Q&A for Minister’s Town Hall 27 November 2024

On 27 November 2024, the NDIS Quality and Safeguards Commission hosted a public Town Hall with the Minister for Government Services and the NDIS, the Hon Bill Shorten MP, NDIS Commissioner Louise Glanville and Associate Commissioner Natalie Wade. 

The purpose of this Town Hall was to discuss the proposed quality and safeguarding reforms to the NDIS Act, also known as Bill No 2.

This Q&A document has been updated with questions and themes raised at the Town Hall meeting. 
 

What We Heard

We received more than 600 questions from attendees during the Town Hall. Many questions related to similar issues or themes, so we have answered some common questions by theme below. 

Some of the most common questions were about:

• Art and music therapy, and funding and planning decisions by the NDIA. We have heard your feedback about changes to Art and Music therapy, and other funding and planning decisions made by the NDIA. We’re passing on the questions to the NDIA as the agency responsible.
• How Bill No 2 will affect participants and providers. Many questions were asked about whether the changes will add extra obligations for providers, how they support participants, and what the impact of the new data requirements will be. 
• What reforms are planned for the next few years. Many attendees wanted to know more about the planned reforms and how we will consult. We have addressed common questions below, including how you can have your say and what we know about next steps on topics like the definition of a NDIS provider. 
• How to raise concerns about providers and workers, the NDIA and NDIS Commission. Many of you asked who could review decisions made by the NDIA about funding or check on how the NDIS Commission regulates the market. Some of you also raised issues about your providers or workers. We’ve included contact details and instructions for raising concerns. 

Many of you gave us feedback about the way we communicate about these reforms. We are committed to make our language about the reform program accessible, clear and straight forward.

Art and Music Therapy, Funding and Planning Decisions

On 26 November 2024, the National Disability Insurance Agency (NDIA) published a statement about changes to how art and music therapy will be funded under the NDIS. 

During our Town Hall, you asked us many questions about these changes, including how the changes will affect art and music therapy providers, and whether there will be further changes to therapy funding. 

You also asked us several questions about decisions on planning, funding for different supports, and how you can get a decision reviewed. 

The NDIS Commission does not make decisions about funding or plans. However, we have heard the feedback you provided. The NDIS Commissioner, Louise Glanville, committed during the meeting to provide every question around art and music therapy to the CEO of the NDIA, Rebecca Falkingham. 

If you want to provide more feedback about funding or plans, please contact the NDIA. You can contact them by phone at 1800 800 110 or visit their website at https://www.ndis.gov.au/.

About regulatory reform

What is regulatory reform? 

Regulatory reform means improvements to the quality of government regulation. We are changing the NDIS to make it better for everyone. To do this, we want to hear your thoughts and opinions on the changes we are making.

How can I have a say about the reforms?

We want to hear your thoughts and opinions on the changes we are making.

You can engage in a variety of different ways, including:

•    making a submission
•    completing a survey on our website
•    attending an online or in person consultation session.

We welcome your feedback on how we can do better. 

Why are we doing regulatory reform?

The Government is working to improve the NDIS for participants, providers and workers. 

There has been an NDIS Review and Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (Disability Royal Commission). Participants, their families, the sector, providers and workers shared stories, evidence and experiences. These informed recommendations for the NDIS Commission to have:

•    a more active approach to monitoring, and
•    a stronger approach to compliance and enforcement.

What are the next steps following the NDIS Provider and Worker Registration Taskforce?

The Government is carefully considering the advice of the Taskforce and has started consultation with the disability community on some of the design elements of a new regulatory model. This will inform the Government’s decision making on the implementation approach of a new regulatory model. This includes:

• The NDIS Commission consulting on the registration of platform providers, supported independent living (SIL) services and support coordination 
• The Department of Social Services consulting on the Taskforce recommendations for participants who self-direct their own supports. 

What steps are being taken on the definition of an NDIS Provider and on worker registration?

• Consultation on the definition of a provider will occur in the coming weeks. Information about this consultation will be available on the DSS Engage website.
• The Disability Royal Commission recommended that the Government should establish a national disability support worker registration scheme. The NDIS Provider and Worker Registration Taskforce endorsed this recommendation. This recommendation is subject to further consideration by Government. 

