This article applies to registered NDIS providers.
National Disability Insurance Scheme (Codes of Conduct) Amendment (2023 Measures No.1) Rules 2023 (Cth)
On 19 December 2023, the National Disability Insurance Scheme (Codes of Conduct) Amendment (2023 Measures No.1) Rules 2023 (Cth) (the Amending Rules) amended the National Disability Insurance Scheme (Code of Conduct) Rules 2018 (Cth) (the Rules).
The changes introduced by the Amending Rules are discussed below.
Code-covered persons
Organisations will already be aware that the Rules apply to Code-covered persons. The Amending Rules have expanded the definition of a Code-covered person to include members of the key personnel of NDIS providers in addition to persons employed or otherwise engaged by NDIS providers and NDIS providers themselves.
Price Differentiation
Price differentiation is when a ‘Code-covered person’ charges a NDIS participant a higher price for the same product, support or service compared with other customers.
The newly inserted rule 6(2) of the Rules aims to prevent such price differentiation practices by prohibiting a ‘Code-covered person’ from:
- Representing a higher price for the supply of the same (or substantially the same) goods for participants compared with other people, without reasonable justification; and
- Charging a participant a higher price for the supply of the same (or substantially the same) goods than another person, without reasonable justification.
Conclusion
Organisations that are registered NDIS providers should review their pricing practices to ensure that they do not breach the new price differentiation prohibition as discussed above.
