The National Disability Insurance Scheme (NDIS) is undergoing significant regulatory reforms, known as NDIS reforms, aimed at improving its efficiency, safeguarding participants, and enhancing the overall experience for people with disabilities, their families, and providers. These changes address key challenges within the system, ensuring it remains sustainable and effective in achieving its core goals of choice and control for participants.
Key Areas of Focus for NDIS Participants
- Quality and Safeguards
- The NDIS Quality and Safeguards Commission continues to strengthen its oversight, addressing compliance issues and ensuring registered NDIS providers adhere to the NDIS Code of Conduct and Practice Standards.
- Enhanced protections aim to reduce instances of abuse, neglect, and exploitation while fostering safe and ethical service delivery.
- Participant Experience
- Recent reforms target simplifying access to the NDIS, ensuring equitable and consistent eligibility assessments.
Platform Providers, Supported Independent Living (SIL) Providers, and Support Coordinators
The NDIS Commission is actively engaging with Platform Providers, Supported Independent Living (SIL) Providers, and Support Coordinators as part of the consultation process for mandatory registration requirements.
This consultation period offers a valuable opportunity for providers to share their feedback directly with the NDIS Commission and influence the proposed changes. This consultation period is crucial for ensuring that providers can effectively deliver supports in compliance with the NDIS regulations.
According to the NDIS Commission:
“The NDIS Commission will be progressing NDIS Rules changes to mandate the registration of all platform providers, support coordinators and SIL providers. An approach to transition will be informed through consultation with participants and providers about how mandatory registration of these supports will be transitioned.”
Providers and stakeholders are encouraged to participate, with consultations closing on 7 March 2025.
The NDIS Commission will continue to share updates on how to participate in the consultation process and details about upcoming events via their official website and LinkedIn page. Don’t miss the chance to have your voice heard and help shape the future of these important changes.
https://www.ndiscommission.gov.au/about-us/ndis-commission-reform-hub
What’s Next for Supported Independent Living (SIL) and Specialist Disability Accommodation (SDA)?
In 2024, the NDIS Commission undertook an extensive consultation process with over 800 stakeholders to explore ways to enhance the regulation of housing and living supports, particularly Supported Independent Living (SIL) and Specialist Disability Accommodation (SDA). These discussions provided critical insights into what participants and providers believe is needed to strengthen the quality and safety of supports in this vital sector.
Key Insights and Actions
The NDIS Commission has published an Insights Report that captures the feedback received during these consultations. The report sheds light on the improvements participants want to see in housing and living supports and offers a clear direction for regulatory changes.
Using these insights, the NDIS Commission plans to:
- Guide the Review of NDIS Practice Standards: Feedback from stakeholders will inform updates to existing practice standards, ensuring they remain relevant and participant-focused.
- Develop New SIL NDIS Practice Standards: Collaborating closely with people with disability, the NDIS Commission will introduce specific standards to enhance the regulation and delivery of SIL services.
- Shape Advice on SIL and SDA Separation: Insights will support recommendations regarding the legal and practical separation of SIL and SDA to improve participant choice, control, and overall service quality.
The Insights Report is now available for download at https://bit.ly/4gt5XQX. Providers, participants, and stakeholders are encouraged to review the report and stay informed about upcoming changes.
Upcoming Consultations
The NDIS Commission is committed to ongoing dialogue with stakeholders and will soon launch consultations on:
- NDIS Rules and Standards: Exploring updates and improvements to ensure they align with the needs of participants and providers. These consultations will also cover updates to the SDA Price Guide, which is essential for understanding the costs associated with the SDA design standards.
- NDIS Provider Definitions: Refining definitions to ensure clarity and consistency across the sector.
These upcoming consultations represent a valuable opportunity to influence the future of NDIS regulation and contribute to meaningful changes that benefit all participants. Stay tuned for updates from the NDIS Commission on how to get involved.
By incorporating these insights and fostering collaboration, the NDIS Commission aims to create a more robust, participant-focused framework for housing and living supports.
Digital Compliance Register
The NDIS Commission’s Digital Compliance Register is a transparent and user-friendly tool designed to help participants, providers, and stakeholders verify the registration status and compliance history of NDIS providers. It was launched in December 2024 and allows users to search for NDIS providers and individuals to make informed decisions by checking if the Commission has taken any compliance action against them.
You can search the register by business or individual name, by ABN and/or by state, and you can filter your results by the type of compliance action taken or the year it was issued, https://bit.ly/4hHidOS.
This resource is an integral part of the Commission’s commitment to safeguarding the quality and safety of NDIS services.
Landmark Decision: Federal Court Imposes Record Penalty for NDIS Participant's Death
In a landmark decision, the Federal Court has imposed the highest-ever civil penalty of $1.9 million against Valmar Support Services Limited (Valmar) in connection with the tragic death of an NDIS participant. This follows the death of an NDIS participant on 17 May, 2020, from choking on food at a residential group home at Hemmings Crescent, ACT, while under the care of Valmar.
This decision highlights the critical importance of provider accountability and serves as a sobering reminder of the responsibilities NDIS providers hold in ensuring participant safety and compliance with the NDIS Practice Standards.
The Court determined that the deceased and other NDIS participants were put at serious risk of harm by Valmar from 11 September 2018 to 14 May 2020 by Valmar’s failure to implement adequate mealtime management and dietician plans. It was found that staff did not possess the necessary accreditation or training to provide supports and services in a safe and competent manner, with due care and skill.
This landmark decision by the Federal Court not only delivers accountability for the tragic loss of an NDIS participant but also sends a strong message to all providers about the critical importance of meeting their obligations under the NDIS Practice Standards. It highlights the serious consequence of negligence and it reinforces the urgent need for all NDIS providers to prioritise participant safety, quality and risk, and provide rigorous training to staff to prevent such devastating incidents in the future. Moving forward, this ruling should serve as a catalyst, ensuring that providers uphold the highest standards to protect the rights and wellbeing of those they support.
