Major reforms to the NDIS sector are soon to be introduced following the passage of the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024 (Cth) (“Bill”) by both Houses on 22 August 2024.
The Bill is the first in a series of changes to the NDIS Act 2013 (Cth) to implement key recommendations arising from the government’s Independent Review of the NDIS in late 2023. In particular, the Bill is designed to streamline the NDIS system, improve participant experiences and outcomes, and ensure the scheme’s sustainability and integrity moving forward.
Key Amendments
Key changes introduced by the Bill include:
Revised Framework: A new framework will mean that prospective participants will undergo a needs-based assessment process, and will receive funding based on whether their impairments meet the disability and/or early intervention requirements. Participants may also be required to undergo eligibility reassessment in particular circumstances.
Funding Allocation: NDIS plans will have their funding periods reduced to no more than 12-months at a time to assist participants with better understanding and management of their budget. Any unspent funds will roll over between funding periods.
Enhanced Safeguards and Management: The Bill strengthens the quality and safeguards measures, including enabling the imposition of conditions on approved quality auditors to not employ persons with a banning order. The Bill also introduces powers to revoke a person’s participant status, and for the NDIA to change the management of NDIS plans where appropriate.
Better Guidance and Regulation: The Bill establishes requirements and definitions to help clarify and regulate participants’ use of the NDIS system. This includes providing participants with a clear statement of the basis they were approved for the scheme, as well as introducing a clear definition of ‘NDIS supports’ which funding can be spent on.
Tips For Organisations
Although many of the changes introduced by the Bill are directed towards NDIS participants, organisations involved in the NDIS sector will still need to take steps to ensure that they remain compliant with the NDIS Act.
Upon commencement, NDIS organisations will need to:
Familiarize themselves with the new framework and processes in order to better meet participant needs;
Take steps to understand and comply with the newly introduced and amended rules and requirements, such as the rules around NDIS supports, participant notices, and the claims process for NDIS payments; and
For approved quality auditors, be aware of the Commission’s power to attach conditions and limitations to your approval, and take any appropriate preparations.
Cowell Clarke’s dedicated Aged Care and Retirement Living team continues to work closely with Aged Care providers to ensure their best possible outcomes are achieved whilst ensuring compliance.
For further information, please contact our Aged Care, Retirement Living and Health team.
This publication has been prepared for general guidance on matters of interest only and does not constitute professional legal advice. You should not act upon the information contained in this publication without obtaining specific professional legal advice. No representation or warranty (express or implied) is given as to the accuracy or completeness of the information contained in this publication and to the extent permitted by law, Cowell Clarke does not accept or assume any liability, responsibility or duty of care for any consequences of you or anyone else acting or refraining to act in relation on the information contained in this publication or for any decision based on it.