Legislation

The NDIS Act

The National Disability Insurance Scheme Act 2013 (NDIS Act) is the legislation which establishes:

  • The National Disability Insurance Scheme, and
  • The National Disability Insurance Scheme Launch Transition Agency (known as the National Disability Insurance Agency or NDIA).

Among other things, the NDIS sets out:

  • The objects and principles under which the NDIS will operate
  • How a person can become a participant in the NDIS
  • How a participant’s individual, goal-based plan is prepared and reviewed, including how the NDIA approves the funding of reasonable and necessary supports
  • How a provider can become a registered provider of supports
  • The governance arrangements for the NDIA, including its CEO, Board, Independent Advisory Council, and Actuaries
  • A process for internal and external review of certain decisions made under the NDIS Act.

As required under Section 208 of the NDIS Act, the Australian Government commissioned an independent review of the NDIS Act, which was conducted by Ernst & Young (EY) between September and December 2015.

The NDIS Rules

The NDIS Rules are legislative instruments made under the NDIS Act.

They set out more the more detailed operation of the NDIS and accompany - and should be read in conjunction with - the NDIS Act.

The full set of NDIS Rules can be accessed here.

Among others, there are NDIS Rules on: