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.

Aged and Community Services Australia (ACSA): Support and assistance for RAC providers

Under the Australian Government’s Support for NDIS Providers grant program, the NDIS Commission has awarded a grant to Aged and Community Services Australia (ACSA). ACSA will assist RAC providers who support NDIS participants in meeting their responsibilities as they transition to the NDIS Commission provider registration arrangements.  More information, including transition advice and support, can be found on the ACSA website.

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.

I am not currently registered with the NDIS Commission, when do I need to register?

You do not need to do anything to register. As a RAC provider supporting NDIS participants, you will automatically become registered with the NDIS Commission on 1 December 2020. We will send you a certificate of registration with the NDIS Commission which includes a date by which you must undertake a third party audit to ensure your NDIS registration remains in place. ACSA will contact you with further information about the registration obligations that will apply to you from 1 December 2020 and the transition process.

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.

Do you need further information or assistance?

If you wish to discuss your individual organisation’s situation, please feel free to contact ACSA on 1800 860 640 or the NDIS Commission on 1800 035 544.