New NDIS Legislation Terminology
From 1st July 2022, the NDIA has introduced changes to the language used around a Participant’s plan. These changes have come into effect due to recent amendments to the NDIS Act. The NDIA’s purpose for these changes is to make it easier to discuss altering a Participant’s plan.
Plan reassessments have now replaced the phrase “plan review.” The previous approach to a “plan review” remains intact. Plan reassessments will generally be conducted before the end of a Participant’s plan. The phrase plan reassessment has replaced the language full plan review, scheduled or unscheduled review, change of circumstances review and S48 review. A plan reassessment can be requested at any point during a Participant’s plan. The NDIA is required to respond within 21 days (3 weeks) by either varying the plan, replacing the plan with a new plan, or deciding not to reassess the plan. A plan reassessment will generally be used to address significant changes to a plan and require a planning meeting.
If a plan reassessment has not been conducted or a new plan finalised, then the Participant’s plan will be automatically ‘varied’ to extend the plan for another 12 months. The purpose of this variation of a Participant’s plan is to ensure that there a no gap’s in a Participant’s services.
Plan variations enable the NDIA to make minor changes to a Participant’s plan without a full plan reassessment and the creation of a new plan. The NDIA’s purpose behind introducing plan variations is to ensure a Participant receives’ timely access to services to meet an emerging need. The NDIA will respond to a plan variation request within 21 days (3 weeks). If a Participant’s plan has been varied, the Participant or authorised Representative will receive a copy within 7 days.
To ensure a smooth introduction of plan variations from 1st July 2022, temporary measures will be in place for Participants who have their plans varied. Participants who have their plan varied will receive the following:
- A ‘new’ plan
- A new start date
- Funded supports adjusted in line with the reassessment date
- A new reassessment date
Internal review of decision:
The phrase “Internal review of decision” has replaced “review of reviewable decision (RORD)” and “S100 review”. Participants or authorised Representatives can ask for a review of decisions made by the NDIA. In addition to the language change, the NDIA must complete an internal review of the decision within 60 days (2 months). Furthermore, the NDIA is committed to giving reasons to each individual who is directly impacted by the decision. These changes simplify the language, increase transparency, and improve turnaround times for decisions.
Plan rollovers, Plan renewal or Plan continuation:
A plan rollover, renewal or continuation occurs when a Participant is due for a “Plan reassessment.” However, if a Participant or authorised Representative is satisfied with the current plan, they can request a plan rollover, renewal, or continuation. This means that a Participant may be able to receive a new plan with the same supports or a new plan with only minor alterations.
We understand that there have been a considerable number of changes in recent weeks. We genuinely care about the Participants we serve and their support networks. Our knowledgeable plan managers are available between 8.30 am – 7.00 pm AEST Monday to Friday. Our pocket-sized price guides have also been updated and are available both digitally and via hard copy.
For a digital pocket-sized price guide please click here.