National Disability Insurance Scheme Act 2013

The objects of this Act are to:

in conjunction with other laws, give effect to Australia’s obligations under the Convention on the Rights of Persons with Disabilities done at New York on 13 December 2006 ([2008] ATS 12); and

provide for the National Disability Insurance Scheme in Australia; and

support the independence and social and economic participation of people with disability; and

provide reasonable and necessary supports, including early intervention supports, for participants in the National Disability Insurance Scheme; and

enable people with disability to exercise choice and control in the pursuit of their goals and the planning and delivery of their supports; and

facilitate the development of a nationally consistent approach to the access to, and the planning and funding of, supports for people with disability; and

promote the provision of high quality and innovative supports that enable people with disability to maximise independent lifestyles and full inclusion in the community; and

protect and prevent people with disability from experiencing harm arising from poor quality or unsafe supports or services provided under the National Disability Insurance Scheme; and

raise community awareness of the issues that affect the social and economic participation of people with disability, and facilitate greater community inclusion of people with disability; and

in conjunction with other laws, give effect to certain obligations that Australia has as a party to:

the International Covenant on Civil and Political Rights done at New York on 16 December 1966 ([1980] ATS 23); and

the International Covenant on Economic, Social and Cultural Rights done at New York on 16 December 1966 ([1976] ATS 5); and

the Convention on the Rights of the Child done at New York on 20 November 1989 ([1991] ATS 4); and

the Convention on the Elimination of All Forms of Discrimination Against Women done at New York on 18 December 1979 ([1983] ATS 9); and

the International Convention on the Elimination of All Forms of Racial Discrimination done at New York on 21 December 1965 ([1975] ATS 40).

In 2013, the text of a Convention or Covenant in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

These objects are to be achieved by:

providing the foundation for governments to work together to develop and implement the National Disability Insurance Scheme; and

adopting an insurance‑based approach, informed by actuarial analysis, to the provision and funding of supports for people with disability; and

establishing a national regulatory framework for persons and entities who provide supports and services to people with disability, including certain supports and services provided outside the National Disability Insurance Scheme.

In giving effect to the objects of the Act, regard is to be had to:

the need to ensure the financial sustainability of the National Disability Insurance Scheme; and

the broad context of disability reform provided for in:

disability strategies agreed to by the Commonwealth and each host jurisdiction from time to time; and

the Carer Recognition Act 2010; and

the provision of services by other agencies, Departments or organisations and the need for interaction between the provision of mainstream services and the provision of supports under the National Disability Insurance Scheme.

For subparagraph (c)(i), in 2024 the relevant strategy was Australia’s Disability Strategy 2021‑2031, accessible through the Department’s website.