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National Disability
Insurance Scheme (Supports for Participants) Rules 2013 [F2013L01063]
Portfolio:
Social Services
Authorising
legislation: National Disability Insurance Scheme Act 2013
Last day to
disallow: 12 December 2013 (Senate)
Purpose
2.39 The National Disability Insurance Scheme Act 2013 (the Act) provides
for the making of participant plans, including the supports to be provided and
allows for the NDIS rules to prescribe additional matters or methods or
criteria to be applied in relation to making decisions about supports.
2.40 The National Disability Insurance Scheme (Supports for Participants)
Rules 2013 sets out the criteria and considerations the Chief Executive Officer
of DisabilityCare Australia (the CEO) is to use, in addition to considerations
set out in the Act, when assessing and determining reasonable and necessary
supports that will be funded or provided under the NDIS.
Background
2.41 The committee reported on the instrument in its First and Third
Reports of the 44th Parliament.
Committee view on compatibility
Rights of persons with disabilities
Access to legal services and to
effective independent review of adverse decisions
2.42 The committee recommended that the Department of Social Services closely
monitor the issues with a view to assessing whether the restrictive test for
the provision of legal services is appropriate to ensure the exercise by
persons with disability of their right to effective independent review of
decisions that adversely affect them.
Assistant Minister's response
The Australian Government welcomes this recommendation and
will monitor these issues with a view to assessing whether the provision of
legal services is appropriate to ensure the exercise by persons with disability
of their right to effective independent review of decisions that adversely
affect them.[1]
Committee response
2.43 The committee thanks the Assistant Minister for Social Services
for his response and has concluded its examination of this instrument.
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