Are there any changes proposed for behaviour support and restrictive practices? 

• The Disability Royal Commission and NDIS Review both made recommendations about reducing and eliminating the use of restrictive practices and improving the quality of behaviour support plans. As part of the response to the Disability Royal Commission, the Government has committed $1.2 million towards a whole-of-government approach to reduce and eliminate the use of restrictive practices. 
• The NDIS Commission will explore the potential approaches and the feasibility of options suggested by the Disability Royal Commission to improve access to behaviour support practitioners. This includes considering how to improve access to behaviour support services in regional and remote areas. 

What is happening with foundational supports?

• The Department of Social Services (DSS) consulted with people with disability, their families and carers, and other stakeholders on general foundational supports. Consultation closed on 5 December 2024.
• There will be future stages of engagement. DSS will let the community know when the next stages of engagement will start. For more information, visit the DSS Engage website.
   

NDIS Act (Bill No. 2) proposed quality and safeguard amendments

What are the proposed legislative reforms?

There are 10 measures proposed for inclusion in Bill No. 2 with a focus on keeping participants safe. They do this by giving the NDIS Commission stronger compliance and enforcement powers.

The measures cover three key areas:

1. Penalty framework and statutory requirements (5 measures): These ensure a framework for penalties and offences is fit for purpose and has a deterrence effect. 
2. Safeguarding (1 measure): This expands categories of people who can get a banning order. This ensures unsuitable people can be excluded from the NDIS.
3. Information gathering (4 measures): These strengthen powers to get relevant information from NDIS providers and others.

Why does the legislation need to change? 

The Disability Royal Commission’s final report highlighted quality and safeguarding challenges that still exist for people with disability. 

The measures will improve the NDIS Commission’s ability to keep participants safe by: 

• deterring providers and workers from fraudulent and negligent actions
• simplifying NDIS Commission operations for more effective regulatory functions and activities.

How are you consulting about these changes?

Consultation on the proposed changes in Bill No. 2 has started and will finish by the end of 2024. 

We will listen to the views of many different groups through:

• public consultation (open now until 20 December 2024)
• consultation with States and Territories (from November-December 2024)
• exposure draft publication (following consultation). The release of the exposure draft will be a decision of Government. 

The consultation paper is available in standard and Easy English.

Download it on the NDIS Commission website.

We welcome submissions in a format that suits you. Contact us if you would like help providing a submission or completing the survey.

What will the NDIS Commission do with its additional compliance powers?

Effective compliance and enforcement activity is critical to the NDIS Commission's regulatory role. Extra regulatory powers ensure the NDIS Commission can: 

• take strong action to reduce and prevent violence, abuse and neglect of people with disability
• drive improvement in provider practice, and
•  exit bad actors from the market. 

The NDIS market has evolved since the introduction of the NDIS Act. The NDIS Commission needs stronger compliance and enforcement powers to achieve its aim.

The proposed measures aim to increase the NDIS Commission’s regulatory capability to:

• exercise its monitoring, compliance and enforcement functions in relation to NDIS providers
• respond to quality and safeguards issues with stronger compliance and enforcement activities, and 
• help reduce inappropriate spending of NDIS funding and support scheme sustainability.

Will these measures increase the regulatory burden on NDIS providers impacting services to participants?

The proposed measures are not intended or expected to:

• create extra regulatory requirements for providers. Some measures will clarify requirements for NDIS providers
• negatively impact the provision of services to NDIS participants.

What is the impact on participants?

All people with disability will benefit from better quality and safeguarding of disability services. 

NDIS participants with higher safeguarding risks will benefit from a stronger penalties framework. The Framework will be a deterrent against violence, abuse, neglect and exploitation. 

People will also be more likely to raise concerns with the NDIS Commission if they are confident it can and will take appropriate action.

What is the impact on providers?

The NDIS Commission regulates the whole NDIS market. This includes both registered and unregistered providers.

The proposed changes impose extra requirements on registered and unregistered NDIS providers. These focus on obligations to respond to requests for information and documents. The requirements will only apply when there is concern about the NDIS provider’s compliance with the NDIS Act. 

