In an effort to ensure that the NDIS is able to meet its original intent of placing people with disability at the heart of the scheme while ensuring a sustainable NDIS, Parliament recently passed the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024 (Cth) (Bill), meaning a range of changes to NDIS laws came into effect on 3 October 2024. The Bill intends to implement a more streamlined and user-friendly approach to ensure participants have more independence on how to allocate their financial support. We provide a summary of the key changes below.
- Changes to NDIS supports: Originally intended to support people with permanent and significant disability, rather than individuals with a temporary or less severe functional impairment, the NDIS has gradually shifted focus towards individuals with a range of diagnoses that make them automatically eligible, resulting in an exponential expansion of the scheme. In an effort to curb this, the Bill provides a revised definition of NDIS supports which will offer clearer guidance on the permissible uses of NDIS funding by introducing a new definition of 'NDIS supports'. The Bill will also allow participants to use their funding towards a support that is not an 'NDIS support' upon request and approval. More information about this process will be made available in the upcoming weeks. These changes will be supported by the implementation of new subordinate Rules that outline what is and is not an 'NDIS support'. Government has indicated that these rules will be finalised after consultation with the disability community and other key stakeholders. The rules are set to be released imminently, prior to its effective date on 3 October 2024.
- Budgets and funding: Where a participant receives a new plan, the new plan will include a total budget amount for all supports in the plan. This will replace current plans which show line by line supports. The change clarifies the total amount of funding available in a participant's plan and the duration over which the funds are intended to be used, however, current plans will not be affected. In line with current funding measures, participants will not be permitted to exceed the spending limit set by the available funding in their plan without undergoing a reassessment of their plan. Additionally, any unused funding will roll-over between funding periods within a plan, but as with current arrangements, unused funding will not roll-over into new plans and future funding periods cannot be brought forward.
- Provider registration: While the NDIS Provider and Worker Registration Taskforce recommended against mandatory registration, all platform providers, support coordinators and Supported Independent Living (SIL) providers will be required to registered with the NDIS Quality and Safeguards Commission. As a result, the NDIS (Provider Registration and Practice Standards) Rules 2018 (Cth) will require amendment, with consultation beginning in October.
- Other key changes: To support the creation of new participant pathways, upon application to access the NDIS, participants will be informed whether they have met the disability or early intervention requirements. Further, from 1 January 2025, participants will receive an impairment notice when they meet access to the NDIS or transition to new framework plans. This will list their impairment(s) in relation to which they met the disability and/or early intervention requirements.
If you have any questions, or would like to discuss this update, please contact us to assist.