Commonwealth Numbered Acts Commonwealth Numbered Acts(1) The Minister may, by legislative instrument, make rules called the National Disability Insurance Scheme rules prescribing matters:
(a) required or permitted by this Act to be prescribed by the National Disability Insurance Scheme rules; or
(b) necessary or convenient to be prescribed in order to carry out or give effect to this Act.
(2) Despite section 14 of the Legislative Instruments Act 2003 , National Disability Insurance Scheme rules may make provision for or in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.
(2A) The National Disability Insurance Scheme rules may provide for the CEO to issue a written assessment tool that the CEO is to use for the purposes of assessing a person for the purposes of this Act or the rules.
(3) When making National Disability Insurance Scheme rules, the Minister must have regard to the need to ensure the financial sustainability of the National Disability Insurance Scheme.
(4) The Minister must not make Category A National Disability Insurance Scheme rules unless the Commonwealth and each host jurisdiction have agreed to the making of the rules.
(5) The Minister must not make Category B National Disability Insurance Scheme rules relating to:
(a) an area, law or program of a host jurisdiction; or
(b) the commencement of the facilitation of the preparation of plans of participants who are identified (wholly or partly, and directly or indirectly) by reference to a host jurisdiction;
unless the host jurisdiction has agreed to the making of the rules.
(6) The Minister must not make Category C National Disability Insurance Scheme rules unless the Commonwealth and a majority of host jurisdictions have agreed to the making of the rules.
(7) The Minister must not make Category D National Disability Insurance Scheme rules unless each host jurisdiction has been consulted in relation to the making of the rules.
(8) The following table sets out the categories of National Disability Insurance Scheme rules for the purposes of this section.
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Categories of National Disability Insurance Scheme rules |
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Item |
Category of rules |
Description |
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1 |
Category A National Disability Insurance Scheme rules |
Rules made for the purposes of any of the following provisions: (a) section 17; (b) paragraph 23(1)(c), except to the extent that the rules are of a kind mentioned in subsection 23(3); (ba) section 25; (c) section 27; (d) section 33; (e) section 35; (ea) section 44; (eb) section 48; (f) section 66; (g) section 67; (ga) section 70; (gb) subparagraph 72(1)(c)(i); (gc) section 73; (h) section 74; (i) section 75; (j) section 76; (k) section 80; (l) section 88; (m) section 93. All other rules, except Category B National Disability Insurance Scheme rules, Category C National Disability Insurance Scheme rules and Category D National Disability Insurance Scheme rules |
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2 |
Category B National Disability Insurance Scheme rules |
Rules made for the purposes of any of the following provisions: (a) paragraph 21(2)(b); (b) section 22; (c) subsection 23(3); (ca) section 32; (d) section 58. |
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3 |
Category C National Disability Insurance Scheme rules |
Rules made for the purposes of any of the following provisions: (a) subsection 32A(4); (b) section 45; (c) section 204. |
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4 |
Category D National Disability Insurance Scheme rules |
Rules made for the purposes of any of the following provisions: (a) section 40; (d) section 46; (f) section 106; (g) section 107; (h) section 182; (i) section 194. |