With today’s news, we don’t yet know the final form of the NDIS (Getting the NDIS Back on Track No.1) Bill 2024 or when it will be passed into law.
But, despite the uncertainty and lack of detail on many key points, NDIS providers (including unregistered providers) need to understand some basic concepts to prepare for the big changes ahead:
- Providers should expect increased regulation, oversight, and enforcement action. The NDIS Quality and Safeguards Commission and the NDIS Commissioner will have expanded powers.
- NDIS access rules will be clarified so that participants know whether they meet the disability requirements, the early intervention requirements, or both.
- NDIS pathways will change. The NDIS will work differently for participants accessing early intervention supports compared with participants receiving disability supports for lifelong disabilities. (Future reforms will create a new early intervention pathway.)
- Significant changes to NDIS supports, assessments, reports, and budgets:
- “NDIS Supports” will replace “reasonable and necessary supports”, narrowing supports that will be funded by the NDIS.
- “Needs-based assessments” will replace diagnoses-based assessments, and produce “needs assessment reports”.
- The needs assessment report requirements will be developed in consultation with people with a disability, health and allied health technical professionals and governments.
- The “reasonable and necessary budget” will be determined by the needs assessment report and replace line-by-line “reasonable and necessary supports”.
- Reasonable and necessary budgets will be composed of “stated supports” (fixed budgets for things like assistive technology and supported independent living), “flexible funding” (e.g. for health or rehabilitations services), or both.
- Provider boards and senior management must understand their NDIS compliance obligations and work with participants and others to improve their governance and leadership practices to enhance safety, quality, accountability, and responses to risk.
With thanks to the presenters at the Legalwise Seminars’ NDIS Law Intensive on 20 June 2024.