National Disability Insurance Scheme Act 2013 Instrument of Delegation 2 of 2025

FOI 25/26-0749

DOCUMENT 1

The contents of this document are OFFICIAL

National Disability Insurance Scheme Act 2013 Instrument of Delegation 2 of 2025

I, REBECCA FALKINGHAM, Chief Executive Officer of the National Disability Insurance Agency:

REVOKE

(a) the National Disability Insurance Scheme Act 2013 Instrument of Delegation 1 of 2025 signed on 1 January 2025, 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 112

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.

REBECCA FALKINGHAM

Chief Executive Officer

Effective from 23 May 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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Contents FOI 25/26-0749

• National Disability Insurance Scheme Act 2013 ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… 1
• Instrument of Delegation 2 of 2025……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….. 1
• Schedule 1 ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… 3
• Section 10 (Substitutions) ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………. 3
• Access ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… 4
• Revocation of participant status …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… 5
• Planning ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………. 6
• Planning ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….. 10
• Planning – Compensation …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………. 12
• Planning – Compensation …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………. 15
• Compensation …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………. 17
• Plan Variation ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….. 21
• Plan Reassessment ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….. 25
• Children ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….. 28
• Nominees ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….. 29
• Review of Decisions …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………. 32
• Information Handling ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… 33
• Information Handling ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… 34
• Information Handling ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… 35
• Claims & Payments ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….. 38
• Scheme Debt Recovery …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….. 39
• Specialist Disability Accommodation Dwelling Enrolment ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………. 42
• Schedule 2 - Delegations in accordance with level of function ………………………………………………………………………………………………………………………………………………………………………………………………………………………………… 43
• Plan Approval Delegations …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….. 43
• Schedule 3 - Delegations in accordance with financial limits for section 47A variations ……………………………………………………………………………………………………………………………………………………………………………………………… 44
• Plan Variation Delegations …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….. 44
• Schedule 4 - Delegations in accordance with financial limits ………………………………………………………………………………………………………………………………………………………………………………………………………………………………….. 45
• Scheme debt …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… 45
• Abbreviations and References …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… 48

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FOI 25/26-0749

Schedule 1

Section 10 (Substitutions)

Description of Power/Function	Authority (section of NDIS Act)	SES BAND 3 Service Delivery SES BAND 2 National Operations & Performance SES BAND 1 Technical Advice and Practice Improvement	EL 1 – 2 Technical Advice and Practice Improvement APS 6 Technical Advisor (Professional Stream)
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 25/26-0749

Access

Description of Power/Function	Authority (section of NDIS Act)	SES BAND 3 Service Delivery, Children, Specialised Services & Scheme Interfaces SES BAND 2 State, Territories and Remote, Specialised Service Delivery, National Operations & Performance	SES BAND 1 Scheme Eligibility EL1 - 2 Scheme Eligibility APS 6 Access Assessor Quality Officer Access Officer APS 5 Quality Officer Access Assessor APS 4 Access Assessor	APS 3 – 4 Access Officer	SES BAND 1 Technical Advice and Practice Improvement EL 1 – 2 Technical Advice and Practice Improvement APS 6 Technical Advisory
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
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
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
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
Give a participant a notice of impairments	32BA(1)	Yes	Yes	No	No
Vary a notice of impairments	32BA(5)	Yes	Yes	No	No
Request information reasonably necessary to decide whether or not the prospective participant meets the access criteria	26(1)(a)	Yes	Yes	Yes	Yes
Request a prospective participant to undergo an assessment for the purposes of determining access request	26(1)(b)(i)	Yes	Yes	No	Yes
Request a prospective participant to undergo an examination for the purposes of determining access request	26(1)(b)(ii)	Yes	Yes	No	Yes

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FOI 25/26-0749

Revocation of participant status

Description of Power/Function	Authority (section of NDIS Act)	SES BAND 3 Service Delivery, Children, Specialised Services & Scheme Interfaces SES BAND 2 State, Territories and Remote, Specialised Service Delivery, National Operations & Performance, Children’s Strategy & Services	SES BAND 1 Scheme Eligibility EL1 - 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 & Operations, Participant Safeguarding Response EL1 - 2 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Compensation, Home and Living Planning & Operations Scheme Integrity Response Team
Revoke a person’s status as a participant in the NDIS	30(1)	Yes	Yes	Yes
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 25/26-0749

Planning

Description of Power/Function	Authority (section of NDIS Act)	SES BAND 3 Service Delivery, Children, Specialised Services & Scheme Interfaces SES BAND 2 State, Territories and Remote, Specialised Service Delivery, National Operations & Performance, Children’s Strategy & Services SES BAND 1 Aged Care & Hospital Interface	SES BAND 1 State, Territories and Remote, Complex Support Needs, National Early Childhood, Performance, Quality & National Workload Management Scheme Reforms and Transition, Technical Advice and Practice Improvement Compensation, Home and Living Planning & Operations	EL2 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Compensation, Home and Living Planning & 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 & Operations APS 6 Planner, Compensation, PSO	APS 4 - 5 Planner, Compensation, PSO	APS 3 Compensation, PSO	APS 4 – 6 Local Community Connectors	SES BAND 1 Scalable Integrity Responses EL2 Scalable Integrity Responses	EL1 Scalable Integrity Responses APS6 Frontline Integrity	APS5 Frontline Integrity EL2 Frontline Integrity
Facilitate the preparation of an initial plan for a participant	32(1)	Yes	Yes	Yes	Yes	No	Yes	Yes	Yes	No	No	No	No
Facilitate the preparation of a subsequent plan for a participant	32(3)	Yes	Yes	Yes	Yes	No	Yes	Yes	Yes	No	Yes	Yes	Yes
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	No	Yes	Yes	Yes
Approve a participant’s plan in accordance	33(2)	Yes	Yes	Yes	Yes	Yes	Yes	Yes	No	No	Yes	Yes	Yes

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FOI 25/26-0749

Planning (continued)

