The National Disability Insurance Scheme (NDIS) in Australia has undergone significant legislative changes, with the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Act 2024 coming into effect 3 October 2024. These changes apply in all states and territories, including Queensland.

Prosecution and Penalties

The National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Act 2024 introduces significant changes to prosecutions and penalties for NDIS providers and individuals involved in the scheme.

Key aspects include:

  1. Increased maximum penalties for providers who harm NDIS participants, rising from $400,000 to over $15 million.
  2. New criminal offences to deter unscrupulous behaviour and prevent harm to people with disabilities.
  3. The NDIS Quality and Safeguards Commission now has the power to refer providers for criminal prosecution, particularly for serious failures to comply with registration conditions.
  4. Expanded scope of banning orders to include individuals operating in critical areas such as auditing and consulting activities.
  5. Stricter regulatory requirements and stronger penalties for those violating NDIS rules.

Budget Amounts and Funding Periods

After October 3, 2024, when a participant’s plan is reviewed, they will receive a new plan with a total funding amount instead of line-by-line supports. This change aims to provide clarity on the total available funding and its duration. Initially, new plans will have a 12-month duration, with the possibility of longer periods in the future.

Reassessment Process

The legislation clarifies the process for reassessing participant status, ensuring a more streamlined approach to determining ongoing eligibility and support needs.

Spending Restrictions

Participants are now required to spend money only on NDIS supports and in accordance with their plan. This change aims to ensure that funding is used appropriately and effectively.

Transition Period

While the changes took effect on 3 October 2024, not all changes will be implemented simultaneously. The National Disability Insurance Agency (NDIA) has committed to supporting participants through these changes, providing information and guidance as new aspects of the legislation are rolled out.

These changes aim to significantly increase protections for scheme participants and workers while improving the quality of supports. The legislation aligns penalties for harming NDIS participants with those for harming workers under workplace health and safety laws. The reforms are designed to keep dishonest providers out of the NDIS and ensure higher standards of support and services for participants over time.

Our team are experts in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.