Operational Guideline – Access – Age Requirements
Legislation
1. Read s.22 of the National Disability Insurance Scheme Act 2013 (NDIS Act) and Part 3 of the National Disability Insurance Scheme (Becoming a Participant) Rules 2013 (Becoming a Participant Rule).
Age requirements
2. A person will meet the age requirements if they:
a. Are under 65 years of age when the access request is made, and
b. Where relevant, meet the additional age requirements specific to their launch site.
Under 65 years of age
3. A person does not meet the age requirements if they are 65 years of age or older when the access request is made. If, in fact, a person is 65 years of age when the access request is made, the delegate must decide that the person does not meet the access criteria.
See s.22 of the NDIS Act and Operational Guideline – General Conduct – Providing Assistance and Support.
4. A decision that the person does not meet the access criteria is a reviewable decision. The National Disability Insurance Agency (NDIA) must provide reasons for the decision to the person and tell them about their review rights.
See s.99(a) of the NDIS Act and Operational Guideline – Review of Decisions – Making Better Decisions.
Age requirements specific to launch sites
5. The Becoming a Participant Rules do not specify any additional age requirements if a person resides in either:
a. The Barwon launch site (comprising the four Victorian Local Government Areas of Colac-Otway Shire, City of Greater Geelong, Borough of Queenscliff, and Surf Coast Shire), or
b. The Hunter launch site (comprising the three New South Wales Local Government Areas of Lake Macquarie City, Maitland City, and Newcastle City), or
c. The Australian Capital Territory launch site, or
d. The Barkly region of the Northern Territory launch site.
See Part 3 of the Becoming a Participant Rules.
South Australia – age requirements
6. If a person resides in South Australia, whether a person meets the age requirements depends on the specific criteria in r.3.3 of the Becoming a Participant Rules. These criteria are:
a. If the access request is made and decided before 1 July 2014 - the person was under 6 years old on 1 July 2013 (this includes children born after 1 July 2013), or
b. If the access request is made before 1 July 2014 but decided on or after 1 July 2014 - the person was under 14 years old on 1 July 2014 (this includes children born after 1 July 2014), or
c. If the access request is made between 1 July 2014 and 30 June 2015 – the person was under 14 years old on 1 July 2014 (this includes children born after 1 July 2014), or
d. If the access request is made before 1 July 2015 but decided on or after 1 July 2015 - the person was under 15 years old on the date of the access request, or
e. If the access request is made on or after 1 July 2015 - the person was under 15 years old on the date of the access request.
See r.3.3 of the Becoming a Participant Rules.
Tasmania – age requirements
7. If a person resides in Tasmania, whether a person meets the age requirements depends on the specific criteria in r.3.4 of the Becoming a Participant Rules. These criteria are the person must be:
a. Aged at least 15, and under 25, on the date the access request was made, and
b. Aged under 25 on 1 July 2013.
See r.3.4 of the Becoming a Participant Rules .
Requesting information
8. The NDIA may request information reasonably necessary to decide whether a person meets the access criteria and also request the person to undergo an assessment or examination. Delegates are reminded that these powers are to be exercised carefully and in accordance with s.26 of the NDIS Act.
See s.26 of the NDIS Act.
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Operational Guideline – Access – Age Requirements (v 2.0)
Publication date: 16 January 2014