Changes to the NDIS Act
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The final report of the Independent Review of the NDIS ‘Working together to deliver the NDIS’ was delivered on 7 December 2023.
In December 2023, the Prime Minister and state and territory governments agreed to an initial response to the final report of the NDIS Review. This included introducing changes to the legislation.
The National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Act 2024 (Amending Act) commenced on 3 October.
The Amending Act is based primarily on key recommendations of the NDIS Review to make the NDIS better for participants of the Scheme.
You can visit our FAQs page for more information about changes the NDIS Act.
The Amending Act is commencing
There has been a lot of talk in community and in the media about the changes and what they mean.
We know for some people change can cause uncertainty, so we want to keep you informed about the changes and what they mean for you.
Not much will change about the way you experience the NDIS now. You will start to see more practical changes when we start to transition to the new planning framework later next year.
The NDIA will support you through the changes every step of the way. They’ll tell you before things change, and what you need to do.
The purpose of the NDIS will not change. It will continue to provide NDIS participants with disability related supports.
This page is to help you understand what you need to know now:
- what’s changing
- when changes will happen
- where you can get more information.
When will the changes start?
Not all changes will start at once.
The first changes started on 3 October 2024. Other changes will start later. Most people won’t experience much change until then. We’ll share more information about these changes before they happen.
Changes to NDIS supports
From 3 October 2024, there is a new definition of NDIS supports. This definition makes it clear what NDIS funding can and can’t be spent on. This change affects all participants.
From 3 October 2024, you can only spend your NDIS funding on things that are NDIS supports. The new rule also includes things you can’t use your NDIS funding for. In some circumstances you might be able to ask to use your funding for a support that is not an NDIS support.
If you make a mistake and buy supports that are not NDIS supports, the NDIA will work with you to help you understand the new rules and access supports that are NDIS supports.
The changes to NDIS Supports are published as a legislative instrument.
The Explanatory Statement is published alongside the legislative instrument provides additional detail for each item in the instrument to help understand how each clause will function. For example, the Explanatory Statement for the NDIS Supports Transitional Rules steps through each item on the NDIS Supports list and non-NDIS supports list and provides further explanation for each support.
Miscellaneous Provisions Transitional Rules provides for a number of transitional arrangements that will support implementation of amendments to be made to the National Disability Insurance Scheme Act 2013 (NDIS Act) by the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Act 2024 (Amending Act).
Budget amounts and funding periods
When your plan is reviewed after 3 October 2024, your new plan will have a total finding amount. This means you’ll see a total amount for all supports in your plan.
Current plans show line by line supports. New plans will be shown as a budget.
This change makes clear the total funding available in your plan and how long the funds need to last. You can’t spend more funding than what’s available in your plan.
For now, new plans created after 3 October 2024 will be 12 months in duration. In the future, most people’s plans will go for longer than this. The NDIA will let you know when this changes.
For more information about changes the NDIS Act:
Section 33 changes
The Amending Act introduces funding amounts, funding components and funding periods and allows the Minister to make a determination under section 33(2E), that will set out how funding in a participant’s plan will be determined. Current NDIS plans are referred to as old framework plans in the Amending Act.
The determination sets out what things the NDIA needs to think about when they are working out:
- how to categorise a participant’s supports into groups
- a participant’s funding periods, and
- when a participant’s first funding period starts
To find out more about the Section 33 determination:
Transitional instruments
The new legislative instruments and explanatory statement are published on the Federal Register of Legislation website.
The final version of the NDIS Supports lists are published on the NDIS website.
To access the legislative instruments for the NDIS Supports and Miscellaneous Provisions visit the Federal Register of Legislation via the links below.
Legislative Instruments (NDIS Supports)
Legislative Instruments (Miscellaneous Provisions)
Impact on reviews in the Administrative Appeals Tribunal
We have developed a fact sheet to help people understand how changes in the Amending Act could interact with matters before the Administrative Appeals Tribunal, including when they will begin to apply.
Engagement
We asked for your feedback on what goods and services should be NDIS supports via the Draft List of NDIS Supports consultation.
An evaluation process on the consultation on the draft lists of NDIS supports has been completed. The Consultation on the draft lists of NDIS supports Report is now available. To access the report, visit DSS engage.
Visit DSS Engage to learn more about the consultation.
Next steps
We will provide further information about proposed timeframes for consulting with the disability community and states and territories on rules and instruments made under the Bill.
Disability Reform Roadmap 2024 and 2025
A Disability Reform Roadmap has been created which demonstrates the key actions the government will take across 2024 and 2025 to deliver commitments for the disability and NDIS reform agenda, including planning and implementation stages of changes relating to the NDIS Act 2013.
Visit the Disability and Carers page to learn more about the key actions and the Disability Reform Roadmap 2024 and 2025.
Visit the Disability Reform Roadmap 2024 and 2025 to view the roadmap.
Engagement on the NDIS Reforms
The Minister for the National Disability Insurance Scheme, the Hon Bill Shorten MP, has released a Ministerial Statement on proposed consultation for new NDIS rules and legislative instruments.
Read the Ministerial Statement
More information about the co-design approach, including specific opportunities for consultation and engagement is available will be publicised in the coming weeks.
Stay Updated
The Department of Social Services (DSS) and the National Disability Insurance Agency (NDIA) are working together to improve the NDIS. You can find the latest updates on our Frequently Asked Questions page.
Join NDIA Participant First
You can help make the NDIS better by joining Participant First. The NDIA wants your ideas and feedback.
The NDIS journey
Learn more about the NDIS:
- AUSLAN Video: The Amending Act at a glance
- Explanatory memoranda
- The Bill Overview: Look at what the Bill is about (new)
- Easy Read version: A simplified version of the Bill (updated)
- AUSLAN Video version: Information in Auslan sign language
- Fact sheet: Important facts about the Bill (new)
- Frequently asked questions: Answers to common questions (updated)
- Previous engagement and inquiries:
- Bill introduction:
- You can watch a recorded session of the April NDIS Legislation webinar
- You can find a copy of the transcript of the April NDIS Legislation webinar
- NDIS Review web page
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