Description of Power/Function	Authority (section of NDIS Act)	SES BAND 3 Service Delivery, Children, Specialised Services & Scheme Interfaces SES BAND 2 State, Territories and Remote, Specialised Service Delivery, National Operations & Performance, Children’s Strategy & Services SES BAND 1 Aged Care & Hospital Interface	SES BAND 1 State, Territories and Remote, Complex Support Needs, National Early Childhood, Performance, Quality & National Workload Management Scheme Reforms and Transition, Technical Advice and Practice Improvement Compensation, Home and Living Planning & Operations	EL2 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Compensation, Home and Living Planning & 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 & Operations APS 6 Planner, Compensation, PSO	APS 4 - 5 Planner, Compensation, PSO	APS 3 Compensation, PSO	APS 4 – 6 Local Community Connectors	SES BAND 1 Scalable Integrity Responses EL2 Scalable Integrity Responses	EL1 Scalable Integrity Responses APS6 Frontline Integrity	APS5 Frontline Integrity EL2 Frontline Integrity
with Planner Delegate Level 2 in Schedule 2
Approve a participant’s plan in accordance with Planner Delegate Level 3 in Schedule 2	33(2)	Yes	Yes	Yes	Yes	Yes	Yes	No	No	No	Yes	Yes	No
Approve a participant’s plan in accordance with Planner Delegate Level 4 in Schedule 2	33(2)	Yes	Yes	No	Yes	Yes	No	No	No	No	Yes	No	No
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	No	No	No

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FOI 25/26-0749

Planning (continued)

Description of Power/Function	Authority (section of NDIS Act)	SES BAND 3 Service Delivery, Children, Specialised Services & Scheme Interfaces SES BAND 2 State, Territories and Remote, Specialised Service Delivery, National Operations & Performance, Children’s Strategy & Services SES BAND 1 Aged Care & Hospital Interface	SES BAND 1 State, Territories and Remote, Complex Support Needs, National Early Childhood, Performance, Quality & National Workload Management Scheme Reforms and Transition, Technical Advice and Practice Improvement Compensation, Home and Living Planning & Operations	EL2 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Compensation, Home and Living Planning & 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 & Operations APS 6 Planner, Compensation, PSO	APS 4 - 5 Planner, Compensation, PSO	APS 3 Compensation, PSO	APS 4 – 6 Local Community Connectors	SES BAND 1 Scalable Integrity Responses EL2 Scalable Integrity Responses	EL1 Scalable Integrity Responses APS6 Frontline Integrity	APS5 Frontline Integrity EL2 Frontline Integrity
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	Yes	No	No	No
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	Yes	No	No	No
Request a participant to undergo an examination for the purpose of preparing	36(2)(b)(ii)	Yes	Yes	Yes	Yes	No	Yes	Yes	Yes	Yes	No	No	No

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FOI 25/26-0749

Planning (continued)

| Description of Power/Function | Authority (section of NDIS Act) | SES BAND 3 Service Delivery, Children, Specialised Services & Scheme Interfaces
SES BAND 2 State, Territories and Remote, Specialised Service Delivery, National Operations & Performance, Children’s Strategy & Services
SES BAND 1 Aged Care & Hospital Interface | SES BAND 1 State, Territories and Remote, Complex Support Needs, National Early Childhood, Performance, Quality & National Workload Management
Scheme Reforms and Transition, Technical Advice and Practice Improvement
Compensation, Home and Living Planning & Operations | EL2 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Compensation, Home and Living Planning & 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 & Operations
APS 6 Planner, Compensation, PSO | APS 4 - 5 Planner, Compensation, PSO | APS 4 – 6 Local Community Connectors | SES BAND 1 Scalable Integrity Responses
EL2 Scalable Integrity Responses | EL1 Scalable Integrity Responses
APS6 Frontline Integrity
EL2 Frontline Integrity | | — | — | — | — | — | — | — | — | — | — | — | — | | and approving a statement of participant supports | | | | | | | | | | | | | 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 | No | No | | 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 | No | No |

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FOI 25/26-0749

Planning (continued)

Description of Power/Function	Authority (section of NDIS Act)	SES BAND 3 Board, Legal, Reviews, Actuarial & Data SES BAND 2 Reviews & Information Release	SES BAND 2 NCC & Complaints 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	EL 1 – 2 Scheme Integrity Response Team	APS 6 Planner (SIRT only)	SES BAND 1 External Review EL 1 - 2 External Review	Management	Management
Facilitate the preparation of a participant’s plan	32(1)	Yes	Yes	Yes	Yes	Yes	Yes	Yes	Yes	Yes
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
Approve a participant’s plan in accordance with Planner Delegate Level 2 in Schedule 2	33(2)	Yes	Yes	Yes	No	Yes	Yes	Yes	Yes	Yes
Approve a participant’s plan in accordance with Planner Delegate Level 3 in Schedule 2	33(2)	Yes	Yes	No	No	Yes	Yes	Yes	Yes	No
Approve a participant’s plan in accordance with Planner Delegate Level 4 in Schedule 2	33(2)	Yes	No	No	No	Yes	No	Yes	No	No
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
Request information reasonably necessary for the purposes of preparing and approving the statement of participant supports	36(2)(a)	Yes	No	No	No	No	No	No	No	No
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	No	No	No	No	No
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	No	No	No	No
Extend the grace period longer than six weeks for	40(2)(b)	Yes	No	No	No	No	No	No	No	No

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FOI 25/26-0749

Planning (continued)

Description of Power/Function	Authority (section of NDIS Act)	SES BAND 3 Board, Legal, Reviews, Actuarial & Data SES BAND 2 Reviews & Information Release	SES BAND 2 NCC & Complaints 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	EL 1 – 2 Scheme Integrity Response Team	APS 6 Planner (SIRT only)	SES BAND 1 External Review EL 1 - 2 External Review	Management	Management
temporary absence of a participant
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
Decide that a NDIS amount can be paid to a participant, notwithstanding subsection 45(4)	45(5)	No	No	No	No	Yes	Yes	No	No	No

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FOI 25/26-0749

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.

