Every person who accesses the NDIS scheme will receive an NDIS Plan [National Disability Insurance Scheme Act 2013 (Cth) s 32].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]. Every NDIS Plan will specify a date by which, or circumstances in which, the NDIA will review the Plan [s 33(2)(c); s 48(5)].
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 (2013 (Cth) specifically mandates that a participant’s NDIS Plan should clearly reflect the partiicpant's choice and control over the process [s 31].
The NDIA will determine what supports are reasonable and necessary to fund according to criteria contained in section 34 of the NDIS Act 2013 (Cth). 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:
- The participant;
- A registered plan management provider;
- The NDIA;
- A person nominated in the Plan.
See NDIS Act 2013 (Cth) s 42(2).
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.
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