Common use of Ministerial Council Clause in Contracts

Ministerial Council. The NDIS is established by the NDIS Act and as outlined in Part 5 of the NDIS Act the NDIS is overseen by a Ministerial Council. The NDIS Act also defines the Ministerial Council as being designated by COAG as having responsibility for the NDIS, and is subject to COAG guidance for Ministerial Councils. The Ministerial Council consists of the Commonwealth and all states and territories, and currently comprises Ministers with responsibility for disability and Treasury portfolios. The Ministerial Council is supported by a Senior Officials Working Group (SOWG), chaired by the Commonwealth. Representatives from the NDIA and the NDIS Commission will attend Ministerial Council and SOWG meetings as required. Under the NDIS Act, the Ministerial Council may make recommendations to COAG about NDIS policy matters or issues that arise under the NDIS Act or that respond to a scheduled review of the operation of the NDIS Act. The Ministerial Council provides an annual report to COAG and other reports as requested. Working with the National Disability Insurance Agency The NDIA is an independent statutory agency, whose role, as set out in the NDIS Act, is to deliver the NDIS and manage the financial sustainability of the NDIS, and to develop the sector, build community awareness and undertake data collection and research relating to disabilities. The Parties may work with the NDIA to consider and resolve bilateral matters relating to the operation of the NDIS. This will be supported by agreed local and state-level governance arrangements which bring together the relevant parties and the NDIA. Unresolved matters could be escalated to the relevant Ministers or First Ministers, or where they have multilateral relevance, the Ministerial Council – or relevant officials’ bodies. Under the NDIS Act, the Commonwealth Minister, as chair of the Ministerial Council and with all state and territory agreement, can: give directions, by legislative instrument, to the NDIA about the performance of its functions; and provide strategic guidance to the NDIA Board. Working with the National Quality and Safeguards Commission The NDIS Commission is an independent statutory agency, whose role, as set out in the NDIS Act, is to provide functions relating to the quality and safety of services provided to people with disability, register and oversee the operation of NDIS providers and manage and resolve complaints about NDIS providers. The Parties may work with the NDIS Commission to consider and resolve bilateral matters relating to the operation of the NDIS. This may be supported by agreed governance arrangements which bring together the relevant parties and the NDIS Commission. Unresolved matters could be escalated to the relevant Ministers or First Ministers, or where they have multilateral relevance, the Ministerial Council – or relevant officials’ bodies. Consultation processes on the NDIS Act and legislative instruments Where consultation is required in relation to a proposed change to the NDIS Act, or a new or existing instrument made under it, the following process will be followed: contact at officer level between the Commonwealth and affected jurisdictions; SOWG consideration of a proposed multilateral change; if there is an unintended impact on a jurisdiction the Commonwealth should be notified within 14 calendar days of SOWG consideration; where there is an unintended impact, the Commonwealth will work with that jurisdiction to remove or minimise it; if the process outlined in (c) or (d) above occurs and it results in redrafting, the Commonwealth will recirculate the proposed change to SOWG for agreement within five working days; the process outlined in (c), (d) and (e) above may occur more than once; if there is no unintended impact notified under (c) above or, where there is such an impact, when the process in (c) (d) and (e) above has occurred, the Commonwealth Minister or, where delegated, the NDIS Commissioner, will write to jurisdictional Ministers about the proposed change and request a response within 28 calendar days of the letter being sent; and the Commonwealth Minister, or NDIS Commissioner, will not make the proposed change before the 28 calendar days in (g) above has expired. Where a proposed change to the NDIS Act, or an instrument made under it, requires formal agreement of a jurisdiction, a majority of jurisdictions, or all jurisdictions: the processes outlined in 25(a) to (h) will be followed; and if a jurisdiction has not responded within the 28 calendar day period indicated in the Commonwealth Minister’s or NDIS Commissioner’s letter, the jurisdiction is deemed to have agreed the proposed change; unless the jurisdiction has notified the Commonwealth in writing within the 28 calendar day period that its formal agreement requires a formal decision, in which case; the notification by the jurisdiction in writing includes the date by which the decision will be made; the notified decision date in (i) above is within 90 calendar days since the date the Commonwealth Minister’s or NDIS Commissioner’s letter was sent; the jurisdiction notifies the Commonwealth of its decision within two working days of this specified date; and if the Commonwealth has not been notified of the decision, within two working days of the notified date, the jurisdiction will be deemed to have agreed.

Ministerial Council. The NDIS is established by the NDIS Act and as outlined in Part 5 of the NDIS Act the NDIS is overseen by a Ministerial Council. The NDIS Act also defines the Ministerial Council as being designated by COAG as having responsibility for the NDIS, and is as being subject to COAG guidance for Ministerial Councils. The Ministerial Council consists of the Commonwealth and all states and territories, and currently comprises Ministers with responsibility for disability and Treasury portfolios. The Ministerial Council is supported by a Senior Officials Working Group (SOWG), chaired by the Commonwealth. Representatives from the NDIA and the NDIS Commission will attend Ministerial Council and SOWG meetings as required. Under the NDIS Act, the Ministerial Council may make recommendations to COAG about NDIS policy matters or issues that arise under the NDIS Act or that respond to a scheduled review of the operation of the NDIS Act. The Ministerial Council provides an annual report to lo COAG and other reports as requested. Working with the National Disability Insurance Agency The NDIA NOIA is an independent statutory agency, whose role, as set out in the NDIS Act, is to deliver the NDIS and manage the financial sustainability of the NDIS, and to develop the sector, build community awareness and undertake data collection and research relating to disabilities. The Parties may work with the NDIA to consider and resolve bilateral matters relating to the operation of the NDIS. This will be supported by agreed local and state-level governance arrangements which bring together the relevant parties and the NDIA. Unresolved matters could be escalated to the relevant Ministers or First Ministers, or where they have multilateral relevance, the Ministerial Council – - or relevant officials’ ' bodies. The Parties will establish governance arrangements for oversight of the NDIS in Victoria from 1 July 2019, as outlined in the Tripartite Agreement Governing Operating Protocols for the NDIS between the NDIA, the Victorian Government and the Commonwealth Government. The Parties agree to the establishment of a Victorian Executive Steering Committee (ESC). The Parties agree the Victorian ESC should comprise senior representatives from Commonwealth and Victorian agencies and the NOIA. The Parties agree to the establishment of a Victorian NDIS Community Advisory Council as set out in the Tripartite Agreement Governing Operating Protocols for the NDIS between the NDIA, the Victorian Government and the Commonwealth Government. The Parties agree to review and assess the operation of the Tripartite Agreement Governing Operating Protocols for the NDIS between the NDIA, the Victorian Government and the Commonwealth Government biannually, with the first review to commence no later than June 2021. Under the NDIS Act, the Commonwealth Minister, as chair of the Ministerial Council and with all state states' and territory territories' agreement, can: give directions, by legislative instrument, to the NDIA about the performance of its functions; and provide strategic guidance to the NDIA Board. Working with the National NDIS Quality and Safeguards Commission The NDIS NOIS Commission is an independent statutory agency, whose role, as set out in the NDIS Act, is to provide functions relating to the quality and safety of services provided to people with disability, register and oversee the operation of NDIS providers and manage and resolve complaints about NDIS providers. The Parties may work with the NDIS Commission to consider and resolve bilateral matters relating to the operation of the NDIS. This may be supported by agreed governance arrangements which bring together the relevant parties and the NDIS Commission. Unresolved matters could be escalated to the relevant Ministers or First Ministers, or where they have multilateral relevance, the Ministerial Council – - or relevant officials’ ' bodies. Consultation processes on the NDIS Act and legislative instruments Where consultation is required in relation to a proposed change to the NDIS Act, or a new or existing instrument made under it, the following process will be followed: contact at officer level between the Commonwealth and affected jurisdictions; SOWG consideration of a proposed multilateral change; if there is an unintended impact on a jurisdiction the Commonwealth should be notified within 14 calendar days of SOWG consideration; where there is an unintended impact, the Commonwealth will work with that jurisdiction to remove or minimise it; if the process outlined in (c) or (d) above occurs and it results in redrafting, the Commonwealth will recirculate the proposed change to SOWG for agreement within five working days; the process outlined in (c), (d) and (e) above may occur more than once; if there is no unintended impact notified under (c) above or, where there is such an impact, when the process in (c) (d) and (e) above has occurred, the Commonwealth Minister or, where delegated, the NDIS Commissioner, will write to jurisdictional Ministers about the proposed change and request a response within 28 calendar days of the letter being sent; and the Commonwealth Minister, or NDIS Commissioner, will not make the proposed change before the 28 calendar days in (g) above has expired. Where a proposed change to the NDIS Act, or an instrument made under it, requires formal agreement of a jurisdiction, a majority of jurisdictions, or all jurisdictions: the processes outlined in 25(a29(a) to (h) will be followed; and if a jurisdiction has not responded within the 28 calendar day period indicated in the Commonwealth Minister’s 's or NDIS Commissioner’s 's letter, the jurisdiction is deemed to have agreed the proposed change; unless the jurisdiction has notified the Commonwealth in writing within the 28 calendar day period that its formal agreement requires a formal decision, in which case; : the notification by the jurisdiction in writing includes the date by which the decision will be made; the notified decision date in (i) above is within 90 calendar days since the date the Commonwealth Minister’s 's or NDIS Commissioner’s 's letter was sent; the jurisdiction notifies the Commonwealth of its decision within two working days of this specified date; and if the Commonwealth has not been notified of the decision, within two working days of the notified date, the jurisdiction will be deemed to have agreed.

Ministerial Council. The NDIS Ministerial Council responsible for this Agreement is established by the NDIS Act and as outlined in Part 5 Council comprising Ministers of each jurisdiction who are responsible for the objectives of the NDIS Act Scheme. Functions In relation to the NDIS is overseen by a Ministerial Council. The NDIS Act also defines Scheme, the Ministerial Council as being designated has the functions conferred on it by COAG as having responsibility for the NDISCOAG, this Agreement and is subject to COAG guidance for Ministerial Councils. The Ministerial Council consists of the Commonwealth and all states and territories, and currently comprises Ministers with responsibility for disability and Treasury portfoliosAct. The Ministerial Council is supported by a Senior Officials Working Group (SOWG)responsible for policy, chaired planning and implementation of the Scheme including: high-level policy matters, such as major changes to the objectives of the Scheme, and proposed amendments to this Agreement; policy development for, and approval of, new or revised GEMS requirements, and timing for their introduction; long-term strategies for particular product types to be covered by the Commonwealth. Representatives from the NDIA Scheme; forward work plans and the NDIS Commission will attend Ministerial Council and SOWG meetings as required. Under the NDIS Act, the Ministerial Council may make recommendations to COAG about NDIS policy matters or issues that arise under the NDIS Act or that respond to a scheduled review reviews of the operation of the NDIS ActScheme; and approving decisions on budget matters. The Ministerial Council provides an annual report is also responsible for approving proposed amendments to COAG and other reports as requested. Working with the National Disability Insurance Agency The NDIA is an independent statutory agency, whose role, as set out in the NDIS Act, is to deliver the NDIS and manage the financial sustainability of the NDIS, and to develop the sector, build community awareness and undertake data collection and research relating to disabilities. The Parties may work with the NDIA to consider and resolve bilateral matters legislation relating to the operation Scheme. Apart from clause 13, nothing in this Agreement affects the Ministerial Council’s ability to delegate these or other functions related to the management of the NDISScheme. This Decision-making arrangements for matters under this Agreement Decisions will generally be supported made by agreed local and state-level governance arrangements which bring together the relevant parties and the NDIA. Unresolved matters could be escalated to the relevant Ministers or First Ministers, or where they have multilateral relevance, the Ministerial Council – or relevant officials’ bodiesby consensus, in