Description of Power/Function	Authority (section of NDIS Act /Rules)	SES BAND 3 Children, Specialised Services & Scheme Interfaces SES BAND 2 Specialised Service Delivery	SES BAND 1 Compensation	EL2 Compensation	EL1 Compensation	APS 6 Compensation	APS 5 Compensation	APS 4 Compensation
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
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, 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
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 25/26-0749

Planning — Compensation (continued)

Description of Power/Function	Authority (section of NDIS Act /Rules)	SES BAND 3 Children, Specialised Services & Scheme Interfaces SES BAND 2 Specialised Service Delivery	SES BAND 1 Compensation	EL2 Compensation	EL1 Compensation	APS 6 Compensation	APS 5 Compensation	APS 4 Compensation
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, (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
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, (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
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

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Planning — Compensation (continued)

Description of Power/Function	Authority (section of NDIS Act /Rules)	SES BAND 3 Children, Specialised Services & Scheme Interfaces SES BAND 2 Specialised Service Delivery	SES BAND 1 Compensation	EL2 Compensation	EL1 Compensation	APS 6 Compensation	APS 5 Compensation	APS 4 Compensation
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 25/26-0749

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.

Description of Power/Function	Authority (section of NDIS Act /Rules)	SES BAND 3 Legal, Reviews, Actuarial & Data SES BAND 2 Reviews & Information Release, Children’s Strategy & Services	SES BAND 1 Complex Support Needs, Aged Care & Hospital Interface, National Early Childhood, Home and Living Planning & Operations, External Review	EL 2 Complex Support Needs, Aged Care & Hospital Interface, National Early Childhood, Home and Living Planning & Operations, External Review, Delivery Support (HDD)	EL 1 External Review, Delivery Support (HDD)	APS 6 Delivery Support (HDD)	Complex Support Needs, Aged Care & Hospital Interface, National Early Childhood, Home and Living Planning & Operations	APS 6 Planner (Home and Living Planning & Operations), Case Management	APS 5-6 Planner (Specialised Service Delivery)
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	Yes
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
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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Planning — Compensation (continued)

Description of Power/Function	Authority (section of NDIS Act /Rules)	SES BAND 3 Legal, Reviews, Actuarial & Data SES BAND 2 Reviews & Information Release, Children’s Strategy & Services	SES BAND 1 Complex Support Needs, Aged Care & Hospital Interface, National Early Childhood, Home and Living Planning & Operations, External Review	EL 2 Complex Support Needs, Aged Care & Hospital Interface, National Early Childhood, Home and Living Planning & Operations, External Review, Delivery Support (HDD)	EL 1 External Review, Delivery Support (HDD)	APS 6 Delivery Support (HDD)	Complex Support Needs, Aged Care & Hospital Interface, National Early Childhood, Home and Living Planning & Operations	APS 6 Planner (Home and Living Planning & Operations), Case Management	APS 5-6 Planner (Specialised Service Delivery)
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	No
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	No

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Compensation

Description of Power/Function	Authority (section of NDIS Act/Rules)	SES BAND 3 Children, Specialised Services & Scheme Interfaces, Legal, Reviews, Actuarial & Data SES BAND 2 Specialised Service Delivery SES BAND 1 Compensation	EL2 Compensation	EL1 Compensation	APS 6 Compensation	APS 5 Compensation	SES BAND 2 Reviews & Information Release SES BAND 1 External Review
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
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
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
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
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
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
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

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Compensation (continued)

Description of Power/Function	Authority (section of NDIS Act/Rules)	SES BAND 3 Children, Specialised Services & Scheme Interfaces, Legal, Reviews, Actuarial & Data SES BAND 2 Specialised Service Delivery SES BAND 1 Compensation	EL2 Compensation	EL1 Compensation	APS 6 Compensation	APS 5 Compensation	SES BAND 2 Reviews & Information Release SES BAND 1 External Review
Take whatever steps are appropriate to bring the claim to a conclusion	105A(2)(a)	Yes	No	No	No	No	No
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
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
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
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
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
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
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
Give written notice to the potential compensation payer that the CEO may wish to recover an	109(1)	Yes	Yes	Yes	Yes	Yes	No

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FOI 25/26-0749

Compensation (continued)

Description of Power/Function	Authority (section of NDIS Act/Rules)	SES BAND 3 Children, Specialised Services & Scheme Interfaces, Legal, Reviews, Actuarial & Data SES BAND 2 Specialised Service Delivery SES BAND 1 Compensation	EL2 Compensation	EL1 Compensation	APS 6 Compensation	APS 5 Compensation	SES BAND 2 Reviews & Information Release SES BAND 1 External Review
amount from the compensation payer (preliminary notice)
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
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
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
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
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
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
Give the insurer written permission to pay the participant or prospective participant a compensation payment	114(4)(c)	Yes	Yes	Yes	Yes	Yes	No
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

Page | 19

FOI 25/26-0749

Compensation (continued)

Description of Power/Function	Authority (section of NDIS Act/Rules)	SES BAND 3 Children, Specialised Services & Scheme Interfaces, Legal, Reviews, Actuarial & Data SES BAND 2 Specialised Service Delivery SES BAND 1 Compensation	EL2 Compensation	EL1 Compensation	APS 6 Compensation	APS 5 Compensation	SES BAND 2 Reviews & Information Release SES BAND 1 External Review
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 | 20

FOI 25/26-0749

Plan Variation

Description of Power/Function	Authority (section of NDIS Act)	SES BAND 3 Service Delivery, Children, Specialised Services & Scheme Interfaces, Legal, Reviews, Actuarial & Data SES BAND 2 State, Territories and Remote, Specialised Service Delivery, National Operations & Performance, Reviews & Information Release, Children’s Strategy & Services SES BAND 1 Aged Care and Hospital Interface Technical Advice and Practice Improvement Home and Living Planning & Operations	SES BAND 1 State, Territories and Remote, Complex Support Needs, National Early Childhood, Compensation Home and Living Planning & Operations, Participant Safeguarding Response, External Review	EL2 State, Territories and Remote, Participant Safeguarding Response, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Technical Advice and Practice Improvement, Compensation, Home and Living Planning & Operations	EL1 Technical Advice and Practice Improvement, Delivery Support (HDD) APS6 Delivery Support (HDD & Service Delivery), Technical Advisor	EL1 State, Territories and Remote, Participant Safeguarding Response, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Compensation, Home and Living Planning & Operations APS6 Planner, PSO, Compensation, Local Community Connectors	APS4 - 5 Planner, PSO, Compensation, Local Community Connectors	APS3 PSO, Compensation
Vary a participant’s plan	47A(1),(2)	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Vary a plan in accordance with Planner Delegate Level 1 in Schedule 3	47A	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Vary a plan in accordance with Planner Delegate Level 2 in Schedule 3	47A	Yes	Yes	Yes	Yes	Yes	Yes	No
Vary a plan in accordance with Planner Delegate Level 3 in Schedule 3	47A	Yes	Yes	Yes	Yes	Yes	No	No

