Changes to the National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018

Changes to the National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018 (the Rules) will come into effect from 1 January 2020.

The changes address the disproportionate regulatory burden on some NDIS providers (particularly sole traders delivering lower risk supports). They also adjust audit processes to emphasise the proportionate approach in a diverse NDIS market, without reducing the safeguarding effects of the regulatory arrangements.

The Rules changes include:

  • a consistent approach to audits for providers delivering lower risk supports irrespective of legal entity type
  • further operationalise a proportionate quality audit process
  • enabling a specific practice standard to not apply to a particular provider, upon recommendation of an auditor where not relevant to the provider’s service provision
  • imposing a condition of registration on providers subject to a certification assessment requiring a mid-term assessment within 18 months of registration approval
  • extending the types of changes and events about which a registered provider must notify the NDIS Quality and Safeguards Commissioner.

The changes to audit type may affect the form of audit that some providers delivering low risk supports are required to undergo. Providers who are likely to be affected by this aspect of the Rule changes have been contacted by the NDIS Commission.

The proposed Rule changes do not reduce the responsibilities of registered providers or the full range of compliance and enforcement actions the NDIS Commission can take.

Registered NDIS Provider notice of changes and events

Some of the Rule amendments to come into effect from 1 January 2020 relate to Section 13 and 13A of the Rules, which requires registered providers to notify the NDIS Quality and Safeguards Commissioner of various changes and events.

These Rule amendments will require registered providers to notify us of any changes and events that significantly or adversely affect their ability to provide the supports or services they are registered to provide. These changes and events will include adverse changes to financial capacity, ongoing suitability of the provider or key personnel and changes in the organisation or its governance arrangements.

Under these amendments, registered providers must notify the NDIS Commission about:

  • changes in the provider’s contact details
  • changes in scale, including significant changes in participant and worker numbers, and changes to the geographical areas and numbers of locations of registered supports.

For more information about notifying the NDIS Commission of changes and events, visit our Notice of Changes and Events web page.

If you have any questions about the changes, contact the NDIS Commission on 1800 035 544 or at registration@ndiscommission.gov.au