National Disability Insurance Scheme (NSW Enabling) Act 2013 (NSW)

National Disability Insurance Scheme (NSW Enabling) Act 2013 No 104

An Act to provide for the transfer of the disability services assets of the State in connection with the National Disability Insurance Scheme of the Commonwealth; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the National Disability Insurance Scheme (NSW Enabling) Act 2013.

2 Commencement This Act commences on the date of assent to this Act.

3 Objects The objects of this Act are as follows— (a) to ensure that implementation of the National Disability Insurance Scheme of the Commonwealth is managed in a way that promotes service continuity for people receiving disability services and community care supports, (b) to provide arrangements for the transfer of staff to promote retention of a skilled disability services workforce and continuity of services, (c) to provide for the transfer of disability services assets to maximise the capacity of the disability services sector and ensure continuity of service while achieving value for the State.

4 Interpretation—key definitions

Note— Schedule 1 contains other interpretative provisions. In this Act— authorised implementation means a transfer of disability services assets authorised by section 5. disability services agency means a public sector agency of the State in which disability services assets are vested. disability services assets means assets, rights and liabilities of a public sector agency of the State that are assets, rights and liabilities of the public sector agency in connection with the exercise of disability services functions by the public sector agency or another public sector agency of the State. disability services employee means a person employed in a public sector agency of the State who is engaged in the exercise of disability services functions. disability services functions means functions under disability services legislation and functions exercised in the course of or in connection with the administration or execution of disability services legislation. disability services legislation means the following Acts and the regulations or other instruments under those Acts— (a) Disability Inclusion Act 2014, (b) Community Welfare Act 1987, (c) Home Care Service Act 1988, (d) any other Act prescribed by the regulations for the purposes of this definition. NDIS arrangements means any agreement, understanding or other arrangement entered into by the State with the Commonwealth in connection with the operation of the National Disability Insurance Scheme of the Commonwealth.