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Parts 4 and 5 of the Act include information about funding supports and services to people with disability. This is only short term, until the full roll out of the NDIS in NSW.
Part 4 of the Act allows the Minister to make disability service standards and accommodation standards for supported group accommodation and centre-based respite by regulation. Disability service standards are set out in Schedule 1 of the Disability Inclusion Regulation 2014. No accommodation standards have been made.
The Act required disability service providers, funded by the NSW Government, to comply with the disability service standards.
The NDIS Quality and Safeguards Commission now regulates the quality and safety of NDIS supports and services. This includes making sure all registered providers comply with the NDIS practice standards.
The disability service standards made under the Act are not required. They have been replaced by the NDIS practice standards.
The Secretary of the Department of Communities and Justice may provide services, supports and/or individualised funding to a person in the ‘target group’. This is part of Section 5 of the Act.
The Secretary may also provide funding to ‘eligible entities’. This is so they can provide supports or services to people in the ‘target group’. This is part of section 29 of the Act.
The definition of the ‘target group’ is based on the NDIS eligibility. It refers to a person who has a disability that:
‘Eligible entities’ include:
There are some conditions of funding for ‘eligible entities’. This is if they act as a quality control mechanism, or safeguard against poor service and abuse.
Under sections 33 and 34 of the Act, the Secretary can pause or stop funding.
This can also be known as suspension or termination of funding. Section 34 includes ending funding where the Secretary considers it is no longer required because of the NDIS rollout.8 Reviews of these decisions can be done by the NSW Civil and Administrative Tribunal.9
The NDIS replaced the administration and funding of disability supports and services by the NSW Government. This started on 1 July 2018, when the NDIS became fully operational in NSW.
The NDIS Quality and Safeguards Commission started on 1 July 2018. The commission replaces the interim system of safeguards set up under the Act.
For example, if a provider wants to register for the NDIS in NSW, they must do checks for their workers. These include nationally consistent worker screening checks.
These have been legislated in NSW under the new National Disability Insurance Scheme (Worker Checks) Act 2018 (NSW).10 Under the Worker Checks Act, any registered providers must do NDIS Worker Check clearances for their employees.
Question 12 is asking about the parts of the Act that set out requirements for service delivery. Given individual services are now delivered through the NDIS, do any parts of these sections need to be included in the new Act?
What, if any, role do Parts 4 and 5 of the Disability Inclusion Act 2014 play since the rollout of the NDIS in NSW? Are there any elements that should be retained, and if so, why?
8 Section 34(1)(b) of the Disability Inclusion Act 2014 (NSW).
9 Section 35 of the Disability Inclusion Act 2014 (NSW).
10 The National Disability Insurance Scheme (Worker Checks) Act 2018 (NSW) commenced on 28 November 2018.
09 Sep 2022
We acknowledge Aboriginal people as the First Nations Peoples of NSW and pay our respects to Elders past, present, and future.
Informed by lessons of the past, Department of Communities and Justice is improving how we work with Aboriginal people and communities. We listen and learn from the knowledge, strength and resilience of Stolen Generations Survivors, Aboriginal Elders and Aboriginal communities.
You can access our apology to the Stolen Generations.