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5.1 Enabling legislation

The National Disability Insurance Agency (the Agency) is established under the National Disability Insurance Scheme Act 2013 (NDIS Act) to deliver the National Disability Insurance Scheme (NDIS or the Scheme). It is a corporate Commonwealth entity under the Public Governance, Performance and Accountability Act 2013 (PGPA Act).

The functions and powers of the Agency are prescribed by the NDIS Act. They include:

  • undertaking research relating to disabilities and supports
  • collecting, analysing and exchanging data about disabilities and supports
  • building community awareness of disabilities and the social contributors to disabilities
  • developing and enhancing the disability sector
  • managing, advising on and reporting on the financial sustainability of the Scheme
  • delivering the NDIS.

The NDIS Act (in conjunction with other laws) gives effect to Australia’s obligations under the United Nations Convention on the Rights of Persons with Disabilities, and its objectives include:

  • supporting people with disability to pursue their goals and maximise their independence and social and economic participation
  • developing the capacity of people with disability to participate in the community and in employment
  • providing reasonable and necessary supports, including early intervention supports, for participants
  • supporting people with disability to exercise choice and control in pursuit of their goals and in the planning and delivery of their supports
  • building a sustainable Scheme that is based on insurance principles
  • raising community awareness about the social and economic participation of people with disability and acting to increase their inclusion in the mainstream of Australian society.

The Agency is overseen by a Board, and is accountable as a corporate Commonwealth entity under the PGPA Act.

The Board is responsible for ensuring the proper, efficient and effective performance of the Agency functions, and for determining the objectives, strategies and policies to be followed by the Agency.