Registered NDIS Provider notice of changes and events

From 1 January 2020, as a registered NDIS provider, it will be a condition of your registration to notify the NDIS Quality and Safeguards Commissioner of certain changes and events, especially those which substantially affect your ability to provide the supports and services you are registered to provide.

Section 13 and 13A of the NDIS (Provider Registration and Practice Standards) Rules 2018 set out these requirements. The NDIS Commissioner has made Guidelines to assist providers understand the types of changes and events that must be notified to the NDIS Commission.

The required information is of primary importance, ensuring the NDIS Commissioner can contact providers in relation to matters such as complaints or where relevant in undertaking compliance and enforcement activities. Notifications around changes to a provider’s service profile will support the Commissioner’s market oversight function, allowing the identification of emerging risk within the NDIS market.

From 1 January 2020 until 31 March 2020, registered NDIS providers can notify the NDIS Quality and Safeguards Commissioner of certain changes and events by either completing the approved form or by updating their registration records via the NDIS Commission Portal. From 1 April 2020 these notifications will be able to made entirely via the NDIS Commission Portal.

Changes and events related to (COVID-19)

If your notification concerns change or events related to COVID-19, please use the Notification of event form - COVID-19 (registered providers).

Giving notice of certain events

Using the approved form each of the below events are to be notified to the Commissioner as soon as practicable after the event occurs:

  • Any event that significantly affects the provider’s ability to comply with any of the provider’s conditions of registration under section 73F of the National Disability Insurance Scheme Act 2013 (the Act), including:
    • events which extensively limit the provider’s ability to comply with the Practice Standards listed in the NDIS (Provider Registration and Practice Standards) Rules 2018
    • events which seriously impair the provider’s ability to effectively conduct its operations and deliver ongoing supports or services to NDIS participants.
  • Any change that adversely affects access by a person with disability to the supports or services the provider is registered to provide, including:
    • a decision of a registered NDIS provider to not accept, on a temporary or permanent basis, new participants for supports or services that the provider is registered to provide;
    • a significant increase in wait times for the provision of supports or services to participants that the provider is registered to provide;
    • a significant shortfall in available workers of the registered NDIS provider to provide the supports or services the provider is registered to provide;
    • the cessation, on a temporary or permanent basis, of the provision of supports or services that the provider is registered to provide.
  • Any adverse changes in the provider’s financial capacity to provide any supports or services the provider is registered to provide, including:
    • an inability to meet workforce payroll obligations for more than two consecutive pay periods
    • being served with a statutory demand under the Corporations Act 2001 (Cth) for the recovery of a debt
    • being the subject of legal proceedings to have the provider declared bankrupt or placed under administration.
  • A significant change in the organisation or governance arrangements of the provider, including:
    • a change in membership of the provider’s key personnel (such as a new CEO or company director)
    • a change to the legal entity type/ business structure
    • a change in the Australian Business Number or Australian Company Number
    • the sale, merger or transfer of all or part of the business of the registered NDIS provider
    • a change in the business name (trading name) or legal entity name.
  • Any event relating to the suitability of the provider or its key personnel to provider or be involved with the provision of supports or services to people with disability as described under sections 9 and 10 of the NDIS (Provider Registration and Practice Standards) Rules 2018 including:
    • the conviction of the provider or a key personnel of an indictable offence against a law of the Commonwealth or of a State or Territory
    • the disqualification of the provider or member from managing corporations under Part 2D.6 of the Corporations Act 2001.

Giving notice of certain changes

Providers must notify the Commission of the following changes and can use the NDIS Commission Portal to do this:

  • changes to the provider’s contact details
  • changes to the address details of an existing outlet
  • addition of new outlets
  • removal of previous outlets
  • changes in the services or supports delivered at or from those outlets
  • changes to the geographical areas where supports are provided from each outlet.
  • a change in membership of the provider’s key personnel (such as a new CEO or company director)

For more information about using the NDIS Commission Portal, see our Portal Quick Reference Guides.

Providers must also notify the NDIS Commission of the following changes to the scale of its operations and can use the approved form from January 2020 to do this:

  • A significant increase or decrease in the number of participants being provided with a support or service, where the number of participants recorded in the NDIS Commission Portal is:
    • fewer than 200 – if the increase or decrease is at least 50 per cent of that number
    • 200 or greater – if the increase or decrease is at least 25 per cent of that number.
  • A decrease in staff is unexpected and/or to an extent that the provider is unable to provide continuity of services or supports to the NDIS participants who currently receive such services or supports from the provider
  • The change relates to a restructuring of the organisation relating in a significant expansion or reduction in the organisation’s scope.

All of these changes need to be notified to the NDIS Commission when the change occurs or as soon as practicable afterwards (whichever is earlier).

If you have any questions about notifying the NDIS Commission of these requirements contact us by email at registration@ndiscommission.gov.au or by calling 1800 035 544.