Registered NDIS providers will also be required to hold information within Australia. This is a standard requirement for many Government-funded services. 

Proposed new criminal offences, civil penalties and statutory duties apply to registered and unregistered providers.

We will consider transition periods for providers in the consultation process. These will allow time to meet new requirements.

What is the impact on the disability sector?

The disability sector will benefit from clear, proportionate and responsive action to breaches of the NDIS Act and NDIS Rules.

The changes will also increase awareness of regulatory requirements and compliance actions available. This is expected to drive continuous improvement in the quality of NDIS supports and services.

Do these measures align with the recommendations of the Disability Royal Commission and the NDIS Review? 

The NDIS Review and Disability Royal Commission highlighted a need for:

• stronger safeguards to protect the rights and wellbeing of participants, and 
• swift and appropriate responses to issues. 

The Disability Royal Commission recommended stronger monitoring, compliance and enforcement powers for the NDIS Commission (Recommendation 10.25). This relates to NDIS providers that have:

• a history of non-compliance, or repeatedly fail to meet their obligations to provide safe and quality services
• have demonstrated a disregard for the safety of people with disability, and 
• have caused serious harm to a person or people with disability. 

The NDIS Review recommended the NDIS Commission should have the resources, powers and capability to proactively and effectively regulate the disability supports market (Action 19.3).

When will other recommendations from the NDIS Review and Disability Royal Commission (not addressed in the NDIS Amendments ‘Getting it Back on Track’ legislation) be addressed? 

The Australian Government is considering the NDIS Review recommendations. It is consulting with State and Territory Governments and will release a full response later this year.

The Australian Government released its response to the Final Report of the Disability Royal Commission in July 2024. 

Learn more: Department of Social Services.

Why will providers be required to store data onshore?

• Holding information in Australia on Australian-based servers is a standard requirement for many Government-funded services.
• The powers and processes available to Government agencies such as the NDIS Commission to attempt to obtain information held overseas are limited and slow. Consequently, a requirement for NDIS providers to hold information within Australia will enable the NDIS Commission to obtain the information it needs, in a timely way, to protect NDIS participants and the integrity of the NDIS.

Why does the NDIS Commission need additional powers for information sharing?

• It is proposed that the NDIS Commissioner be able to use the existing Ministerial power to make and change Prescribed Bodies Rules. Prescribed Bodies Rules outline why and to whom Protected Commission Information can be shared with.
• Currently, this power is only able to be used by the Minister who has responsibility for the NDIS. The proposed change would allow the NDIS Commissioner to make and change Prescribed Bodies Rules. It would facilitate information sharing to support the safeguarding of participants, market oversight and regulation of NDIS providers.

Mandatory Registration of Platform Providers, Supported Independent Living and Support Coordination

What is a registered NDIS provider? 

A registered NDIS provider has: 

• applied for registration with the NDIS Commission 
• been audited against the relevant NDIS Practice Standards and assessed as meeting them 
• undergone a suitability assessment by the NDIS Commission (both the provider and its key personnel), and 
• been issued a certificate of registration.

I get support coordination / supported independent living from an unregistered provider, or access supports through an unregistered platform provider. How will mandatory registration affect me? 

The following providers will need to register with the NDIS Commission no earlier than 1 July 2025: 

• unregistered support coordination and supported independent living providers,
•  unregistered platform providers who want to deliver NDIS funded services to NDIS participants. 

If the provider does not get registered by the end of the transition period, they cannot deliver NDIS funded services or supports. Participants will need to find a registered NDIS provider if they want to use their NDIS funding for these types of services and support. 

Learn more: Provider registration.

Do these measures align with the NDIS Review and NDIS Provider and Worker Registration Taskforce? 

• The NDIS Review recommended a graduated, risk-proportionate framework.
• The NDIS Provider and Worker Registration Taskforce was established in February 2024 to advise the Government on a new registration model. 
• The Taskforce made 11 recommendations and 10 implementation actions. These include immediate actions and longer-term strategies developed through consultation.
• The Taskforce recommended significant changes to provider registration.  
• As an immediate response to the Taskforce’s advice, the Government announced that platform providers, support coordinators, and Supported Independent Living (SIL) providers will be required to be registered to enhance safeguards for NDIS participants.

