Efforts to support and protect the human rights of people with disability have been high on the government’s reform agenda since the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability handed down its final report and recommendations, and the Independent Review of the NDIS was completed in late 2023. As part of these broader developments, there will be significant changes to how the NDIS operates and is regulated.
On 28 October 2024, the NDIS Quality and Safeguards Commission published its Regulatory Reform Roadmap for 2024-2025 which sets out the stages for reform, and when providers can expect changes to come into effect. It includes periods of consultation where providers and participants can provide feedback on the proposed changes.
This ongoing process has no doubt also been top-of-mind for NDIS providers, who will want to keep up with changing requirements and continue to provide the best possible supports to participants. We are also hard at work, focused on helping providers with their compliance requirements and tracking the changes as they come through.
Previous Developments
The Disability Royal Commission highlighted a number of areas of concern regarding the inclusion of people with disability in the broader community, and the protection of their human rights. In case you missed them, take a look at our previous blog posts that go over some key themes from the report and their implications for service providers:
First NDIS Amendment Act
The Government passed the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No.1) Act 2024 (Cth) (the first of two NDIS amendment acts) on August 22, which went into effect in the beginning of October. The amendment changed how participants are assessed, the definition of NDIS supports, and outlined how participants can use their funding. Summaries of these changes can be found on the NDIS website.
Disability Employment Program Reforms
The Department of Social Services has been progressing its replacement of the current Disability Employment Services program with the New Specialist Disability Employment Program, which will commence on 1 July 2025. The new program will seek to increase eligibility and be more adaptable to individual participant circumstances. More information can be found on the DSS website. The tender period will be closing shortly. Additional information regarding the program will be made available closer to commencement.
Upcoming Changes
Recently announced details of upcoming reforms indicate significant changes to how NDIS providers will be regulated. Additional examination will occur when the Government publishes their response to the NDIS Review, which is expected to be made available in December 2024.
Mandatory Registration
Additional categories of disability service providers will be subject to mandatory registration with the NDIS Quality and Safeguards Commission. Provider types which will be required to register will include:
- Platform providers;
- Supported Independent Living (SIL) providers; and
- Support coordinators.
These organisations will be required to comply with the NDIS Practice Standards and meet ongoing audit requirements. Mandatory registration will commence no earlier than 1 July 2025. The Government commenced consultation on these registration changes on 31 October, and will be open to submissions until March 2025.
Second NDIS Amendment Act
The second NDIS Amendment Act will be introducing increased regulatory powers for the NDIS Quality and Safeguards Commission. Proposals for the new amendment include:
- Increasing the penalties for providers when a participant suffers harm under care;
- Subjecting providers to stronger penalties and criminal proceedings for serious failures to comply with registration conditions; and
- Generally strengthening the Commission’s ability to gather information and impose bans on individuals within all areas of the NDIS.
The government will be consulting with stakeholders across the disability service system about the proposed changes. The second Amendment Act will be considered by parliament no earlier than March 2025.
Review of NDIS Practice Standards & NDIS Rules
As part of the reforms, the NDIS Practice Standards and NDIS Rules will be reviewed and strengthened. At this stage we understand that consultation on changes will begin in March 2025.
What We're Doing
We are monitoring developments and will be updating our resources to reflect the most recent information as it becomes available. We’ve already updated many of our existing resources and created new resources in response to the major themes in the final report of Disability Royal Commission, including safeguarding, human rights, and access and inclusion.
We will also help providers understand any changes proposed to the NDIS Practice Standards when they are released, by building new self-assessment modules.
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