Page | 21

FOI 25/26-0749

Plan Variation (continued)

Description of Power/Function	Authority (section of NDIS Act)	SES BAND 3 Service Delivery, Children, Specialised Services & Scheme Interfaces, Legal, Reviews, Actuarial & Data SES BAND 2 State, Territories and Remote, Specialised Service Delivery, National Operations & Performance, Reviews & Information Release, Children’s Strategy & Services SES BAND 1 Aged Care and Hospital Interface Technical Advice and Practice Improvement Home and Living Planning & Operations	SES BAND 1 State, Territories and Remote, Complex Support Needs, National Early Childhood, Compensation Home and Living Planning & Operations, Participant Safeguarding Response, External Review	EL2 State, Territories and Remote, Participant Safeguarding Response, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Technical Advice and Practice Improvement, Compensation, Home and Living Planning & Operations	EL1 Technical Advice and Practice Improvement, Delivery Support (HDD) APS6 Delivery Support (HDD & Service Delivery), Technical Advisor	EL1 State, Territories and Remote, Participant Safeguarding Response, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Compensation, Home and Living Planning & Operations APS6 Planner, PSO, Compensation, Local Community Connectors	APS4 - 5 Planner, PSO, Compensation, Local Community Connectors	APS3 PSO, Compensation
Vary a plan in accordance with Planner Delegate Level 4 in Schedule 3	47A(4)(b)	Yes	Yes	No	No	No	No	No
Vary a plan in accordance with Planner Delegate Level 5 in Schedule 3	47A(4)(d)	Yes	No	No	No	No	No	No
Decide not to vary a participant’s plan	47A(8)	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Inform the participant that further time is needed to decide whether or not to vary the participant’s plan		Yes	Yes	Yes	Yes	Yes	Yes	Yes
Decide, after further time, to not vary the participant’s plan		Yes	Yes	Yes	Yes	Yes	Yes	Yes

Page | 22

FOI 25/26-0749

Plan Variation (continued)

Description of Power/Function	Authority (section of NDIS Act)	SES BAND 3 Service Delivery, Children, Specialised Services & Scheme Interfaces, Legal, Reviews, Actuarial & Data SES BAND 2 State, Territories and Remote, Specialised Service Delivery, National Operations & Performance, Reviews & Information Release, Children’s Strategy & Services SES BAND 1 Aged Care and Hospital Interface Technical Advice and Practice Improvement Home and Living Planning & Operations	SES BAND 1 State, Territories and Remote, Complex Support Needs, National Early Childhood, Compensation Home and Living Planning & Operations, Participant Safeguarding Response, External Review	EL2 State, Territories and Remote, Participant Safeguarding Response, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Technical Advice and Practice Improvement, Compensation, Home and Living Planning & Operations	EL1 Technical Advice and Practice Improvement, Delivery Support (HDD) APS6 Delivery Support (HDD & Service Delivery), Technical Advisor	EL1 State, Territories and Remote, Participant Safeguarding Response, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Compensation, Home and Living Planning & Operations APS6 Planner, PSO, Compensation, Local Community Connectors	APS4 - 5 Planner, PSO, Compensation, Local Community Connectors	APS3 PSO, Compensation
Request information reasonably necessary for the purposes of varying the participant’s plan	50(2)(a)	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Request a participant to undergo an assessment for the purposes of varying a participant’s plan	90(2)(b)(i)	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Request a participant to undergo an examination for the purposes of varying a participant’s plan	90(2)(b)(ii)	Yes	Yes	Yes	Yes	Yes	Yes	Yes

Page | 23

FOI 25/26-0749

Plan Variation (continued)

Description of Power/Function	Authority (section of NDIS Act)	SES BAND 2 NCC & Complaints SES BAND 1 NCC EL 1 - 2 NCC Operations APS 6 NCC Service Officer	APS 4 – 5 NCC Service Officer	SES BAND 1 Complaints EL 1 - 2 Complaints APS 5 – 6 Complaints APS 3 NCC Service Officer	SES BAND 1 External Review EL1 - 2 External Review	APS6 Case Management	APS5 Case Management	SES BAND 1 Scalable Integrity Responses EL2 Scalable Integrity Responses	EL1 Scalable Integrity Responses APS6 Frontline Integrity	APS5 Frontline Integrity
Vary a participant’s plan	47A(1),(2)	Yes	Yes	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Vary a plan in accordance with Planner Delegate Level 1 in Schedule 3	47A	Yes	Yes	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Vary a plan in accordance with Planner Delegate Level 2 in Schedule 3	47A	Yes	Yes	No	Yes	Yes	Yes	Yes	Yes	Yes
Vary a plan in accordance with Planner Delegate Level 3 in Schedule 3	47A	Yes	No	No	Yes	Yes	No	Yes	Yes	No
Vary a plan in accordance with Planner Delegate Level 4 in Schedule 3	47A	No	No	No	Yes	No	No	Yes	No	No
Vary a plan in accordance with Planner Delegate Level 5 in Schedule 3	47A	No	No	No	No	No	No	No	No	No
Decide not to vary a participant’s plan	47A(4)(b)	Yes	Yes	Yes	Yes	Yes	Yes	No	No	No
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	No	No	No
After further time, decide not to vary the participant’s plan	47A(8)	No	No	No	Yes	Yes	Yes	No	No	No
Request information reasonably necessary for the purposes of varying the participant’s plan	50(2)(a)	Yes	Yes	Yes	No	No	No	Yes	Yes	Yes
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	Yes	Yes	Yes
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	Yes	Yes	Yes