accordance with the Handbook for COAG Councils. Under the NDIS ActAll jurisdictions agree to use every effort to ensure a consensus-based decision-making process. Notwithstanding clause 8, the Commonwealth Minister, as chair Parties agree that decisions on the following matters must be made by way of the Ministerial Council and with all state and territory agreement, cana resolution: give directions, by legislative instrument, consent to the NDIA about content of new or revised GEMS requirements, including jurisdiction‑specific GEMS requirements; budget matters; any other matters for which the performance Commonwealth Act requires the consent of its functionsparticipating jurisdictions; and provide strategic guidance any amendment to the NDIA Board. Working with the National Quality and Safeguards Commission The NDIS Commission is an independent statutory agency, whose role, as set out in the NDIS Act, is to provide functions legislation relating to the quality Scheme, other than amendments contained in a Statute Law Revision; and safety any other matters that the Parties agree in writing will be subject to a resolution. All Parties agree that reasonable notice of services amendments must be provided when seeking the Ministerial Council’s approval, and in the case of a Xxxx or subordinate legislation, before that Xxxx is introduced into Parliament or subordinate legislation is submitted to people with disability, register and oversee the operation of NDIS providers and manage and resolve complaints about NDIS providersExecutive Council for approval. The Parties may work with Ministerial Council cannot delegate the NDIS Commission granting of approval to consider and resolve bilateral matters amendments to legislation relating to the operation of the NDISScheme. This may be supported by agreed governance arrangements which bring together the relevant parties and the NDIS Commission. Unresolved matters could be escalated to the relevant Ministers or First Ministers, or where they have multilateral relevance, the Ministerial Council – or relevant officials’ bodies. Consultation processes on the NDIS Act and legislative instruments Where consultation is required in relation to a proposed change to the NDIS Act, or a new or existing instrument made under it, the following process will be followed: contact at officer level between the Commonwealth and affected jurisdictions; SOWG consideration of a proposed multilateral change; if there is an unintended impact on a jurisdiction the Commonwealth should be notified within 14 calendar days of SOWG consideration; where there is an unintended impact, the Commonwealth will work with that jurisdiction to remove or minimise it; if the process outlined in (c) or (d) above occurs and it results in redrafting, the Commonwealth will recirculate the proposed change to SOWG for agreement within five working days; the process outlined in (c), (d) and (e) above may occur more than once; if there is no unintended impact notified under (c) above or, where there is such an impact, when the process in (c) (d) and (e) above has occurred, the Commonwealth Minister or, where delegated, the NDIS Commissioner, will write to jurisdictional Ministers about the proposed change and request a response within 28 calendar days of the letter being sent; and the Commonwealth Minister, or NDIS Commissioner, will not make the proposed change before the 28 calendar days in (g) above has expired. Where a proposed change to the NDIS Act, or an instrument made under it, requires formal agreement of a jurisdiction, a majority of jurisdictions, or all jurisdictions: the processes outlined in 25(a) to (h) will be followed; and if a Each participating jurisdiction has not responded within the 28 calendar day period indicated in the Commonwealth Minister’s or NDIS Commissioner’s letter, the jurisdiction is deemed one vote to have agreed the proposed change; unless the jurisdiction has notified the Commonwealth in writing within the 28 calendar day period that its formal agreement requires a formal decision, in which case; the notification by the jurisdiction in writing includes the date by which the decision will be made; the notified decision date in (i) above is within 90 calendar days since the date the Commonwealth Minister’s or NDIS Commissioner’s letter was sent; the jurisdiction notifies the Commonwealth of its decision within two working days of this specified date; and if the Commonwealth has not been notified of the decision, within two working days of the notified date, the jurisdiction will be deemed to have agreedcast on each resolution.

