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What is an NDIS Plan?

Every person who accesses the NDIS scheme will receive an NDIS Plan [National Disability Insurance Scheme Act 2013 (Cth) ('NDIS Act') s 32]. From 8 April 2022, the NDIA must commence preparing a participant's Plan within 21 days of the person becoming a participant of the NDIS [s 32(1)-(2)]. This Plan identifies the reasonable services that the person requires to support their independence and social and economic participation, as well as their individual funding package [s 33].

The Plan is developed through consultation with the NDIS participant and/or their nominee(s) and should be individualised to their needs and aspirations [s 31]. It must comply with the National Disability Insurance Scheme Rules. Every NDIS Plan will specify a date by which, or circumstances in which, the NDIA will reassess the Plan [s 33(2)(c); s 48].

Every Plan must include the participant’s statement of goals and aspirations [s 33(1)(a)]. The types of supports and services offered must be considered in the context of the participant’s goals [s 33(5)(a)]. Section 31 of the NDIS Act specifically mandates that a participant’s NDIS Plan should clearly reflect the participant's choice and control over the process [s 31].

From 8 April 2022, the NDIA must approve a Plan within the period set in the NDIS Rules and if no Rules are prescribed, as soon as reasonably practicable [s 33(4)].

The NDIA will determine what supports are reasonable and necessary to fund according to criteria contained in section 34 of the NDIS Act. A support must meet all six criteria contained in section 34 for it to be considered reasonable and necessary and to be funded. For further information see What services and supports can be funded by the NDIA?

These supports will be set out in the Plan under separate funded support budgets. The Plan must identify who is responsible for managing the funded supports. The funding for the supports can be managed (wholly or to a specified extent) by [s 42(2)]:

  • the participant;
  • a registered plan management provider;
  • the NDIA;
  • a person nominated in the Plan.

Once the Plan is finalised, service providers can then be chosen to provide the funded services and supports. In most instances once a service provider is chosen, a written Service Agreement should be agreed upon and signed by the participant and the provider.

What is an NDIS Plan?  :  Last Revised: Wed May 4th 2022
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.