NDIS participants in residential aged care

NDIS providers who develop behaviour support plans for NDIS participants, or use restrictive practices must be registered with the NDIS Commission.

But these mandatory registration requirements will not apply to residential aged care providers who are delivering supports to NDIS participants under the Aged Care Act 1997 until 1 July 2020, when the NDIS reaches full scheme across Australia.

These providers remain subject to quality and safeguards regulation under the Aged Care Act 1997, except in cases where behaviour support is provided outside of that legislation, such as to enable community access.

If I am not a registered NDIS provider, will anything change?

Residential aged care providers and their workers (including volunteers) who are supporting NDIS participants will be required to comply with the NDIS Code of Conduct.

The NDIS Commission may also handle complaints made by or on behalf of NDIS participants in residential aged care about an issue arising out of, or in connection with, an NDIS provider’s provision of supports or services.

In handling complaints about residential aged care providers, the NDIS Commission will work closely with aged care complaints and other regulatory bodies.

What if I am already registered with the NDIA?

If you were registered with the NDIA before the NDIS Commission started operating in New South Wales and South Australia on 1 July 2018, your registration automatically transferred to the NDIS Commission.

This means you will need to comply with NDIS Commission requirements.