Catholic Health Australia – Getting It Right – A New Definition for NDIS Providers Submission

The National Disability Insurance Scheme (NDIS) has undergone significant change in recent years. In 2023, the Australian Government commissioned an Independent Review of the scheme (henceforth ‘the Review’), examining its sustainability, effectiveness, and the experiences and outcomes of NDIS participants. The Review identified structural concerns with the existing provider regulatory framework and made recommendations to strengthen oversight while reducing unnecessary burden on lower-risk providers.

Following the Independent Review, a dedicated Taskforce was established to translate the Review’s findings into actionable policy. Among its recommendations, the Taskforce proposed amendments to the definition of an “NDIS provider” that would create a more proportionate, risk-based approach to regulation which distinguished between provider types based on the nature and risk profile of the supports they deliver.

This consultation seeks to: establish a level playing field for providers of similar services, with more responsive and cost-effective regulation for lower and medium risk supports; leverage registration to help the NDIS Quality and Safeguards Commission (the Commission) and the National Disability Insurance Agency (NDIA) incentivise quality while
combating fraud, abuse, neglect and exploitation; and improve the integrity, sustainability and productivity of the Scheme.

CHA and its members understand the consultation to cover four key areas:

• the scope of supports included in the definition;
• how an amended definition can uphold participant rights, including choice and control;
• the benefits of amendment, including improved market monitoring; and
• potential unintended consequences, such as service disruption or unnecessary regulatory burden.