Changes to the NDIS Act: The Amendment Bill
The Government is proposing changes to the National Disability Insurance Scheme Act 2013 (NDIS Act).
These changes will:
- establish the Participant Service Guarantee
- make improvements to processes for participants and providers
- update the legislation to reflect the current state of the NDIS as a full scheme.
The NDIS Act will be amended through the National Disability Insurance Scheme Amendment (Participant Service Guarantee and Other Measures) Bill 2021 (the Bill).
- Read an explanation of the Bill
- Read the revised Bill
- Read the Plain English summary and an Easy Read of the changes.
You can read more about the Bill, and the proposed changes, below.
You can have your say on the Bill by making a submission.
On this page
- What has led to the changes
- What is changing
- The Participant Service Guarantee
- Improving and clarifying NDIS processes
- Updating the legislation
- What’s not changing
What has led to the changes
The 2019 independent review of the NDIS Act, conducted by Mr David Tune AO PSM, made 29 recommendations to improve the participant experience, 19 of which require amendments to the NDIS Act and Rules.
The proposed Bill will make amendments to the NDIS Act and Rules, giving effect to 14 of these recommendations in whole or in part. The remaining recommendations will be considered in future legislative amendments, following the co-design of a new assessment model to support access and planning.
Broadly, these 14 recommendations aim to establish the Participant Service Guarantee, streamline processes, make plan amendments easier, better support people with psychosocial disability and families of children with disability, and update and clarify the legislation where needed.
Read more:
- The NDIS Act review report for the full recommendations and the reasons for them
- A plain English summary of the NDIS Act review report
- The Government’s response to the NDIS Act review report
- Easy Read summary of the report, recommendations and response
- Implementing the recommendations of the 2019 NDIS Act review
- Summary of the NDIS Bill and changes to NDIS Rules.
What is changing
There are three components to the Bill.
1. Establish the Participant Service Guarantee – Schedule 1
Schedule 1 establishes the Participant Service Guarantee (the Guarantee), which is designed to improve the experience of NDIS participants.
Schedule 1 will also contain other amendments that are closely linked to the Guarantee. Consistent with those amendments in Schedule 2, these other amendments in Schedule 1 will increase flexibility and improve the participant experience.
Read more about Schedule 1 – The Participant Service Guarantee.
The introduction of the Participant Service Guarantee will also involve creating a new NDIS Rule: The Participant Service Guarantee Rule.
2. Improving NDIS processes – Schedule 2
Schedule 2 makes a suite of changes to improve NDIS processes and provide more flexibility to both participants and the National Disability Insurance Agency (NDIA). Several changes place participants more firmly at the centre of processes and decision making, and introduce more inclusive language.
Read more about Schedule 2 – Improvement to NDIS processes.
3. The NDIS at full scheme – Schedule 3
Schedule 3 brings outdated elements of the NDIS Act up to date, to reflect the current status of the NDIS.
As the NDIS has now been implemented throughout all States and Territories, the references to earlier ‘trial’ and ‘transition’ stages of the scheme will be removed.
Read more about Schedule 3 – The NDIS Act at Full Scheme.
What’s not changing
The Bill will not include any of the following measures:
- Independent or functional assessments.
- Changes to reasonable and necessary (section 34).
- Plan budgeting.