National Disability Insurance Scheme (Children) Rules 2013 (Cth)

National Disability Insurance Scheme (Children) Rules 2013

National Disability Insurance Scheme Act 2013 (the Act) The Act establishes the National Disability Insurance Scheme (the NDIS). People who are participants in the NDIS will be assisted to develop a personal, goal-based plan about how they will be provided with general supports and reasonable and necessary supports. The NDIS will respect the interests of people with disability in exercising choice and control about matters that affect them.

National Disability Insurance Scheme (Children) Rules 2013 These Rules are made for the purposes of sections 74, 75 and 76 of the Act. These Rules are about persons who are responsible for undertaking acts and making decisions on behalf of children (known as child's representatives).

These Rules commence on 1 July 2013.

The Hon Jenny Macklin MP Minister for Families, Community Services and Indigenous Affairs Minister for Disability Reform

18 June 2013

Contents

National Disability Insurance Scheme (Children) Rules 2013 Part 1 What these Rules are about Part 2 Outline of these Rules Part 3 Who is the child's representative? Part 4 Who has parental responsibility? Children who have guardians Children who do not have guardians Part 5 When a child does not need a child's representative Part 6 Duties of child's representatives Part 7 Other matters Citation Interpretation

Part 1 What these Rules are about 1.1 These Rules are about persons who are responsible for undertaking acts and making decisions in relation to the Act on behalf of a child (referred to as child's representatives in these Rules). 1.2 It is recognised (for example, in the Convention on the Rights of the Child) that a child's ability to undertake acts and make decisions on their own behalf increases as they develop. This principle is given effect by various provisions of the Act and these Rules that relate to child's representatives, including rules that require children to be consulted in relation to, and involved in, decision-making that affects them, and in the ability of the CEO to decide that a particular child does not need a child's representative (and to determine that the child will be able to undertake acts and make decisions on their own behalf). 1.3 The existence of a child's representative for the purposes of the Act does not affect duties or responsibilities of other carers who are responsible for undertaking acts and making decisions on behalf of children. 1.4 The Act sets out a number of principles for the NDIS. The following principles are particularly relevant to these Rules: (a) the role of families, carers and other significant persons in the lives of people with disability is to be acknowledged and respected; (b) where acts or things are done on behalf of a child with disability, the best interests of the child are paramount, and full consideration should be given to the need to: (i) protect them from harm; and (ii) promote their development; and (iii) strengthen, preserve and promote positive relationships between them and their parents, family members and other people who are significant in their life; (c) positive personal and social development of people with disability, including children and young people, is to be promoted; (d) where acts or things are done on behalf of a person with disability: (i) they should be involved in decision-making that affects them, including making decisions for themselves, to the extent possible; and (ii) they should be encouraged to engage in the life of the community; and (iii) the judgements and decisions they would have made for themselves should be taken into account; and (iv) their cultural and linguistic circumstances, and gender, should be taken into account; and (v) their supportive relationships, friendships and connections with others should be recognised.