New Specialist Disability Accommodation Rules for NDIS Providers

This article applies to organisations who are registered NDIS providers that are registered to provide Specialist Disability Accommodation (SDA), or who are registered providers of supports who provide SDA under their registration.

National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020 (Cth)

National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Amendment Rules 2020 (Cth)

On 23 June 2020, the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020 (Cth) (the new Rules) repealed the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2016 (Cth) (the old Rules).

In addition, the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Amendment Rules 2020 (Cth) (Cth) (the Amending Rules) amended the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Rule 2018 (Cth) (the Rule) on 23 June 2020.

The key changes brought about by the new Rules and the Amending Rules are discussed below.

New changes in relation to enrolment of SDA dwellings

The purpose of the Amending Rules is to amend the Rule to ensure it also reflects the new changes introduced by the new Rules. More specifically, the Amending Rules have repealed and replaced rule 6 of the Rules. The new rule 6 provides that the registration of a specialist disability accommodation provider (being a registered NDIS provider whose registration includes the provision of specialist disability accommodation (SDA) supports), is subject to certain conditions, including that the provider:

  • does not provide SDA in a dwelling, unless that dwelling is enrolled to provide SDA under the new Rules, and
  • does not apply to enroll a dwelling unless the dwelling meets the requirements contained in rule 25(4) of the new Rules (in relation to dwelling density, compliance with building codes and standards etc), and
  • ensures that all of the provider’s enrolled dwellings continue to meet those requirements.

It is important to note that rule 41 of the new Rules provides that if a dwelling was, immediately before 23 June 2020 enrolled as an SDA dwelling, that dwelling is already taken to be enrolled by the National Disability Insurance Agency (NDIA) and the new Rules automatically apply in respect of that dwelling.

Conditions of enrolment

The new Rules have also introduced new conditions on SDA Providers to ensure the continued enrolment of an SDA dwelling. SDA Providers under the new Rules are defined as a registered NDIS provider that is registered to provide specialist disability accommodation, or a registered provider of supports that can provide specialist disability accommodation under its registration.

Rule 28 of the new Rules requires SDA Providers to ensure that each dwelling enrolled by the provider is in a good state of repair and is being appropriately maintained.

In addition, rule 29 of the new Rules provides that it is a condition of enrolment that an SDA Provider notifies the NDIA in writing of certain changes relating to the enrolled dwelling within 5 business days of the change occurring. These changes include where there has been a change in the SDA design category or SDA building type of the dwelling, and where a vacancy arises in the dwelling that is available to be filled.

Conclusion

Organisations (who are registered NDIS providers, registered to provide SDA, or who are registered providers of supports that are able to provide SDA under their registration), should ensure relevant staff are made aware of the new changes discussed above.


Contact

For further information please contact the Law Compliance team:

Phone: 1300 862 667

Email: info@lawcompliance.com.au

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