Page | 24

FOI 25/26-0749

Plan Reassessment

Description of Power/Function	Authority (section of NDIS Act)	SES BAND 3 Service Delivery, Children, Specialised Services & Scheme Interfaces, Legal, Reviews, Actuarial & Data SES BAND 2 State, Territories and Remote, Specialised Service Delivery, National Operations & Performance, Reviews & Information Release, NCC & Complaints, Children’s Strategy & Services	SES BAND 1 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Technical Advice and Practice Improvement, Participant Safeguarding Response, Compensation, Home and Living Planning & Operations EL1 - 2 State, Territories and Remote, Participant Safeguarding Response, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Technical Advice and Practice Improvement Compensation, Home and Living Planning & Operations, Delivery Support HDD	APS 6 Technical Advisor (Professional Stream) APS6 Planner, Delivery Support (HDD)	APS3 - 6 Planner, PSO, Compensation, Local Community Connectors	SES BAND 1 NCC EL 1 – 2 NCC Operations APS 3 – 6 NCC Service Officer	SES BAND 1 External Review EL1 - 2 External Review APS5 – 6 Case Management	SES BAND 1 Scalable Integrity Responses EL1 - 2 Scalable Integrity Responses APS5 - 6 Frontline Integrity
Conduct a reassessment of a participant’s plan at any time	48(1)	Yes	Yes	Yes	Yes	No	Yes	Yes
Decide that the plan needs to be varied	48(3)(a)	Yes	Yes	Yes	Yes	Yes	Yes	Yes

Page | 25

FOI 25/26-0749

Plan Reassessment (continued)

Description of Power/Function	Authority (section of NDIS Act)	SES BAND 3 Service Delivery, Children, Specialised Services & Scheme Interfaces, Legal, Reviews, Actuarial & Data SES BAND 2 State, Territories and Remote, Specialised Service Delivery, National Operations & Performance, Reviews & Information Release, NCC & Complaints, Children’s Strategy & Services	SES BAND 1 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Technical Advice and Practice Improvement, Participant Safeguarding Response, Compensation, Home and Living Planning & Operations EL1 - 2 State, Territories and Remote, Participant Safeguarding Response, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Technical Advice and Practice Improvement Compensation, Home and Living Planning & Operations, Delivery Support HDD	APS 6 Technical Advisor (Professional Stream) APS6 Planner, Delivery Support (HDD)	APS3 - 6 Planner, PSO, Compensation, Local Community Connectors	SES BAND 1 NCC EL 1 – 2 NCC Operations APS 3 – 6 NCC Service Officer	SES BAND 1 External Review EL1 - 2 External Review APS5 – 6 Case Management	SES BAND 1 Scalable Integrity Responses EL1 - 2 Scalable Integrity Responses APS5 - 6 Frontline Integrity
Decide that the plan needs to be reassessed	48(3)(b)	Yes	Yes	Yes	Yes	No	Yes	Yes
Decide not to conduct a plan reassessment	48(3)(c)	Yes	Yes	Yes	Yes	No	Yes	No
Reassess the plan before the reassessment date	49(1)	Yes	Yes	No	Yes	No	Yes	No
Request information reasonably necessary for the purposes of reassessing the participant’s	50(2)(a)	Yes	Yes	No	Yes	Yes	Yes	Yes

Page | 26

FOI 25/26-0749

Plan Reassessment (continued)

Description of Power/Function	Authority (section of NDIS Act)	SES BAND 3 Service Delivery, Children, Specialised Services & Scheme Interfaces, Legal, Reviews, Actuarial & Data SES BAND 2 State, Territories and Remote, Specialised Service Delivery, National Operations & Performance, Reviews & Information Release, NCC & Complaints, Children’s Strategy & Services	SES BAND 1 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Technical Advice and Practice Improvement, Participant Safeguarding Response, Compensation, Home and Living Planning & Operations EL1 - 2 State, Territories and Remote, Participant Safeguarding Response, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Technical Advice and Practice Improvement Compensation, Home and Living Planning & Operations, Delivery Support HDD	APS 6 Technical Advisor (Professional Stream) APS6 Planner, Delivery Support (HDD)	APS3 - 6 Planner, PSO, Compensation, Local Community Connectors	SES BAND 1 NCC EL 1 – 2 NCC Operations APS 3 – 6 NCC Service Officer	SES BAND 1 External Review EL1 - 2 External Review APS5 – 6 Case Management	SES BAND 1 Scalable Integrity Responses EL1 - 2 Scalable Integrity Responses APS5 - 6 Frontline Integrity
plan
Request a participant to undergo an assessment for the purposes of reassessing a participant’s plan	50(2)(b)(i)	Yes	Yes	No	Yes	No	Yes	Yes
Request a participant to undergo an examination for the purposes of reassessing a participant’s plan	50(2)(b)(ii)	Yes	Yes	No	Yes	No	Yes	Yes

Page | 27

FOI 25/26-0749

Children

Description of Power/Function	Authority (section of NDIS Act)	SES BAND 3 Service Delivery, Children, Specialised Services & Scheme Interfaces, Partners, Providers and Home and Living, Legal, Reviews, Actuarial & Data, SES BAND 2 State, Territories and Remote, Specialised Service Delivery, National Operations & Performance, Home and Living, Reviews & Information Release, Partners and Providers, NCC & Complaints, Children’s Strategy & Services	SES BAND 1 State, Territories and Remote, Scheme Eligibility, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Compensation, Participant Safeguarding Response, Home and Living Planning & Operations, NCC EL1 - 2 State, Territories and Remote, Scheme Eligibility, Participant Safeguarding Response, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Compensation, Home and Living Planning & Operations, NCC Operations	SES BAND 1 External Review EL1 - 2 External Review
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
Make a determination that a child can self-represent	74(5)	Yes	Yes	Yes
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
Determine that one or more persons have parental responsibility for a child	75(3)	Yes	Yes	Yes
Revoke determinations made under section 74 regarding a child’s representative	77(1)	Yes	Yes	Yes

