Recently, The National Disability Insurance Scheme Amendment (Participant Service Guarantee and Other Measures) Act 2022 has passed in both houses of Parliament and received Royal Assent.
This blog summarises the key changes that have come into effect from 8th April 2022.
Greater accuracy and transparency
In 2019, the Tune Review made a variety of recommendations for legislative reforms within the NDIS. These latest amendments are made in response to this independent review and are designed to improve participants’ experiences with navigating the NDIS.
In April, new specific decision-making timeframes for the NDIA have been introduced. There is also greater transparency about how the NDIA will work with the participant.
Refer to the table below for a quick and simple summary of the changes and associated timeframes.
Participants applying for the NDIS have more time to provide relevant information to support their access request.
The minimum timeframe for providing information has been extended to 90 days.
Section 32(1), (2)
The NDIA must start preparing a new participants’ first plan within a specific timeframe.
Participants can be certain that the NDIA will start preparing their plan within 21 days of them becoming a participant.
The NDIA has a specific period within which it must approve a plan.
The NDIA have committed to approving plans within:
· 56 days (for participants aged 7+)
· 90 days (for participants under 7 years old).
Section 89(1), 89(3), 90(3)(a)
The NDIA must cancel the appointment of a plan nominee (when requested by a participant or their plan nominee) within a specific timeframe.
The appointment mist be cancelled within 14 days.
The NDIA must provide reasons for all reviewable decisions. Reviewable decisions are decisions that the NDIA reviews internally (e.g. whether a person is eligible for the NDIS).
The NDIA must provide reasons to every person directly affected by the decision.
The NDIA must complete an internal review within a specific timeframe.
All internal review decisions must be made within 60 days.
More to come! Keep an eye out for the second part of this blog, which will outline the legislative changes that will come into effect on 1 July 2022.