NDIS participants in residential aged care

Changes occurring from 1 July 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 aged care providers supporting NDIS participants from 1 July 2020.

NDIS participants in residential aged care (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.

The Commonwealth is consulting on the proposed arrangements with a wide range of stakeholders representing younger people living in RAC, and aged care providers. The Commonwealth is developing an approach to communicating the new arrangements and providing supports to RAC providers to assist them with engaging in the new arrangements.

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

RAC providers supporting NDIS participants are exempt until 30 June 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.