NDIS: the most significant social reform since Medicare
As the rollout of the NDIS nears completion, insurers and defendants need to understand their obligations regarding Preliminary Notices and Recovery Notices as non-compliance is a criminal offence. Wotton + Kearney’s Hope Saloustros and Laura Jean consider these implications of the NDIS for insurers – as well as the reporting obligations and the NDIA’s broad powers to litigate common law claims in a person’s name.
AT A GLANCE
- The National Disability Insurance Scheme (NDIS) is a no-fault insurance scheme providing funding to people with disability and the National Disability Insurance Agency (NDIA) is responsible for administering the NDIS.
- The NDIA can issue Preliminary Notices and Recovery Notices on insurers and defendants. It is a criminal offence to pay compensation towards a settlement while those notices are in effect.
- Insurers and defendants also need to be aware of their reporting obligations and the NDIA’s broad powers, which include the power to litigate common law claims in a person’s name.
- Insurers and defendants need to carefully consider the application of the NDIS in structuring settlement agreements with NDIS participants and prospective participants.
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