislation 2024.

Delete this guidance before finalising your advice.

Advisors’ Additional Comments:

Participant’s Situation

  • [List Participant Situation Details]

Summary of Function

  • [List Summary of Function Details]

Relevant Existing Supports

  • [List Relevant Existing Supports Details]

Advisor Opinion:

For a support to be considered reasonable and necessary, all criteria in Section 34 of the NDIS Act 2013 must be met and consideration of the NDIS Supports Transitional Rules 2024 and the NDIS (Support for Participants) Rules 2013 must be completed.

  • [Request 1] [Request Item 1 Write Up]
  • [Request 2] [Request Item 2 Write Up]

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Advice Consideration

This is for Technical Advice and Practice Improvement Branch (TAPIB) advice only, the decision to approve or decline is the plan delegates decision. TAPIB advice is informed by clinical application and understanding of the impact of providing the support. This includes compulsory protocols agreed with the NDIS Quality and Safeguards Commission. If you disagree with advice from TAPIB or receive more information for the case, discuss this with your team leader or manager. If your team leader or manager agrees, contact TAPIB Advisor or Assistant Director for discussion and resolution.

You should not distribute TAPIB advice as this is internal specialist advice. This aligns with the CEO Direction dated 1 February 2021.

If you provide the participant with written reasons for the decision, this correspondence should be self-contained with your decisions set out. Advice provided by the TAPIB may be paraphrased in written correspondence about the decision.

s34 Detail

Section 34(1)(aa) The support is necessary to address the needs of the participant arising from an impairment in relation to which the participant meets the disability requirements (see section 24) or the early intervention requirements (see section 25).

MET / NOT MET [Enter information confirming Advisor has considered S34(1)(aa) and indicated the impairment type (intellectual, cognitive, neurological, sensory or physical, and/or developmental delay for EI participants only) that disability is attributable to and determined that the requested support is necessary due to this impairment that was assessed as meeting S24 or S25 (or both)]

Section 34(1)(a) The support will assist the participant to pursue the goals, objectives and aspirations included in the participant’s statement of goals and aspirations.

MET / NOT MET [Enter information; mandatory if any supports do not meet criteria / more information required]

Section 34(1)(b) The support will assist the participant to undertake activities to facilitate their social and/or economic participation.

MET / NOT MET [Enter information; mandatory if any supports do not meet criteria / more information required]

Section 34(1)(c) Represents value for money in that the costs of the support are reasonable, relative to both the benefits achieved and the cost of alternative support.

MET / NOT MET [Enter information; mandatory if any supports do not meet criteria / more information required]

Section 34(1)(d) The support will be, or is likely to be, effective and beneficial for the participant, having regard to current good practice.

MET / NOT MET [Enter information; mandatory if any supports do not meet criteria / more information required]

Reasonable and Necessary Supports Rules

  • Rule 5.1(a): The support(s) is not likely to cause harm to participant or pose risk to others. MET / NOT MET [Enter information; mandatory if any supports do not meet criteria / more information required]

  • Rule 5.1(b): The support(s) is related to the participant’s disability. MET / NOT MET [Enter information; mandatory if any supports do not meet criteria / more information required]

  • Rule 5.1(c): The support(s) does not duplicate support already delivered through alternative funding through the NDIS. MET / NOT MET [Enter information; mandatory if any supports do not meet criteria / more information required]

  • Rules 5.1(d) and 5.2(a): The support(s) does not relate to day-to-day living costs such as rent, groceries, utility fees – unless the additional costs are for day-to-day costs directly attributable to the participant’s disability. MET / NOT MET [Enter information; mandatory if any supports do not meet criteria / more information required]

Rule 5.2(b): If the support(s) is considered a day-to-day living cost, it is ancillary to another

support funded or provided under the participant’s plan and which otherwise would not be incurred. MET / NOT MET [Enter information; mandatory if any supports do not meet criteria / more information required]

Rule 5.3(a): The support(s) is not contrary to a law of the Commonwealth, State or Territory.

MET / NOT MET [Enter information; mandatory if any supports do not meet criteria / more information required]

Rule 5.3(b): The support(s) does not consist of income replacement.

MET / NOT MET [Enter information; mandatory if any supports do not meet criteria / more information required]