Changes to the Act: Schedule 3 – The NDIS at full scheme
Schedule 3 of the National Disability Insurance Scheme Amendment (Participant Service Guarantee and Other Measures) Bill 2021 (the Bill) tidies up the National Disability Insurance Scheme Act 2013 (NDIS Act) and makes sure the law is up-to-date. As every state and territory is now in the NDIS, it means the legislative framework will be fit for full scheme.
It deletes references to things that have already happened, like the trial and transition phases of the NDIS rollout.
It deletes things that were about the transition period and are no longer relevant because the NDIS is available across all of Australia.
The changes in this part of the Bill will not impact people with disability.
Schedule 3 in detail
This Schedule gives effect to recommendation 27 of the 2019 review of the NDIS Act (the Tune review).
It will replace references to the ‘National Disability Insurance Scheme Launch Transition Agency’ with ‘National Disability Insurance Agency’, and the ‘National Disability Insurance Scheme Launch’ with the ‘National Disability Insurance Scheme’.
It will remove references to ‘participating jurisdiction’ and provide a definition of the term ‘host jurisdiction’, which is the term used in the NDIS Act in relation to all states and territories – excluding external territories such as Christmas, Norfolk and Cocos (Keeling) Islands. For the purpose of governance in the NDIS Act, ‘host jurisdiction’ is used to narrow the concept of territories to the Australian Capital Territory and Northern Territory.
Recognising that from 1 December 2020, the NDIS Quality and Safeguards Commission now operates nationally; Schedule 3 will remove the National Disability Insurance Agency’s (NDIA) responsibilities in relation to the registration of providers of supports.
The Schedule will also remove things that have already happened, such as the legislative provisions associated with the appointment of the first NDIA CEO, the initial reviewing actuary and the first review of the NDIS Act undertaken in 2015.
What you should read
You can read the following documents to understand Schedule 3:
If you want more information, you can also read the:
- NDIS Act review report for the full recommendations and the reasons for them
- Government’s response to the NDIS Act review report
- Easy Read summary of the report, recommendations and response
- Implementing the recommendations of the 2019 NDIS Act review
- Summary of the NDIS Bill and changes to NDIS Rules.
Have your say
You can have your say on Schedule 3 of the Bill by making a submission.