Platform providers: How are you consulting about these changes?

• Step 1: Consultation paper published. Submissions open. Online survey on Platform Providers available.  
• Step 2: Platform Provider Industry Group and focus groups with people with disabilities.
• Step 3: Online surveys and submissions close by March 2025. Insights report on consultation available. 
• Step 4: Start to transition providers to registration by no earlier than 1 July 2025.

SIL and support coordination: How are you consulting about these changes?

• Step 1: Consultation paper published late November. Submissions open. Online survey on SIL and support coordination available.  
• Step 2: From early 2025, the NDIS Commission will consult on these proposed changes through targeted consultations.
• Step 3: Online surveys and submissions close by March 2025. Insights report on consultation available. 
• Step 4: Start to transition providers to registration by no earlier than 1 July 2025.

Why should I become a registered provider?

There are many benefits to becoming a registered NDIS provider. These include the ability to:

• provide services to any NDIS participant, including Agency-managed NDIS participants
• provide services that require registration, including Specialist Disability Accommodation (SDA), plan management and specialist behaviour support services
• be independently assessed as meeting relevant NDIS Practice Standards
• enable NDIS participants to find your details on the NDIS Commission’s ‘Find a Registered Provider’ search tool.

What is a platform provider?

Platform Providers are NDIS providers that use profile-based platforms to connect participants with workers to deliver NDIS supports, for example an app or website where NDIS participants and workers create a ‘profile’. 

Currently, Platform Providers may be registered or unregistered NDIS providers.

We are exploring the key features that identify what a Platform Provider is as part of our consultations. To find out more, visit our Regulatory Reform Hub and have a look at our consultation paper on the registration of Platform Providers. 

Will we require support coordinators to have a minimum qualification or training? 

We recognise that appropriate qualifications and training are important factors in ensuring quality supports, and these requirements will be carefully considered to balance service quality and sector capacity.

Our immediate focus is on progressing mandatory registration for support coordinators, with such, our current consultation focusing on the proposed registration approach and timeframes. 

In our consultation paper on Mandatory Registration for SIL and support coordination, we propose that support coordinators will need to meet a skills requirement. The skills requirement will vary based on the level of support coordination. For example, Level 1 Support connection will only require basic support coordination skills, while Level 3 Specialist support coordination will require specialist skills. 

Future consultation and engagement will address specific registration conditions for support coordination, as outlined in Part 2 of our Own Motion Inquiry into support coordination and plan management. 

Will we require all NDIS providers to be registered?

The NDIS Review recommended that all NDIS providers be registered or enrolled in a graduated, risk-proportionate registration model. The NDIS Provider and Worker Registration Taskforce recommended that the registration categories outlined in the NDIS Review’s model be used as the basis for most provider registration, ranging from advanced to basic registration. 

The Australian Government, in consultation with State and Territory Governments, is considering the recommendations of the NDIS Review. It has not yet issued a formal response. 

Consultation

How will the NDIS Commission ensure all voices are heard?

We will centre participant voices and prioritise participant groups most affected by the regulatory changes. Our language about the reform program will be accessible, clear and straight forward.

We will provide a variety of consultation options (in person, virtual and online surveys) to ensure participation is inclusive. 

We know that many people in the community have already engaged with a lot of different reports and reviews. We value your feedback to help make these reforms work.   

We recognise that reform can affect communities in different ways. Hearing from members of these communities helps us to understand the impacts of these changes and make them better. We want to hear from people in the community who identify as:

• First Nations people
• people from Culturally and Linguistically Diverse (CALD) backgrounds 
• LGBTIQA+
• children and young people
• people with disability living in closed environments
• people living in rural and remote areas.

How can I get involved in consultation and co-design?

We will provide a variety of consultation options (in-person, virtual and online surveys) to ensure participation is inclusive. 

Some reforms may be co-designed, such as changes to needs assessments and participant experience arising from Bill No 1. You can find out more about getting involved on the NDIA website. 

To find out more about the proposed regulatory reforms, and to have your say on Bill No 2, visit the NDIS Commission Reform Hub: NDIS Commission reform hub | NDIS Quality and Safeguards Commission.