Page | 28

FOI 25/26-0749

Nominees

Description of Power/Function	Authority (section of NDIS Act)	SES BAND 3 Service Delivery, Children, Specialised Services & Scheme Interfaces, Partners, Providers and Home & Living, Legal, Reviews, Actuarial & Data SES BAND 2 State, Territories and Remote, Specialised Service Delivery, National Operations & Performance, Home and Living, Reviews & Information Release, Partners and Providers, Children’s Strategy & Services	SES BAND 1 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Compensation, Participant Safeguarding Response, Home and Living Planning & Operations EL1 - 2 State, Territories and Remote, Participant Safeguarding Response, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Compensation, Home and Living Planning & Operations, Technical Advice and Practice Improvement APS6 Delivery Support (HDD & Service Delivery) Quality Officer APS5 Quality Officer APS4 – 6 Planner, Local Community Connectors APS3 – 6 PSO, Compensation	SES BAND 1 NCC EL1 - 2 NCC Operations APS 3 – 6 NCC Service Officer	SES BAND 1 External Review, Complaints EL1 - 2 External Review Complaints APS5 – 6 Case Management Complaints	All officers
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	No
Require a plan nominee to give the Agency a statement relating to the disposal of an NDIS amount	84(1)	Yes	Yes	Yes	Yes	No
Appoint a plan nominee at the request of the participant	86(2)(a)	Yes	Yes	Yes	Yes	No
Appoint a plan nominee on the initiative of the CEO	86(2)(b)	Yes	Yes	Yes	Yes	No
Appoint a correspondence nominee at the request of the participant	87(2)(a)	Yes	Yes	Yes	Yes	No

Page | 29

FOI 25/26-0749

Nominees (continued)

Description of Power/Function	Authority (section of NDIS Act)	SES BAND 3 Service Delivery, Children, Specialised Services & Scheme Interfaces, Partners, Providers and Home & Living, Legal, Reviews, Actuarial & Data SES BAND 2 State, Territories and Remote, Specialised Service Delivery, National Operations & Performance, Home and Living, Reviews & Information Release, Partners and Providers, Children’s Strategy & Services	SES BAND 1 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Compensation, Participant Safeguarding Response, Home and Living Planning & Operations EL1 - 2 State, Territories and Remote, Participant Safeguarding Response, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Compensation, Home and Living Planning & Operations, Technical Advice and Practice Improvement APS6 Delivery Support (HDD & Service Delivery) Quality Officer APS5 Quality Officer APS4 – 6 Planner, Local Community Connectors APS3 – 6 PSO, Compensation	SES BAND 1 NCC EL1 - 2 NCC Operations APS 3 – 6 NCC Service Officer	SES BAND 1 External Review, Complaints EL1 - 2 External Review Complaints APS5 – 6 Case Management Complaints	All officers
Appoint a correspondence nominee on the initiative of the CEO	87(2)(b)	Yes	Yes	Yes	Yes	No
Cancel appointment of nominee	89	Yes	Yes	Yes	Yes	No
Cancel or suspend appointment of nominee	90	Yes	Yes	Yes	Yes	No
Suspend and cancel appointment of nominee in cases of physical, mental, or financial harm	91	Yes	Yes	Yes	Yes	No
Appoint another person to be the nominee for a specified period where the nominee is suspended	92(3)	Yes	Yes	Yes	Yes	No
Inform correspondence nominee of the giving of a notice to a	96(1)	Yes	Yes	Yes	Yes	No

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FOI 25/26-0749

Nominees (continued)

Description of Power/Function	Authority (section of NDIS Act)	SES BAND 3 Service Delivery, Children, Specialised Services & Scheme Interfaces, Partners, Providers and Home & Living, Legal, Reviews, Actuarial & Data SES BAND 2 State, Territories and Remote, Specialised Service Delivery, National Operations & Performance, Home and Living, Reviews & Information Release, Partners and Providers, Children’s Strategy & Services	SES BAND 1 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Compensation, Participant Safeguarding Response, Home and Living Planning & Operations EL1 - 2 State, Territories and Remote, Participant Safeguarding Response, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Compensation, Home and Living Planning & Operations, Technical Advice and Practice Improvement APS6 Delivery Support (HDD & Service Delivery) Quality Officer APS5 Quality Officer APS4 – 6 Planner, Local Community Connectors APS3 – 6 PSO, Compensation	SES BAND 1 NCC EL1 - 2 NCC Operations APS 3 – 6 NCC Service Officer	SES BAND 1 External Review, Complaints EL1 - 2 External Review Complaints APS5 – 6 Case Management Complaints	All officers
participant and the terms of the notice
Disclose information to a participant’s nominee	66(3)	Yes	Yes	Yes	Yes	Yes

Page | 31

FOI 25/26-0749

Review of Decisions

Description of Power/Function	Authority (section of NDIS Act)	SES BAND 3 Service Delivery, Children, Specialised Services & Scheme Interfaces, Legal, Reviews, Actuarial & Data, Chief Operating Officer/Enabling Services, SES BAND 2 State, Territories and Remote, Specialised Service Delivery, Chief Financial Officer, National Operations & Performance, Reviews & Information Release, Children’s Strategy & Services, NCC & Complaints	SES BAND 1 State, Territories and Remote, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood, Review, Compensation, Home and Living Planning & Operations, Technical Advice & Practice Improvement External Review, Complaints NCC 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 & Operations, Delivery Support (HDD), Technical Advice & Practice Improvement External Review, Complaints NCC Operations	APS 6 Delivery Support (HDD) APS5 - 6 Planner, Review — access, Review — planning, Compensation, Technical Advisory, Case Management, Complaints APS 4 Review — access, Review — planning, Technical Advisory APS3 – 6 NCC Service Officer
Review a reviewable decision	100(5)	Yes	Yes	Yes

