Source:  NDIS Act 2013

Division 1 – Principles relating to plans

The preparation, review and replacement of a participant’s plan, and the management of the funding for supports under a participant’s plan, should so far as reasonably practicable:
  • be individualised
  • be directed by the participant
  • where relevant, consider and respect the role of family, carers and other persons who are significant in the life of the participant
  • where possible, strengthen and build capacity of families and carers to support participants who are children
  • if the participant and the participant’s carers agree
    • strengthen and build the capacity of families and carers to support the participant in adult life
  • consider the availability to the participant of informal support and other support services generally available to any person in the community
  • support communities to respond to the individual goals and needs of participants
  • be underpinned by the right of the participant to exercise control over his or her own life
  • advance the inclusion and participation in the community of the participant with the aim of achieving his or her individual aspirations
  • maximise the choice and independence of the participant facilitate tailored and flexible responses to the individual goals and needs of the participant
  • provide the context for the provision of disability services to the participant and, where appropriate, coordinate the delivery of disability services where there is more than one disability service provider.
 
 

Division 2 — Preparing participants’ plans

Rules about preparation of plans:

  • CEO to commence facilitating the preparation of the plan of a participant
    • within a period prescribed by the rules; or
    • in circumstances prescribed by the rules.
    • whether the participant’s name is included on a prescribed waiting list;
    • whether the participant is receiving support from a prescribed service provider or under a prescribed program
    • whether, when the participant first made an access request, he or she was not receiving supports other than informal supports in relation to his or her disability;
    • the place of residence of the participant on a prescribed date or throughout a prescribed period;
    • whether, when the participant first made an access request, he or she had left, or was reasonably likely to leave, school at a prescribed time or during a prescribed period;
    • the participant’s age;
    • other matters

Matters that must be included in a participant’s plan

A participant’s plan must include a statement (the participant’s statement of goals and aspirations) prepared by the participant that specifies:
  • the goals, objectives and aspirations of the participant
  • the environmental and personal context of the participant’s living, including the participant’s:
    • living arrangements;
    • informal community supports and other community supports
    • social and economic participation
  • the general supports (if any) that will be provided to, or in relation to, the participant;
  • the reasonable and necessary supports (if any) that will be funded under the National Disability Insurance Scheme;
  • the date by which, or the circumstances in which, the Agency must review the plan under Division 4;
  • the management of the funding for supports under the plan the management of other aspects of the plan.
  • The supports that will be funded or provided under the National Disability Insurance Scheme may be specifically identified in the plan or described generally, whether by reference to a specified purpose or otherwise.
  • The CEO must endeavour to decide whether or not to approve the statement of participant supports as soon as reasonably practicable, including what is reasonably practicable having regard to section 36
  • In deciding whether or not to approve a statement of participant supports under subsection (2), the CEO must:
    • have regard to the participant’s statement of goals and aspirations
    • have regard to relevant assessments conducted in relation to the participant;
    • be satisfied as mentioned in section 34 in relation to the reasonable and necessary supports that will be funded and the general supports that will be provided;
    • apply the National Disability Insurance Scheme rules (if any) made for the purposes of section 35;
    • have regard to the principle that a participant should manage his or her plan to the extent that he or she wishes to do so;
    • have regard to the operation and effectiveness of any previous plans of the participant.
  • To the extent that the funding for supports under a participant’s plan is managed by the Agency, the plan must provide that the supports are to be provided only by:
    • for supports provided to a participant in a participating jurisdiction — a registered NDIS provider; or
    • otherwise — a registered provider of supports.
  • A participant’s plan may include additional matters, including such additional matters as are prescribed by the National Disability Insurance Scheme rules
  • participant’s statement of goals and aspirations need not be prepared by the participant in writing, but if it is prepared other than in writing, the Agency must record it in writing.
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