The rule in section 23
Section 23 of the NDIS Act sets out the residence requirements. You meet them if you live in Australia and you are one of the following:
- An Australian citizen
- The holder of a permanent visa
- A special category visa holder who is a protected SCV holder
Who is a protected SCV holder
Most New Zealand citizens in Australia hold a special category visa (SCV). Only some of them are protected SCV holders. Under the NDIS Act you are a protected SCV holder if either:
- You were in Australia on 26 February 2001 and held a special category visa on that day, or
- You had been in Australia for 12 months in total during the 2 years before 26 February 2001, and returned to Australia after that day
What living in Australia means
Citizenship or a visa is not enough on its own. You also need to reside in Australia. When deciding this, the NDIA must look at:
- The kind of accommodation you have in Australia
- Your family relationships here
- Your work, business and financial ties with Australia
- The assets you have in Australia
- How often and how long you travel overseas
- Anything else that shows whether you intend to stay in Australia permanently
Who does not meet the requirements
People on temporary visas, including most New Zealand citizens who are not protected SCV holders, students, workers on temporary visas and people on bridging visas, do not meet the residence requirements. Neither does an Australian citizen who has settled overseas.
If your situation changes, for example you are granted a permanent visa or become an Australian citizen, you can apply then. You must still be under 65 on the day you make your access request, so if you are getting close to 65, do not leave it too late.
Travelling overseas as a participant
The residence requirements keep applying after you join. You can be temporarily overseas for a 6 week grace period without your plan being affected. The NDIA can approve a longer grace period in some situations, so ask before you go if you expect to be away longer.
If you stay overseas past the grace period, your plan is suspended until you return to Australia. If you stop living in Australia altogether, the NDIA can revoke your participant status. A decision to revoke your status is reviewable.
Evidence you may need
When you apply, the NDIA asks you to confirm your citizenship or visa status. Have your passport, citizenship certificate or visa details ready. If you are a New Zealand citizen, keep records that show when you were in Australia around February 2001, such as travel records or old employment or tax records.
Support if you are not eligible
If you do not meet the residence requirements, you may still be able to get help from state and territory disability, health and community services, and from programs funded outside the NDIS. Ask your GP, hospital social worker or a local disability advocacy organisation what is available where you live.