Page | 32

FOI 25/26-0749

Information Handling

Description of Power/ Function	Authority (section of NDIS Act)	SES BAND 3 Service Delivery, Children, Specialised Services & Scheme Interfaces SES BAND 2 State, Territories & Remote, Specialised Service Delivery, National Operations & Performance, Children’s Strategy & Services	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, Participant Safeguarding Response, Complex Support Needs, Aged Care and Hospital Interface, National Early Childhood EL 2 State, Territories and Remote, Participant Safeguarding Response EL1 - 2 National Access Program Support
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
Obtain information from other persons to ensure the integrity of the National Disability Insurance Scheme	55(1)	Yes	No	No	No	Yes	Yes
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
Disclose information where it is necessary in the public interest	66(1)(a)	Yes	No	No	No	Yes	No
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 | 33

FOI 25/26-0749

Information Handling (continued)

Description of Power/ Function	Authority (section of NDIS Act)	SES BAND 3 Integrity Transformation and Technology Services SES BAND 2 Fraud Fusion Taskforce & Integrity Capability SES BAND 1 Fraud Investigations, Intelligence and Analytics, Scalable Integrity Response EL2 Fraud Investigations Intelligence and Analytics Scalable Integrity Response EL1 Scalable Integrity Response	EL1 Fraud Investigations 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
Obtain information from participants and prospective participants to ensure the integrity of the National Disability Insurance Scheme	53(1)	Yes	Yes
Obtain information from other persons to ensure the integrity of the National Disability Insurance Scheme	55(1)	Yes	Yes
Decide that the collection, recording, disclosure or use of information is reasonably necessary for research, actuarial analysis, or policy development	60(3)	No	No
Disclose information where it is necessary in the public interest	66(1)(a)	Yes	No
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 | 34

FOI 25/26-0749

Information Handling (continued)

INFORMATION HANDLING	Authority (section of NDIS Act)	Description of Power/Function	SES BAND 3 First Nations, Legal, Reviews, Actuarial & Data, Service Design and Improvement, Partners, Providers and Home & Living, Chief Operating Officer/Enabling Services SES BAND 2 Chief Counsel, Reviews & Information Release, Scheme Interfaces & Intergovernmental Relations, Chief Financial Officer, Policy and Practice Leadership, Home and Living, Partners and Providers, Markets,, Scheme Actuary & Chief Data Officer	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 1 Scheme Policy, Participant Outcomes, Evidence & Evaluation	SES BAND 1 Providers, Market Stewardship, Market Strategy	SES BAND 1 Technical Advice and Practice Improvement EL2 Provider Exit Coordination	SES BAND 1 Data & Analytics EL2 Data & Analytics	Deputy Chief Counsel Special Counsel EL2 Principal Legal Officer Agency Legal Services Branch	SES BAND 1 Information Release, Privacy & Legal Operations EL 2 Principal Legal Officer Resolutions EL 1 Senior Legal Officer Resolutions EL1-2 Release & Privacy Officer	EL2 Intergovernment Relations & Mainstream	EL 2 Quality & Safeguards Interface
135	53(1)	Obtain information from participants and prospective participants to ensure the integrity of the National Disability Insurance Scheme	Yes	No	No	No	No	No	Yes	Yes	No	No	Yes
136	55(1)	Obtain information from other persons to ensure the integrity of the National Disability Insurance Scheme	Yes	No	No	No	No	No	No	Yes	No	No	No

Page | 35

FOI 25/26-0749

Information Handling (continued)

INFORMATION HANDLING	Authority (section of NDIS Act)	Description of Power/Function	SES BAND 3 First Nations, Legal, Reviews, Actuarial & Data, Service Design and Improvement, Partners, Providers and Home & Living, Chief Operating Officer/Enabling Services SES BAND 2 Chief Counsel, Reviews & Information Release, Scheme Interfaces & Intergovernmental Relations, Chief Financial Officer, Policy and Practice Leadership, Home and Living, Partners and Providers, Markets,, Scheme Actuary & Chief Data Officer	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 1 Scheme Policy, Participant Outcomes, Evidence & Evaluation	SES BAND 1 Providers, Market Stewardship, Market Strategy	SES BAND 1 Technical Advice and Practice Improvement EL2 Provider Exit Coordination	SES BAND 1 Data & Analytics EL2 Data & Analytics	Deputy Chief Counsel Special Counsel EL2 Principal Legal Officer Agency Legal Services Branch	SES BAND 1 Information Release, Privacy & Legal Operations EL 2 Principal Legal Officer Resolutions EL 1 Senior Legal Officer Resolutions EL1-2 Release & Privacy Officer	EL2 Intergovernment Relations & Mainstream	EL 2 Quality & Safeguards Interface
137	60(3)	Decide that the collection, recording, disclosure or use of information is reasonably necessary for research, actuarial analysis, or policy development	Yes	Yes	Yes	Yes	Yes	No	Yes	Yes	No	No	No
138	66(1)(a)	Disclose information where it is necessary in the public interest	Yes	Yes	No	No	Yes	Yes	No	Yes	Yes	Yes	Yes
139	66(1)(b)	Disclose information to certain classes of people e.g., the Secretary of a Department of State of the Cth etc.	Yes	Yes	No	No	Yes	No	Yes	Yes	Yes	Yes	No

Page | 36

FOI 25/26-0749

Information Handling (continued)

(Continuation of table header columns without additional rows on this page)

Page | 37

FOI 25/26-0749

Claims & Payments

Description of Power/Function	Authority (section of NDIS Act)	SES BAND 3 Integrity Transformation & Technology Services SES BAND 2 Integrity & Payments Transformation SES BAND 1 Claims and Payments	EL1 – 2 Claims and Payments	APS4 – 6 Payments, Finance, Payments Performance, Corporate Operations	SES BAND 3 Service Delivery SES BAND 2 NCC & Complaints SES BAND 1 NCC EL1 – 2 NCC Operations	APS4 – 6 NCC Service Officer
The powers and functions that are exercisable by the CEO under section 45 of the NDIS Act	45	Yes	Yes	Yes	No	No
Decide that a claim for payment has been made in accordance with subsections (2), (3) and (5)	45A(1)	Yes	Yes	Yes	Yes	Yes
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
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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FOI 25/26-0749

In this instrument, power to write off debt is in relation to NDIS amounts only or an amount due and payable to the NDIA from Scheme funds. Refer to the financial delegations policy for write off Agency debts.

