New Conditions for Registered NDIS Providers

Amending regulations have recently confirmed that ‘suitably qualified persons’ are included in calculating the number of educators required to educate and care for children in centre-based services operating under the National Quality Framework.

This training brochure applies to registered National Disability Insurance Scheme (NDIS) providers.

National Disability Insurance Scheme (Provider Registration and Practice Standards) Amendment (2019 Measures No.1) Rules 2019 (Cth)

National Disability Insurance Scheme (Registered NDIS Provider Notice of Changes and Events) Guidelines 2019 (Cth)

The National Disability Insurance Scheme (Provider Registration and Practice Standards) Amendment (2019 Measures No.1) Rules 2019 (Cth) (the Amending Rules), amended the National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018 (Cth) (the Rules) on 1 January 2020.

To coincide with the commencement of the Amending Rules, the National Disability Insurance Scheme (Registered NDIS Provider Notice of Changes and Events) Guidelines 2019 (Cth) (the new Guidelines) also commenced on 1 January 2020.

Background

Organisations that are registered NDIS providers will be aware that section 73H of the National Disability Insurance Scheme Act 2013(Cth) (the Act) provides that the National Disability Insurance Scheme Rules may determine that each registration, (or each registration included in a specified class of registration) is taken to include one or more specified conditions.

In addition, section 73J of the Act provides that it is an offence for a registered NDIS provider to breach a condition to which their registration is subject. Moreover, section 73J provides that a registered NDIS provider will be liable to a civil penalty of 250 penalty units (currently $52,500) if the provider breaches a condition to which the provider’s registration is subject.

Registered NDIS providers should be aware that the Amending Rules have introduced new conditions of registration. The key changes brought about by the Amending Rules are discussed below.

Registered NDIS provider notice of changes and events

Registered NDIS providers should be aware that the Amending Rules have amended rule 13 of the Rules to provide that the registration of each registered NDIS provider is subject to the condition that the provider gives the Commissioner of the NDIS Quality and Safeguards Commission (Commissioner) notice of certain changes, including changes to the registered NDIS provider’s contact details. Clause 6 of the new Guidelines provide that those contact details include the provider’s:

  • business/trading name, and legal name;
  • name, position, telephone number, mobile number (if applicable) and direct email address of the provider’s primary contact;
  • postal address;
  • business address (where the registered NDIS provider is a body corporate, this will be the head office, registered office or principal office);
  • main telephone number;
  • main email address.

Rule 13 also provides that the registration of each registered NDIS provider is subject to the condition that the provider gives the Commissioner notice of changes in the scale of the provider relating to the supports or services the provider is registered to provide including the following:

  • a change to the geographical area or areas in which the provider provides a support or service;
  • a change to the locations at or from which the provider provides a support or service;
  • a significant increase or decrease in the number of participants being provided with a support or service;
  • a significant increase or decrease in the number of workers providing a support or service on behalf of the provider.

It is important to note that the newly amended rule 13 provides that the notice of these change must be provided to the Commissioner in the form approved by the Commissioner, as soon as practicable after the earlier of the following times:

  • when the registered NDIS provider becomes aware that the change will occur;
  • when the change occurs.

Registered NDIS providers should also be aware that the newly introduced rule 13A of the Rules imposes a condition of registration on each registered NDIS provider to give the Commissioner notice of any of the following events:

  • an event that significantly affects the provider’s ability to comply with any of the provider’s conditions of registration;
  • a change that adversely affects access by a person with disability to the supports or services the provider is registered to provide;
  • an adverse change in the provider’s financial capacity to provide any of the supports or services the provider is registered to provide;
  • a significant change in the organisation or governance arrangements of the provider;
  • an event, relating to the suitability of the provider to provide supports or services to people with disability, to which the Commissioner would be required to have regard to if the provider were an applicant for registration as a registered NDIS provider;
  • an event, relating to the suitability of the provider’s key personnel to be involved in the provision of supports or services that the provider is registered to provide, to which the Commissioner would be required to have regard to if the provider were an applicant for registration as a registered NDIS provider.

Rule 13A provides that notice of an event as listed above must be given to the Commissioner in the form approved by the Commissioner, and as soon as practicable after the event occurs.

We note that the NDIS Quality and Safeguards Commission has stated on their website that from 1 January 2020 until 31 March 2020, registered NDIS providers can notify the Commissioner of certain changes and events by either completing the approved form on their website, or by updating their registration records via the NDIS Commission Portal. The Commission’s website also states that from 1 April 2020 these notifications will be able to made entirely via the NDIS Commission Portal.

Conclusion

Registered NDIS providers should alert relevant staff to the changes discussed above and as outlined in further detail in the NATIONAL – Registered NDIS Providers topic. In addition, registered NDIS providers should update their procedures to ensure that the Commissioner is notified of any changes as contained in rules 13 and 13A of the Rules.

Contact

For further information please contact the Law Compliance team:

Phone: 1300 862 667

Email: info@lawcompliance.com.au

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