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Question and Answer Tracking Details

4884 - NATIONAL DISABILITY INSURANCE SCHEME

Hornery, Sonia to the Minister for Family and Community Services, and Minister for Women representing the Minister for Ageing, Minister for Disability Services, and Minister for the Illawarra

Does the National Disability Insurance Scheme Act 2013 override the Disability Services Act 1993?

Answer -

The National Disability Insurance Scheme Act 2013 (the NDIS Act) is not intended to override the Disability Services Act 1993 (DSA).

The NDIS Act is intended to operate concurrently with state disability laws as outlined in section 207(1) of the Act. This section says that this Act is not to apply to the exclusion of a law of a State or Territory to the extent that that law is capable of operating concurrently with this Act.

In the event of an inconsistency between the two laws, the NDIS Act will override the DSA in accordance with section 109 of the Commonwealth Constitution.


Question asked on 12 November 2013 (session 55-1) and printed in Questions & Answers Paper No. 190
Answer received on 17 December 2013 and printed in Questions & Answers Paper No. 197