Disability advocates voice concerns about new NDIS provider regulations

Key points:

• The Australian Government has announced that providers, including support coordinators, must be registered as the first step to improving NDIS regulation 
• Eighty percent of recent complaints to the NDIS Commission were made by a person with disability or their support person, according to the latest NDIS Quarterly Performance Report
• People With Disability Australia representatives have commented on the importance of ensuring Australians with disability are involved in the decision-making process

The Australian Government has recently announced that providers of National Disability Insurance Scheme services will be more tightly regulated, however, this leaves disability advocates unsure about the impact on NDIS participants. 

The new regulations are based on 11 recommendations made by the NDIS Provider and Worker Registration Taskforce that was established in February 2024. 

In early 2024, this taskforce sought the views and opinions of Australians, including people with disability, disability support workers and advocates, about the recommendations. 

NDIS Minister Bill Shorten highlighted that changes based on the recommendations will be made immediately and with input from Australians with disability.

“The taskforce made several recommendations on a new regulatory model that will require co-design with the disability community, including mandatory registration for platform and Supported Independent Living providers and support coordinators as our first change,” he said. 

“The commission will progress rule changes to mandate registration for support coordination, platform providers and Supported Independent Living. Consultation on these changes will commence in October. 

“The new rules will allow for a period of transition to the new mandatory registration arrangements.”

The importance of establishing a greater regulation process could mean that services are better tailored to people with disability and that the quality of care improves.

Eighty percent of recent complaints to the NDIS Commission were made by a person with disability or their support person according to the latest NDIS Quarterly Performance Report.

However, People With Disability Australia President Marayke Jonkers has raised concerns regarding the fast pace at which new provider regulations are expected to be established and actioned.

“We’ve already seen NDIS providers and support workers exiting the market because of uncertainty, pricing volatility and market barriers,” she said.

“We know many providers are struggling to keep their doors open, especially in rural and regional areas where providers are already thin on the ground. We don’t want to see no options [sic] for participants or people being turned away by providers under understandable pressure.”

Between April and June 2024, 84 providers were refused registration with the NDIS compared to 9,759 refusals in the previous quarter. 

Deputy Chief Executive Officer of People With Disability Australia Megan Spindler-Smith highlighted that while progress to improve the NDIS is evident, people with disability still need to be at the centre of the decision-making process. 

“The taskforce’s recognition of centring people with disability’s will and preference when it comes to deciding which providers are the right fit for our needs was welcome,” she said.

“Under this proposal, we’re concerned overregulation could trump participants’ capabilities when it comes to making decisions about their supports.”

Approximately 661,270 Australians are active NDIS participants. 

In addition to the new provider regulations, the taskforce recommended that providers engage with the risk framework involving safeguards such as worker screenings and allowing NDIS participants to employ their workers directly.

More information about the NDIS Provider and Worker Registration Taskforce and the associated recommendations is available on the Department of Social Services website. 

What are your thoughts on the new provider regulations?

Let the team at Talking Disability know on social media. 

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