The National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No 1) Bill 2024 (Bill) was passed in August 2024.
About the Bill
The Bill was first introduced in March 2024. Since then, there have been a range of amendments as it passed through the Senate. On 22 August 2024, the House of Representatives agreed upon the proposed changes from the Senate.
Many of the changes in the Bill rely on delegated legislation (such as regulations, laws, rules, or instruments) before they can come into effect.
One of the most significant changes is the Draft list of NDIS Supports, which the Department of Social Services will consult on.
What’s in the Bill
This new Bill aims to set the stage for future changes to the NDIS to take place, addressing some of the recommendations from the NDIS Review. It provides the Government and the disability community with a framework to begin reforming the NDIS.
These changes focus on access to the NDIS, plans, budgeting, and quality and safety.
Some of the changes in the Bill
- An increased focus on ensuring that every NDIS dollar is put towards support for people with disability, as intended.
- Creating a new, more narrow definition of ‘NDIS Supports’, clarifying the type of supports that are funded by the NDIS and those that aren’t.
- Providing a clear process for reassessment of NDIS participant status.
- Outlining the factors to be considered when making decisions about a person’s ability and/or early intervention requirements, as well as elevating the powers given to the NDIS to create clear rules that apply to those decisions.
- Giving more power to the NDIS Quality and Safeguards Commission to protect participants.
Some of the amendments passed in the Senate debate
- There must be an independent review of the changes made by the new Bill in 5 years, along with a public report that is tabled (presented) in Parliament.
- Increased transparency - The Government must be more transparent by reporting to Parliament. about rule-making, timelines, and talking with the states and territories.
- A new power to permit the CEO of the National Disability Insurance Agency (NDIA) to waive a debt where the participant was not at fault for that debt.
- A new requirement that a member of the NDIA Board must be an Indigenous Person.
- The NDIA must consider each participant’s specific needs and circumstances when using its powers, such as when asking for new information or deciding whether a participant has not followed a request.
- The CEO of the NDIA can allow a support that’s not normally allowed if it meets certain requirements, such as being cheaper, replacing current supports, and leading to better results for participants. (Note - This was for the scenario such as a participant choosing to have their hair washed by a hairdresser because it's cheaper than using a support worker).
Next steps
Now that the Bill has passed, the Government will go through a consultation and co-design process with the disability community.
Read a summary of the changes on the NDIS website, and frequently asked questions on the Department of Social Services Website.
This article is general in nature and details Mable's thoughts and opinions. It is not intended to be advice and should not be relied on. Third party links are for reference only and Mable is not responsible for any use of these links or the related content.
