National Disability Insurance Scheme Bill 2012
Submission Date: 25 January 2013
The Law Council of Australia provided a submission to the Senate Standing Committee on Community Affairs in response to its inquiry into the National Disability Insurance Scheme Bill 2012 (the NDIS Bill).
The Law Council generally supports the NDIS Bill, subject to the comments outlined below. The Law Council makes the following general comments in relation to the Bill:
- The Law Council considers that the criteria around eligibility, supports and other entitlements should be outlined in legislation, not rules or regulations that are subject to limited Parliamentary scrutiny;
- Definitions should be made clearer under the Bill, to ensure greater certainty and the long term viability of the NDIS;
- Although the Law Council supports the general principle of compensation recovery, the provisions in Chapter 5 of the Bill require redrafting; and
- The provisions relating to merits review, including internal review followed by a right of appeal to the Administrative Appeals Tribunal (AAT), represent best practice and are supported.
The Law Council has also identified a number of technical issues, which are outlined in the submission.
This submission has been prepared with the advice and support of the Law Council’s NDIS Working Group, comprised of legal experts in the fields of disability law and compensation schemes. The Law Council is very grateful to the Law Institute of Victoria and the Law Society of South Australia, which provided substantial contributions to this submission.
Last Updated on 28/04/2025
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