• 1.1This Part applies in relation to subsections 27(5), 52 and 53 of the Act.
  • 1.2The Act recognises that Participants may choose to travel to international locations for short periods of time (temporary travel) or live in international locations (permanent international residence). For both types of absences from Australia, the Act gives the LSA discretion, either to pay for TCS services while absent or to suspend the Participant. To exercise that discretion, the LSA will consider the matters outlined in this Part.

Editorial Notes –

  • (i)The structure of this Part is:
    • a.the Rule on notice (applicable to temporary travel and permanent international residence). Authorised by subsection 52(1) of the Act;
    • b.temporary travel: considerations for payment of TCS services;
    • c.permanent international residence: considerations for payment of TCS services and ongoing assessment.
  • (ii)Payment for TCS services for temporary travel is by account, sent directly to the LSA by the international service provider, by reimbursement to the Participant after they have paid the account, or as determined by the LSA.
  • (iii)Payment for TCS services for permanent international residence may be under an agreement under subsection 27(5) of the Act and Part 16 of the Rules, or as for temporary travel.

  • 2.1In accordance with subsection 52(1) of the Act, if a Participant is to be absent from Australia, the Participant or Decision Maker or both as the case may require, must give the LSA notice.
  • 2.2The notice must:
    • 2.2.1be In Writing,
    • 2.2.2state whether the absence is for temporary travel or permanent international residence,
      • 2.2.2.1if the absence from Australia is for temporary travel, include the “TCS Travel Plan” referred to in Rule 3 of this Part.
      • 2.2.2.2if the absence from Australia is for permanent international residence, include “TCS Permanent International Residence Plan” referred to in Rule 4 of this Part.
    • 2.2.3be provided to the LSA at least 28 Calendar Days before the Participant leaves Australia, unless the LSA has previously agreed In Writing, to waive or reduce the 28 Calendar days,
    • 2.2.4state whether the Participant wishes to apply to the LSA for payment of TCS services while absent, and if the Participant wishes to make such an application, the notice must be accompanied by,
      • 2.2.4.1the location(s) that the Participant intends to visit or the location where the Participant intends to permanently reside as the case may be,
      • 2.2.4.2for Temporary Travel, a TCS Travel Plan,
      • 2.2.4.3for Permanent International Residence, a TCS Permanent International Residence Plan.

  • 3.1Subject to Rule 3.2 of this Part, the LSA will not suspend a Participant, and may pay the necessary and reasonable costs of TCS incurred by a Participant undertaking temporary travel to international locations, provided:
    • 3.1.1the TCS would have been planned if the Participant remained in Australia, and
    • 3.1.2the TCS has been planned by the Participant or Decision Maker or both as the case may require, in conjunction with the LSA, which has approved the TCS Travel Plan, and
    • 3.1.3the cost does not exceed the cost that would be incurred if the Participant remained in Australia, and
    • 3.1.4the Participant or Decision Maker or both, as the case may require, provides the LSA with verifiable accounts for the international services.
  • 3.2The LSA may suspend a Participant (and therefore not pay for TCS during the period of suspension) if:
    • 3.2.1the Participant travels to the international location to engage in treatment not approved by the LSA In Writing; or
    • 3.2.2the Participant or Decision Maker or both, as the case may require, does not inform the LSA of the absence, in accordance with Rule 2.2 of this Part.

  • 4.1The LSA will not suspend a Participant, and may pay the necessary and reasonable costs of TCS incurred by a Participant permanently residing at an international location, provided:
    • 4.1.1the TCS would be planned as if the Participant remained in Australia, and
    • 4.1.2the TCS has been planned by the Participant or Decision Maker or both as the case may require, in conjunction with the LSA, which has approved the TCS International Residence Plan, and
    • 4.1.3the Participant or Decision Maker or both, as the case may require:
      • 4.1.3.1complies with any relevant requirements under the LSS Rules, (such as the Participant being available for needs assessments as if residing in Australia), and
      • 4.1.3.2the TCS services for Participants residing in an international location comply with relevant local requirements (with the Participant or Decision Maker or both as the case may require carrying the onus of ensuring such compliance); and
    • 4.1.4the cost does not exceed the cost that would be incurred if the Participant were living in Australia.
  • 4.2In any consideration of payments, the LSA manages currency risk exposure consistent with South Australian Government requirements.
  • 4.3The LSA may offer the Participant or Decision Maker or both, as the case may require, the opportunity of Self-Directed Support for the Participant, provided that the arrangement complies with the requirements outlined in Part 16.
Page last updated: 16 September 2022