دانلود کتاب The national disability insurance scheme handbook

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Cover Page
Full Title
Copyright
Preface
Table of Contents
PART A Introduction
Chapter 1 Background
Summary
Commentary
Introduction
Productivity Commission reference
Productivity Commission report
The legislation
Objects and principles
Provision of assistance by the Agency
Planned review
Legislation
Rules
Chapter 2 Launch
Summary
Commentary
Introduction
Launch Transition Agency
Launch sites
Legislation
Rules
PART B Eligibility
Chapter 3 Participant Eligibility — Age
Summary
Commentary
Legislation
Rules
Chapter 4 Participant Eligibility — Residence
Summary
Commentary
Introduction
Reside in Australia
Residence during the launch phase
Residence of children
Children
Continuing residence
Australian citizen
Permanent visa holder
Protected special category visa holder
Legislation
Rules
Chapter 5 Participant Eligibility — Disability or Early Intervention
Summary
Commentary
Introduction
Disability requirement
Permanent impairment
Substantially reduced functional capacity
Listed conditions
Early intervention requirements
Criteria to be applied for early intervention
Listed conditions
Legislation
Rules
Chapter 6 Participant Eligibility — Alternative Way
Summary
Commentary
Legislation
Rules
PART C Compensation
Chapter 7 Compensation Claims and Recoveries
Summary
Commentary
Introduction
Requirement to seek compensation
Taking reasonable action
The issue of a notice
Reasonable prospects of success
Personal injury compensation
Pre-existing agreements regarding compensation
Suspension of participant’s plan
Advice in anticipation of settlements
Pursuit of compensation by CEO
Potential for conflicts of interest
If compensation is recovered
The recoverable amount
Notices to compensation payers and insurers
Legislation
Rules
PART D Applications, Plans and Providers
Chapter 8 Applications
Summary
Commentary
Access requests
Further information
Extension of time frames during launch
Deciding whether a person meets the access criteria
When a person becomes a participant
If an access request is denied
Legislation
Rules
Chapter 9 Participants’ Plans, Supports and Funding
Summary
Commentary
Matters to be included in a participant’s plan
Approving a plan
Reasonable and necessary supports
Value for money
Effective and beneficial and good practice
Reasonable family, carer and other support
Supports appropriately funded or provided through the NDIS
Information and reports for preparing and approving plans
Needs assessment
The operational guidelines: Planning and Assessment — Assessment of Participant Needs
Supports that will not be funded
When a plan is in effect
Grace periods
Suspension of plans
Managing the funding for supports
Payment of NDIS amounts
Reviewing and changing plans
Legislation
Rules
Chapter 10 Supports Providers
Summary
Commentary
Introduction
Applying
Requirements
Revocation
Legislation
Rules
PART E Powers and Decisions
Chapter 11 CEO Enquiry Powers
Summary
Commentary
CEO appointment and general powers
CEO powers relevant to access requests
CEO powers relevant to participant supports
Powers to obtain information from participants and prospective participants
Powers to obtain information from other persons
Failure to comply
Funding for review of decisions
Legislation
Rules
Chapter 12 Review of Decisions
Summary
Commentary
Reviewable decisions
Notice must be given
Form of request for review
Implementation or variation of decision
Internal review mechanism
External review mechanism
Appeals to a court
Review and appeal costs
Legislation
Rules
AAT Practice Direction
PART F Privacy
Chapter 13 Privacy
Summary
Commentary
Introduction
Protected information
Recording and disclosure
Research, analysis and policy development
Offences
Protections
Disclosure by the CEO
Enforcement of laws
Mistake of fact
Ministerial briefing
Missing or deceased person
Agencies responsible for children
Interaction with other laws
Legislation
Rules
PART G Children and Nominees
Chapter 14 Children
Summary
Commentary
Introduction
Definitions and guiding principles
Children and parental responsibility
The ‘mature minor’
Duty to children
Revocation of determinations
Legislation
Rules
Chapter 15 Nominees
Summary
Commentary
Introduction
What is a nominee?
Appointment of a nominee
Duties of a nominee
Plan nominees
Correspondence nominees
Notices to nominees about the nominees’ capacity
Notices to nominees about disposal of NDIS amounts
Notices directed to participants, despite existence of nominee
Rights of nominees
Cancelling or suspending a nominee’s appointment
Liability
Legislation
Rules
PART H Exit
Chapter 16 Ceasing to Be a Participant and Revocation
Summary
Commentary
Introduction
Death and age
Revocation
Voluntary withdrawal
Suspension
Suspension — launch phase issues
Effect of suspension
Legislation
Rules
Appendix A
Appendix B
Index