NDIS participants in residential aged care

Residential Aged Care providers supporting NDIS participants will be required to be registered with the NDIS Commission from 1 December 2020

The NDIS Commission is working with other agencies across the Commonwealth, particularly the Department of Health, the Department of Social Services and the Aged Care Quality and Safety Commission to develop regulatory arrangements for residential aged care (RAC) providers supporting NDIS participants from 1 December 2020.

The aged care sector has been under significant pressure during the COVID-19 pandemic, with the focus on protecting residents from exposure to COVID-19. Because of the pandemic, the NDIS Commission have agreed to defer the commencement of mandatory NDIS registration for RAC providers supporting NDIS participants for five months (from 1 July to 1 December 2020). This has been determined in consultation with stakeholders representing NDIS participants living in residential aged care and industry representatives.

In June and July 2020, we wrote to the affected NDIS providers and NDIS participants to explain the reason for this deferment and how it affects them.

NDIS participants in RAC are dual participants of the NDIS and aged care systems. The proposed regulatory approach will afford NDIS participants coverage across all NDIS Commission functions, including reportable incidents and behaviour support. The approach will be proportionate, recognising the adjacent regulation that RAC providers will continue to be subject to under the Aged Care Act 1997.

RAC providers supporting NDIS participants continue to be subject to both aged care regulation and the NDIS Code of Conduct.

I am not currently registered with the NDIS Commission, what are my current requirements?

RAC providers supporting NDIS participants are exempt until 30 November 2020 from the requirement that providers delivering behaviour supports or using restrictive practices for NDIS participants be registered NDIS providers.

RAC providers who are not registered NDIS providers are currently subject to the NDIS Code of Conduct and NDIS participants in RAC are able to make complaints to the NDIS Commission.

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

Providers remain subject to quality and safeguards regulation under the Aged Care Act 1997.

What if I am already registered with the NDIS Commission?

If you are already registered with the NDIS Commission this means you will need to continue to comply with NDIS Commission requirements.