NDIS Legislation: What’s Changing?

September 10th 2024

On 22 August 2024, the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024 was passed by the Parliament. The new law will come into effect 28 days after Royal Assent. According to the NDIS, changes to NDIS legislation is expected to occur on 3 October.

Until then:

All access and planning processes, decisions and supports will continue in line with current operational guidance.
Participants should continue spending in accordance with their plans.
Providers should continue to claim for supports in line with current operational guidance.

What’s changing?

Changes will not happen all at once.

Some changes will take time to develop as they require careful consultation.

The NDIA, in consultation with the disability community, will design the new NDIS Rules. The NDIS Rules sit under the NDIS Act and provide details about how the NDIS operates. It will outline how people can access the NDIS, what assessments are needed and how budgets will work.

The NDIA has been delivering reform in partnership with people with disability and the disability community over the past two years and co-design will continue to form the cornerstone of implementing change as we move forward.

These are the changes that will occur as soon as the law comes into effect. As mentioned above, the new law will come into effect 28 days after Royal Assent (on 3 October 2024).

Section 10 – NDIS supports

Introduces a definition of NDIS supports – supports that can be funded by the NDIS and declared by the NDIS rules to be NDIS supports.

The proposed amendments to Section 10 of the NDIS Act enable the creation of new rules (Category A) that outline what is and is not an NDIS support.

It’s going to take some time to make a Category A rule. In the interim, the Minister may create a transitional NDIS Supports rule. This will be in place as soon as the instrument is created and will have effect until the new Category A NDIS supports rule is agreed.

Section 19 – Limit on making new access request

If you have your status as a participant revoked and request a review of that decision, you cannot make another access request until your review is complete.

Section 21 – Separate pathways

When you apply to access the NDIS, the NDIA will consider, decide and tell you if you have met the disability requirements, early intervention requirements, or both.

This applies to access requests made on or after the law comes into on effect on 3 October 2024.

Section 24 – Disability requirements

Disability requirements have been updated to clarify that a person should only access the NDIS if they require supports which are NDIS supports.

This makes it clearer when a mainstream system is responsible for providing support. 

Section 25 – Early intervention requirements

Early intervention requirements have been updated to clarify that a person should only access the NDIS if they require supports which are NDIS supports.

This makes it clearer when a mainstream system is responsible for providing early intervention support. 

Section 30 – Information gathering for deciding whether to revoke participant’s status

The NDIA can request specific information or require you to do certain things like undergo an assessment if they are considering revoking your status as a participant.

If you do not comply with the request within a reasonable time, the NDIA may revoke your access to the NDIS.

Section 33 – Total funding amounts, funding component amounts and funding periods.

Plans approved after the law comes into effect will have total funding amounts, funding component amounts and funding periods.

This clarifies the amount of funds available in the plan and how long the funds need to last.

Section 34 – Supports for impairments

The NDIS will only fund NDIS supports related to the impairment(s) you meet access for.

Section 44 – Plan management decision

The NDIA can consider changing your plan management type in certain circumstances, including if the NDIA think:

you
your nominee
your plan manager
a child representative

Are unlikely to spend your NDIS funds properly relating to:

NDIS supports and
in line with your plan.

Section 45A – Claims and payments framework

Introduction of a legislative claims and payments framework for the NDIS to provide clarity on how claims should be made.

For the first 12 months, the NDIA will honour all claims made for supports provided before the law came into effect.

Section 47A – Plan variations

This impacts participants who have a new plan created after the law comes into effect – a plan with total funding amounts, finding components and funding periods.

Now: If your plan has funding amounts and funding periods, these can be varied in some circumstances.

Other Resources

The above list was current as at 10 September 2024 and may have changed since then. You can visit this page, which the NDIS will progressively update as changes come into effect: Summary of legislation changes | NDIS

You can also visit Frequently asked questions about legislation | NDIS

If you or someone you know is an NDIS participant, you may feel uncertain about the changes that are coming. However, we’re here to support you with up-to-date information!