Process for seeking agreement to certain Category A rules where no substantial financial or policy implications
209B Process for seeking agreement to certain Category A rules where no substantial financial or policy implications
This section applies if the Minister:
is proposing to make National Disability Insurance Scheme rules for the purposes of section 32K or 32L; and
considers that the rules do not have any substantial financial or policy implications for the National Disability Insurance Scheme.
The Minister may, instead of complying with subsection 209A(1):
give a notice in writing to the Disability Minister for each host jurisdiction that the Minister:
is proposing to make the rules; and
considers that the rules do not have any substantial financial or policy implications for the National Disability Insurance Scheme; and
provide a copy of the proposed rules to that Disability Minister.
The Disability Minister for a host jurisdiction may, before the end of 7 days after the day the notice is given, give the Minister and each other Disability Minister for a host jurisdiction a notice in writing that that host jurisdiction does not agree to the making of the rules.
A notice under subsection (3) must set out reasons why the host jurisdiction does not agree to the making of the rules.
Those reasons must be given having regard to:
the objects of this Act and the principles in section 4; and
whether the rules have any substantial financial or policy implications for the National Disability Insurance Scheme.
A notice under subsection (3) is taken:
never to have been given if it does not comply with subsection (4); and
not to have been invalidly given only because it does not comply with subsection (5).
If no Disability Minister for a host jurisdiction gives a notice under subsection (3) in relation to the rules, then each host jurisdiction is taken to have agreed to the making of the rules.
If the Disability Minister for a host jurisdiction gives the Minister a notice under subsection (3) before the end of the 7‑day period, the Minister may before the end of 7 days after the end of that period either:
do both of the following:
give a notice in writing to the Disability Minister for each host jurisdiction that the Minister is proposing to make a different version of the rules, if the Minister considers that the different version does not have any substantial financial or policy implications for the National Disability Insurance Scheme;
provide a copy of that different version to each of those Disability Ministers; or
if the Minister is of the opinion that the dispute resolution process set out in section 209C should apply in relation to the rules—give a notice in writing stating that opinion to the Prime Minister and to each Disability Minister for a host jurisdiction.
If the Minister gives notice, and provides a copy, of rules under paragraph (8)(a), then subsections (3) to (8) apply in relation to those rules as if notice of those rules had been given under paragraph (2)(a) and a copy of those rules had been provided under paragraph (2)(b).
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