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2022 - NDIS Ammendments - Commenced 1 July 2022

A number of changes came into effect on 1 July 2022. One key change relates to NDIS plans & variations.

Published:
Friday 1 July 2022 at 3:04 am

A number of changes came into effect on 1 July 2022. One key change relates to NDIS plans & variations.

When a NDIS participant and their authorised representative ask for a change to their NDIS plan, the Agency will be able to do this in some circumstances without having to replace the current plan with a new one. This is now called a plan variation.

For more information about plan variation - click here(opens in a new window)

Other changes to the NDIS Act that will start on 1 July include:

  • Recognising the importance of carers and family in the principles of the NDIS Act.
  • Adding lived experience of disability as a consideration for membership of the NDIS Board.
  • Clarifying that episodic and fluctuating impairments can be considered permanent when determining eligibility to the Scheme, including for people with psychosocial disability.
  • Putting risk assessments in place for participants who want to use a plan manager to purchase supports from unregistered providers.

A summary of the legislative change can be found below. 

 

Amendment

New legislation

Impact for participants

Section 4

The NDIS recognises the value of people with a disability in co-designing services and respects the relationship between people with a disability and their families and carers. The NDIA will also cultivate a diverse and sustainable market of service providers. 

Acknowledgement that people with a disability are central to improving the NDIS. The changes also recognise the importance of participants’ relationships with their families and carers, and offer greater choice and control for participants in obtaining disability supports.

Paragraph 5(d)

The NDIS acknowledges the diversity of bodies, genders and relationships.

People with a disability can express their gender, sex and sexual orientation without discrimination. 

Section 9A

The NDIA may create new forms to gather information that supports decision making and access to disability supports. All approved forms must be published on the NDIA website.

Provides clarity about the requirements of prospective and current participants when interacting with the NDIA. Access to forms online, and an additional function to upload documents will also improve the NDIS experience.

Paragraph 14(a)

Increased scope for the NDIA to invest in capacity building of mainstream services and community programs. This change helps establish more services and provisions for people with a disability and facilitates community integration.

Helps people with a disability to realise their potential for physical, social, emotional and intellectual development in their own communities. 

Subsection 14(2)

The NDIA may fund a person or entity to assist one or more participants to fully access supports.

Supports greater access to services where environmental or market barriers exist for people with a disability.

Subsection 14(2)(b)

The NDIA may fund early intervention supports for children under seven years of age before their plan comes into effect.

Faster access to approved early intervention supports for children under seven prior to starting their NDIS plan.

Sections 24, 25

Updates to the Act to reflect the episodic or fluctuating nature of some disabilities, which may be considered as permanent in relation to eligibility for the NDIS.

Clearer guidance for the NDIA in considering whether an impairment is permanent, recognising that some conditions (including psychosocial disability) may be episodic or fluctuating.

Sections 43, 44

Additional risk assessments are required for participants whose plans are managed by a registered provider or nominee. This is consistent with the requirements for self-managed participants.

Consistency and protections for participants who use a registered plan management provider to purchase services from unregistered providers.

Section 45

New provisions clarify how payments are made under the NDIS, and include the ability for the NDIA to directly pay service providers on behalf of participants.

Simplified payments for participants will reduce administrative and financial burden for participants who want to use this option. 

Section 47A

The NDIA can vary a participant’s plan, on the CEO’s initiative or at the participant’s request. The conditions that the NDIA may vary the plan is limited to conditions prescribed in the Act.

Timely access to services in order to meet emerging participant’s need.

Sections 48, 49

The term ‘reassessment’ will replace ‘review’ for the purpose of reassessing a plan. An internal review of decisions at the request of a participant will continue to use the word ‘review’.

Reduce confusion around the use of the term ‘review’ within the Scheme.

Section 90(3A)

The NDIA can cancel the appointment of a nominee on behalf of a participant, if the nominee is no longer a legal guardian of the participant or no longer has the power to make decisions for the participant.

Upholds a participant’s rights to make decisions by enabling the NDIA to remove substitute decision making appointments (nominees) which are no longer relevant.

Sections 101, 103

Where a review of a plan is sought, the reviewer must consider the original decision and any variation to, or replacement of the original decision. This ensures anybody reviewing a decision on its merits, including the AAT, takes into account decisions made about a participant’s plan while the review is underway.

Certainty that a decision about a participant’s plan will consider the most up-to-date plan.
This applies to reviews that were requested after 1 July.

Subsection 127(2)

The NDIA Board must consider a person with a disability or lived experience of disability when appointing a member of the Board.

Confirm in legislation a greater representation of disability at the NDIA and strengthened person-centred focus of the NDIS.

Subsection 147(3)

The appointment of a Principal Member to the Independent Advisory Council must also be a member of the NDIA Board.

Confirm in legislation a greater representation of disability at the NDIA and strengthened person-centred focus of the NDIS.

Paragraph 174(1)(b)

An extension of time for when the NDIA Board must report to the Ministerial Council, from 1 month to 42 days, and this must include information as requested by the Minister.

More transparency about the operations of the NDIA Board.

 

Updated