Scheme Debt Recovery

Description of Power/Function	Authority (section of NDIS Act)	SES BAND 3 Service Delivery, Children, Specialised Services & Scheme Interfaces, Chief Operations Officer/Enabling Services, Legal, Reviews, Actuarial & Data, Integrity Transformation and Technology Services SES BAND 2 States, Territories and Remote, Specialised Service Delivery, National Operations & Performance, Chief Financial Officer, Fraud Fusion Taskforce and Integrity Capability	SES BAND 1 Fraud Investigations EL1 - 2 Fraud Investigations	SES BAND 1 Budget Management, Strategy & Support	EL2 Finance Accounting Management Accounting	EL1 - 2 Finance Accounting Scheme Debt Management	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
Bring legal proceedings to recover a debt owed to the Agency	183(1)	Yes	No	Yes	No	No	No	No	Yes	No	Yes	No
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
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

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FOI 25/26-0749

Scheme Debt Recovery (continued)

Description of Power/Function	Authority (section of NDIS Act)	SES BAND 3 Service Delivery, Children, Specialised Services & Scheme Interfaces, Chief Operations Officer/Enabling Services, Legal, Reviews, Actuarial & Data, Integrity Transformation and Technology Services SES BAND 2 States, Territories and Remote, Specialised Service Delivery, National Operations & Performance, Chief Financial Officer, Fraud Fusion Taskforce and Integrity Capability	SES BAND 1 Fraud Investigations EL1 - 2 Fraud Investigations	SES BAND 1 Budget Management, Strategy & Support	EL2 Finance Accounting Management Accounting	EL1 - 2 Finance Accounting Scheme Debt Management	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
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
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
Obtain information from a person who owes a debt to the Agency	186	Yes	Yes	Yes	Yes	Yes	Yes	Yes	Yes	Yes	Yes	Yes

Page | 40

SCHEME DEBT RECOVERY

Description of Power/Function	Authority (section of NDIS Act)	SES BAND 3 Service Delivery, Children, Specialised Services & Scheme Interfaces, Chief Operations Officer/Enabling Services, Legal, Reviews, Actuarial & Data, Integrity Transformation and Technology Services SES BAND 2 States, Territories and Remote, Specialised Service Delivery, National Operations & Performance, Chief Financial Officer, Fraud Fusion Taskforce and Integrity Capability	SES BAND 1 Fraud Investigations EL1 - 2 Fraud Investigations	redacted: s22 Budget Management, Strategy & Support	EL2 Finance Accounting Management Accounting	EL1 - 2 Finance Scheme Debt	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
Obtain information about a person who owes a debt to the Agency	187	Yes	Yes	Yes	Yes	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Write off a debt due to the Agency	190	Yes	Yes	Yes	No	Yes	Yes	No	No	No	No	No
Waive Agency’s right to recover debt	191, 192 194, 195	Yes	Yes	Yes	No	Yes	No	No	No	No	No	No

Specialist Disability Accommodation Dwelling Enrolment FOI 25/26-0749

SDA (SPECIALIST DISABILITY ACCOMMODATION) Rules’ means the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020.

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
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
Decide whether to enroll a specialist disability accommodation dwelling	Section 26 SDA Rules	Yes	No
Decide to cancel the enrolment of a specialist disability accommodation dwelling	Section 27 SDA Rules	Yes	No
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

Schedule 2 - Delegations in accordance with level of function FOI 25/26-0749

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

Schedule 3 - Delegations in accordance with financial limits for redacted: s47 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

Schedule 4 - Delegations in accordance with financial limits FOI 25/26-0749

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 & Technology Services	SES BAND 2 Fraud Fusion Taskforce & Integrity Capability SES BAND 1 Fraud Investigations	EL 2 Fraud Investigations Scheme Debt	EL 1 Fraud Investigations Scheme Debt	APS6 Finance (Scheme Debt Team only)
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	Yes $50,000
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	Yes $50,000

For those situations where the person is a participant FOI 25/26-0749

Description of Power/Function (section of NDIS Act)	Authority (section of NDIS Act)	Chief Financial Officer DCEO Service Delivery DCEO Integrity Transformation & Technology Services	SES BAND 2 Fraud Fusion Taskforce & Integrity Capability SES BAND 1 Fraud Investigations Compensation	EL2 Fraud Investigations Scheme Debt Compensation	EL1 Fraud Investigations Scheme Debt Compensation	APS6 Finance (Scheme Debt Team only)
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	Yes $25,000
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	Yes $25,000

Scheme Debt Recovery FOI 25/26-0749

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 & Technology Services	SES BAND 2 Fraud Fusion Taskforce & Integrity Capability SES BAND 1 Fraud Investigations	EL2 Fraud Investigations Scheme Debt	EL1 Fraud Investigations Scheme Debt	APS6 Finance (Scheme Debt Team only)
161. Write off a debt due to the Agency	190	$1,000,000	$250,000	$50,000	$10,000	$1,000
162. Waive Agency’s right to recover debt	191, 192, 194, 195	$1,000,000	$100,000	$10,000	$200	N/A
163 Waive Agency’s right to recover a small debt ($200)	193	$200	$200	$200	$200	N/A

FOI 25/26-0749

Abbreviations and References

APS Level

• CEO – Chief Executive Officer
• SES BAND 3 DCEO – Deputy Chief Executive Officer Refer to - Australian Public Service Commission Work level standards: SES
• SES BAND 3 COO – Chief Operating Officer Refer to - Australian Public Service Commission Work level standards: SES
• SES BAND 2 GM – General Manager Refer to - Australian Public Service Commission Work level standards: SES
• SES BAND 1 BM – Branch Manager and State Manager 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

Job title

• 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
• PSO – Participant Support Officer, also include:
  • APS6 PSO Supervisor
  • APS5 PSO Practice Lead