Ministerial Council. The NDIS is established by the NDIS Act and as outlined in Part 5 of the NDIS Act the NDIS is overseen by a Ministerial Council. The NDIS Act also defines the Ministerial Council as being designated by COAG as having responsibility for the NDIS, and is as being subject to COAG guidance for Ministerial Councils. The Ministerial Council consists of the Commonwealth and all states and territories, and currently comprises Ministers with responsibility for disability and Treasury portfolios. The Ministerial Council is supported by a Senior Officials Working Group (SOWG), chaired by the Commonwealth. Representatives from the NDIA and the NDIS Commission will attend Ministerial Council and SOWG meetings as required. Under the NDIS Act, the Ministerial Council may make recommendations to COAG about NDIS policy matters or issues that arise under the NDIS Act or that respond to a scheduled review of the operation of the NDIS Act. The Ministerial Council provides an annual report to COAG and other reports as requested. Working with the National Disability Insurance Agency The NDIA is an independent statutory agency, whose role, as set out in the NDIS Act, is to deliver the NDIS and manage the financial sustainability of the NDIS, and to develop the sector, build community awareness and undertake data collection and research relating to disabilities. The Parties will work collaboratively with the NDIA to support it to undertake its role in South Australia, and will use available mechanisms to formalise collaboration between the NDIA and the Parties. The Parties may work with the NDIA to consider and resolve bilateral matters relating to the operation of the NDIS. This will be supported by agreed local and state-level governance arrangements which bring together the relevant parties and the NDIA. Unresolved matters could be escalated to the relevant Ministers or First Ministers, or where they have multilateral relevance, the Ministerial Council – or relevant officials’ bodies. Under the NDIS Act, the Commonwealth Minister, as chair of the Ministerial Council and with all state states’ and territory territories’ agreement, can: give directions, by legislative instrument, to the NDIA about the performance of its functions; and provide strategic guidance to the NDIA Board. Working with the National NDIS Quality and Safeguards Commission The NDIS Commission is an independent statutory agency, whose role, as set out in the NDIS Act, is to provide functions relating to the quality and safety of services provided to people with disability, register and oversee the operation of NDIS providers and manage and resolve complaints about NDIS providers. The Parties may work with the NDIS Commission to consider and resolve bilateral matters relating to the operation of the NDIS. This may be supported by agreed governance arrangements which bring together the relevant parties and the NDIS Commission. Unresolved matters could be escalated to the relevant Ministers or First Ministers, or where they have multilateral relevance, the Ministerial Council – or relevant officials’ bodies. Consultation processes on the NDIS Act and legislative instruments Where consultation is required in relation to a proposed change to the NDIS Act, or a new or existing instrument made under it, the following process will be followed: contact at officer level between the Commonwealth and affected jurisdictions; SOWG consideration of a proposed multilateral change; if there is an unintended impact on a jurisdiction the Commonwealth should be notified within 14 calendar days of SOWG consideration; where there is an unintended impact, the Commonwealth will work with that jurisdiction to remove or minimise it; if the process outlined in (c) or (d) above occurs and it results in redrafting, the Commonwealth will recirculate the proposed change to SOWG for agreement within five working days; the process outlined in (c), (d) and (e) above may occur more than once; if there is no unintended impact notified under (c) above or, where there is such an impact, when the process in (c) (d) and (e) above has occurred, the Commonwealth Minister or, where delegated, the NDIS Commissioner, will write to jurisdictional Ministers about the proposed change and request a response within 28 calendar days of the letter being sent; and the Commonwealth Minister, Minister or NDIS Commissioner, Commissioner will not make the proposed change before the 28 calendar days in (g) above has expired. Where a proposed change to the NDIS Act, or an a new or existing instrument made under it, requires formal agreement of a jurisdiction, a majority of jurisdictions, or all jurisdictions: the processes outlined in 25(a) to (h) will be followed; and if a jurisdiction has not responded within the 28 calendar day period indicated in the Commonwealth Minister’s or NDIS Commissioner’s letter, the jurisdiction is deemed to have agreed the proposed changeproposal; unless the jurisdiction has notified the Commonwealth in writing within the 28 calendar day period that its formal agreement requires a formal decision, in which case; the notification by the jurisdiction in writing includes the date by which the decision will be made; the notified decision date in (i) above is within 90 calendar days since the date the Commonwealth Minister’s or NDIS Commissioner’s letter was sent; the jurisdiction notifies the Commonwealth of its decision within two working days of this specified date; and if the Commonwealth has not been notified of the decision, within two working days of the notified date, the jurisdiction will be deemed to have agreed.

