On 22 August 2024, the Australian Parliament passed the National Disability Insurance Scheme (NDIS) Amendment Act, often referred to as the Getting the NDIS Back on Track Act 2024. received Royal Assent on 5 September. This Act introduces crucial reforms aligned with the NDIS Review. With claims the changes are aimed at restoring the Scheme to its foundational purpose. While there may not be agreement on this point, the changes are going ahead. These amendments, which have progressively taken effect since 3 October 2024, set the stage for what is hoped to be a more participant-focused NDIS, benefiting Australians with significant disabilities. More changes are anticipated as further amendments emerge from ongoing consultations and legislative updates.
The amendments are categorised as follows:
- Immediate Implementation – Enforced from 3 October 2024.
- Agency-Determined Implementation – Timing set by the NDIS Agency.
- Dependent on Legislative Instruments – Contingent on new NDIS rules or ministerial determinations, to be developed in consultation with stakeholders, including those with disabilities, carers, and disability advocates.
Key Legislative Changes and Impact on Participant Access
Several amendments affect participant pathways and access criteria to the Scheme. The changes clarify eligibility requirements, support clarity on funded supports, and delineate when mainstream systems are responsible for certain services. Key points include:
- Clarity on NDIS Supports: Only supports directly related to a participant’s identified impairments will be eligible for funding.
- Defined Supports: Section 10 introduces an official definition of “NDIS supports,” ensuring transparency around which services are covered.
- Structured Funding in Plans: Approved plans now include “total funding amounts,” “funding component amounts,” and “funding periods,” improving financial planning for participants by segmenting available funds into defined periods.
- Streamlined Plan Adjustments: The NDIA now has flexibility to adjust certain aspects of a plan without issuing a completely new plan, enhancing responsiveness to participant needs.
- Eligibility Reassessment Protocols: Specific eligibility reviews may be required in certain situations, such as for children transitioning to older age brackets.
Plan and Claims Management: Streamlined Process for Providers
Amendments also affect how providers interact with NDIS participants and manage claims. Notable changes include:
- Section 10 – Definition of NDIS Supports: A clear list of what constitutes an NDIS support is now available. This list will evolve through consultations, with interim guidelines already published.
- Replacement Supports: The Act allows for non-NDIS-funded supports to replace certain NDIS supports in specific circumstances (e.g., a smartwatch replacing a support worker). Providers must ensure these supports are pre-approved.
- Replacement Supports: The Act allows for non-NDIS-funded supports to replace certain NDIS supports in specific circumstances (e.g., a smartwatch replacing a support worker). Providers must ensure these supports are pre-approved.
- Section 33 – Total Funding, Funding Components, and Periods:
- Replacement Supports: The Act allows for non-NDIS-funded supports to replace certain NDIS supports in specific circumstances (e.g., a smartwatch replacing a support worker). Providers must ensure these supports are pre-approved.
- Replacement Supports: The Act allows for non-NDIS-funded supports to replace certain NDIS supports in specific circumstances (e.g., a smartwatch replacing a support worker). Providers must ensure these supports are pre-approved.
- Section 10 – Definition of NDIS Supports: A clear list of what constitutes an NDIS support is now available. This list will evolve through consultations, with interim guidelines already published.
- Total Funding Amount: The sum total for all categories in a participant’s plan.
- Funding Components: Allocations assigned to support categories or specific items.
- Funding Periods: Specifies when funds are accessible, preventing overspending within certain periods. Unspent funds roll over to subsequent periods, providing flexibility.
- Implementation Timeline: These funding period changes will roll out fully by mid-2025.
- Section 44 – Plan Management Considerations: Delegates now consider compliance history with spending guidelines when determining management methods (agency or plan-managed). Participants can request reviews of management decisions.
- Section 45A – Claims and Payments Framework:
- Establishes a formal process for claims, including detailed requirements for claim submissions.
- Sets a two-year limit for claim submissions, with a 12-month grace period to accommodate outstanding claims from prior to the Act’s implementation.
Provider Guidance: Navigating the Changes
Providers should observe the following steps to align with these updates:
- Verification of Replacement Supports: Ensure that participants provide evidence (approval letters) for any replacement supports prior to service delivery.
- New Claiming Procedures: For replacement supports, submit claims through the My NDIS Provider Portal, adhering to the outlined process for quick payment processing.
- Stay Informed: Regularly check the NDIS and DSS websites for updates, as changes to legislation and guidelines will continue to evolve based on sector consultations.
Please refer to the NDIS website page for changes to the NDIS.
Summary of legislation changes | NDIS
