The Taskforce was established to consider whether all NDIS service providers should be registered following the recommendation by the NDIS Review that a there be a risk-proportionate model for the visibility and regulation of all NDIS providers and workers. For further background about the Taskforce, please see our overview of the NDIS Review's Final Report.

Following extensive public consultation with NDIS participants, advocates and providers, the Taskforce has formulated 11 recommendations and 10 'Implementation Actions' for the Government's consideration. At the heart of the recommendations are the rights of people with disability – the recommendations seek to promote participant choice and control over their disability services while ensuring provider oversight and accountability.

Recommendations from the Taskforce

Underpinned by the position that not all providers should be registered, rather registration should be based on risk and the types of supports offered, the Taskforce recommended a five-tier registration system:

1. (Advanced Registration) This registration category would be for providers who wish to offer high risk supports and services, for example, group homes such as Supported Disability Accommodation (SDA) and Supported Independent Living. In these types of settings, there is a risk of large-scale exploitation and commercial (rather than care) motivators for certain providers.
2. (General Registration) This registration category would be for providers that wish to offer medium risk supports such as high intensity personal activities, supports with one-on-one contact and supports that require certain skill and expertise, such as injections.
3. (Self-Directed Support Registration) This registration category recognises the importance of self-directed supports while seeking to ensure that the supports add value and drive quality and safety. This registration category aims to provide oversight of the various self-directed supports by requiring registration of the participant or their guardian.
4. (Basic Registration) This registration category takes a 'light touch' approach and seeks to regulate lower risk supports such as social and community participation.
5. (Purchase Visibility) While the Taskforce considers that this final tier is not a category, and no registration is required for this tier, the Taskforce suggests that goods bought should be subject to oversight through purchasing arrangements.

Expanding beyond its immediate mandate to consider whether all NDIS providers should be registered and moving beyond the registration categories, the Taskforce also recommended implementing a fully electronic payment system to ensure financial oversight (which would bolster the implementation of the Purchase Visibility category) and building a robust system to monitor provider obligations by, for example, verifying providers, considering how providers apply the NDIS Code of Conduct, considering whether providers undertake worker screening and auditing. Consistent with previous inquiries into the NDIS, the Taskforce highlighted the importance of a holistic approach to the regulation of the NDIS.

The recommendations are supported by the Implementation Actions which seek to ensure that NDIS registration promotes high quality and safe services. The actions recommend expanding the core function of the NDIS Commissioner, implementing new legal frameworks for provider and worker registration, and stronger complaints, monitoring and compliance systems.

The recommendations recognise that the NDIS continues on its long regulatory reform journey. In announcing the Taskforce's final advice, the Hon Bill Shorten MP, Minister for NDIS, noted that the Government 'will now take the time to properly consider these recommendations and determine how [they] apply them.' We will continue to update you on the progress of this reform journey.

We would be delighted to discuss this update or any of the broader regulatory changes with you. Please feel free to reach out.