Background to the NDIS Commission
The NDIS Commission is intended to improve the quality of NDIS services by implementing national legislation that eliminates duplication across the registration and quality assurance of NDIS providers.
As the NDIS Commission is rolled out across the country, multijurisdictional providers may find themselves holding registrations under the NDIS Commission in some jurisdictions whilst also remaining under the National Disability Insurance Agency (NDIA) in others.
The NDIS Commission has, or will, come into effect by:
|NSW and SA||1 July 2018|
|VIC, QLD, TAS, NT and ACT||1 July 2019|
|WA||1 July 2020|
What are the differences between the NDIA and the NDIS Commission in jurisdictions where the NDIS Commission has commenced operation?
The NDIA will continue to be responsible for the registration and regulation of NDIS providers until the commencement of the NDIS Commission in that particular State or Territory.
In jurisdictions where the NDIS Commission has commenced operation, the NDIA will continue to be responsible for overseeing disability service plans, payments and pricing for NDIS participants, but will not be involved in the registration and consistent implementation of the NDIS.
There have been various changes to the legislative obligations or disability service providers including the introduction of:
Further information on what the new Standards mean for disability service and aged care providers will be in our forthcoming alert.
The NDIS Commission’s enforcement powers
The NDIS Commission has far-reaching enforcement powers under the National Disability Insurance Scheme Act 2013 (Cth).
The power to issue infringement notices and applications for civil penalties against non-compliant providers.
NDIS participants in residential aged care
Before 1 July 2020
While all NDIS providers who develop behaviour support plans or use restrictive practices must be registered with the NDIS Commission from the date at which the NDIS is rolled out in their relevant state or territory, these mandatory registration requirements will not come into effect for residential aged care providers who provide support to NDIS participants until 1 July 2020.
Until this time, these providers will remain subject to the relevant regulations under the Aged Care Act 1997.
After 1 July 2020
From 1 July 2020, the NDIS Commission will manage all complaints made by NDIS participants in residential aged care.
Residential aged care providers who are supporting NDIS participants will also be required to comply with the NDIS Code of Conduct.
Aged care providers which are already registered with the NDIA?
The registration of aged care providers which are already registered with the NDIA will automatically transfer across to the NDIS Commission upon its operation in your state or territory.
This means that these aged care providers will need to comply with the NDIS Commission requirements before 1 July 2020.
How can we assist you?
It is important that providers are aware of the upcoming changes, when these changes will apply to them, and how these changes will impact on their day to day operations.
Gadens can assist providers to ensure they are able to comply with the new procedures and standards.
Sabine Phillips, Partner
Tamie Duncan-Bible, Associate
Abigail Gedge, Paralegal