Ministerial Council. The NDIS is established by the NDIS Act and as outlined in Part 5 of the NDIS Act the NDIS is overseen by a Ministerial Council. The NDIS Act also defines the Ministerial Council as being designated by COAG as having responsibility for the NDIS, and is as being subject to COAG guidance for Ministerial Councils. The Ministerial Council consists of the Commonwealth and all states and territories, and currently comprises Ministers with responsibility for disability Disability and Treasury portfolios. The Ministerial Council is supported by a Senior Officials Working Group (SOWG), chaired by the Commonwealth. Representatives from the NDIA and the NDIS Commission will attend Ministerial Council and SOWG meetings as required. Under the NDIS Act, the Ministerial Council may make recommendations to COAG about NDIS policy matters or issues that arise under the NDIS Act or that respond to a scheduled review of the operation of the NDIS Act. The Ministerial Council provides an annual report to COAG and other reports as requested. Working with the National Disability Insurance Agency The NDIA is an independent statutory agency, whose role, as set out in the NDIS Act, is to deliver the NDIS and manage the financial sustainability of the NDIS, and to develop the sector, build community awareness and undertake data collection and research relating to disabilities. The Parties may work with the NDIA to consider and resolve bilateral matters relating to the operation of the NDIS. This will be supported by agreed local and state-level governance arrangements which bring together the relevant parties and the NDIA. Unresolved matters could be escalated to the relevant Ministers or First Ministers, or where they have multilateral relevance, the Ministerial Council – or relevant officials’ bodies. Under the NDIS Act, the Commonwealth Minister, as chair of the Ministerial Council and with all state states’ and territory territories’ agreement, can: give directions, by legislative instrument, to the NDIA about the performance of its functions; and provide strategic guidance to the NDIA Board. Working with the National NDIS Quality and Safeguards Commission The NDIS Commission is an independent statutory agency, whose role, as set out in the NDIS Act, is to provide functions relating to the quality and safety of services provided to people with disability, register and oversee the operation of NDIS providers and manage and resolve complaints about NDIS providers. The Parties may work with the NDIS Commission to consider and resolve bilateral matters relating to the operation of the NDIS. This may be supported by agreed governance arrangements which bring together the relevant parties and the NDIS Commission. Unresolved matters could be escalated to the relevant Ministers or First Ministers, or where they have multilateral relevance, the Ministerial Council – or relevant officials’ bodies. Consultation processes on the NDIS Act and legislative instruments Where consultation is required in relation to a proposed change to the NDIS Act, or a new or existing instrument made under it, the following process will be followed: contact at officer level between the Commonwealth and affected jurisdictions; SOWG consideration of a proposed multilateral change; if there is an unintended impact on a jurisdiction jurisdiction, the Commonwealth should be notified within 14 calendar days of SOWG consideration; where there is an unintended impact, the Commonwealth will work with that jurisdiction to remove or minimise it; if the process outlined in (c) or (d) above occurs and it results in redrafting, the Commonwealth will recirculate the proposed change to SOWG for agreement within five working days; the process outlined in (c), (d) and (e) above may occur more than once; if there is no unintended impact notified under (c) above or, where there is such an impact, when the process in (c) ), (d) and (e) above has occurred, the Commonwealth Minister or, where delegated, the NDIS Commissioner, will write to jurisdictional Ministers about the proposed change and request a response within 28 calendar days of the letter being sent; and the Commonwealth Minister, or NDIS Commissioner, will not make the proposed change before the 28 calendar days in (g) above has expired. Where a proposed change to the NDIS Act, or an instrument made under it, requires formal agreement of a jurisdiction, a majority of jurisdictions, or all jurisdictions: the processes outlined in 25(a27(a) to (h) will be followed; and if a jurisdiction has not responded within the 28 calendar day period indicated in the Commonwealth Minister’s or NDIS Commissioner’s letter, the jurisdiction is deemed to have agreed the proposed change; unless the jurisdiction has notified the Commonwealth in writing within the 28 calendar day period that its formal agreement requires a formal decision, in which case; the notification by the jurisdiction in writing includes the date by which the decision will be made; the notified decision date in (i) above is within 90 calendar days since the date the Commonwealth Minister’s or NDIS Commissioner’s letter was sent; the jurisdiction notifies the Commonwealth of its decision within two working days of this specified date; and if the Commonwealth has not been notified of the decision, within two working days of the notified date, the jurisdiction will be deemed to have agreed.