Reform at a glance

Two recent legislative developments reform the NDIS:

1. the National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Act 2026 (Cth) (Amendment Act); and
2. the National Disability Insurance Scheme (Provider Registration and Practice Standards) Amendment (Mandatory Registration and Other Matters) Rules 2026 (Cth) (Amendment Rules), which came into force on 1 July 2026.

Amendment Act

The Amendment Act came into force on 20 August 2026, and supports the implementation of reforms to the NDIS by:

• tightening access and eligibility settings;
• requiring consideration of a participant’s eligibility for other service systems when assessing NDIS access;
• refining the ‘reasonable and necessary’ supports framework, including plan end dates/renewal processes and limits on unscheduled plan reassessments;
• providing the Minister power to reduce funding for specified groups of supports;
• expanding the NDIA’s powers to detect, investigate and respond to fraud, non-compliance and integrity risks;
• updating governance arrangements for pricing decisions, indexation of old framework plans, and automated administrative decision-making; and
• providing transitional arrangements and support the rollout of new framework planning.

Amendment Rules

The Amendment Rules came into force on 1 July 2026, amending the National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018 (2018 Rules). The key changes include:

• mandatory registration for providers delivering Supported Independent Living (SIL) and NDIS digital platform services;
• new SIL-specific NDIS Practice Standards;
• new conditions on registration for NDIS digital platform providers;
• shortened notification requirements for providers to notify the NDIS Commission about certain events and changes; and
• a new condition on registration where there is a change of business ownership.

Mandatory registration

All providers seeking to deliver SIL supports or operate an NDIS digital platform must be registered with the NDIS Commission.

All unregistered SIL providers must apply for registration by 1 October 2026 or cease providing SIL services. SIL and digital platform providers will be required to demonstrate suitability to deliver NDIS supports, undergo independent assessments against quality standards, meet worker screening requirements, and comply with ongoing reporting and regulatory obligations.

For currently unregistered NDIS digital platform providers, transitional arrangements apply: they must apply for registration by 1 October 2026 and may continue providing platform services while the application is pending. New platform-specific conditions under section 13D of the 2018 Rules will apply from 1 January 2027.

New SIL Practice Standards

The Amendment Rules enshrine the new SIL-specific Practice Standards, setting clear expectations for providers delivering SIL services. These standards are designed to promote consistent service delivery, quality and safety for participants, and accountability across the sector.

Change of ownership requirements

The Amendment Rules introduce enhanced notification and audit requirements where there is a change in ownership of a registered NDIS provider (or of a business operated by the provider), effective from 1 July 2026. Key requirements include:

• Providers must notify the NDIS Commission of a change of ownership at the earliest point they become aware the change will occur, or when a precondition to effecting the change takes place.
• A new audit obligation (under section 13BA) applies to providers delivering higher-risk or complex supports where a significant change in governance results from the ownership change. The audit must commence within 3 months and be reported to the Commissioner within 28 days of completion.
• These requirements apply to any change in ownership occurring on or after 1 July 2026, with transitional provisions for notification triggers that arose before that date.

Notifications should include details of the new owner (including their qualifications and experience), information about affected participants, and the impact on service delivery.

For more information, see the NDIS Commission’s webpage on buying or selling a registered NDIS business.

Change of events notification

Registered NDIS providers are required to notify the NDIS Commission of certain events, including:

• an event that significantly affects the provider’s ability to comply with its conditions of registration;
• a change that adversely affects access by persons with disability to supports;
• an adverse change in the provider’s financial capacity;
• a significant change in organisation or governance arrangements; and
• events relating to the suitability of the provider or its key personnel.

Under the Amendment Rules, notice of these events must now be given by the earlier of: (a) when the provider becomes aware that the event or change will occur; or (b) when the event or change occurs. This replaces the previous requirement under the 2018 Rules to notify ‘as soon as practicable’ after the earlier of those times.

For guidance on how to notify the NDIS Commission about changes and events, see their webpage.

Key dates and status

• Stage: Both the Amendment Act and Amendment Rules are in force, with particular provisions in the Amendment Act to take effect in stages from 27 August 2026.
• Next milestone: Unregistered SIL and digital platform providers must apply for registration by 1 October 2026; new digital platform conditions under section 13D apply from 1 January 2027.

For guidance on when the various changes are introduced, see the Department’s reform timeline.

Our perspective

The Amendment Act’s tightened access and eligibility settings are not a future change, it is an acceleration of a trend already underway: separate reporting shows nearly 40% of NDIS plan reassessments in early 2026 resulted in funding cuts, roughly double the rate a year earlier, with disability sector figures suggesting the NDIA has been tightening at the planner level in anticipation of these reforms. For providers, this means the practical impact of ‘tightening access and eligibility settings’ is likely to be felt immediately, not gradually, and complaints and review activity from affected participants should be expected to rise before the new mandatory registration and reporting regime is even fully bedded in.

What you should do now

1. Confirm registration status: Unregistered SIL and NDIS digital platform providers must apply for registration before 1 October 2026 to avoid disruption to service delivery.
2. Review internal escalation and reporting processes: Notice of key events is now at the earliest point you become aware that a change will occur, or the change occurring, rather than ‘as soon as practicable’ afterwards. Providers should shorten their internal escalation pathways so issues are identified and elevated quickly enough to meet the new timeframe.
3. Prepare for change-of-ownership obligations: Build the new notification duties and the audit obligation (section 13BA) into transaction timelines.
4. Review the new SIL Practice Standards to ensure compliance.

Contact our team

Please do not hesitate to get in touch if we can assist further, or if you would like to discuss any aspect of this update.

Penelope Eden, Partner | [email protected]
Sacha Shannon, Special Counsel | [email protected]