On August 22, 2024, the Australian parliament passed legislation that changes the NDIS Act. The NDIS is no stranger to reform, and this amendment heralds the beginning of a new period in NDIS history.
One of the most contentious and well-publicised changes is the definition of NDIS Supports, which includes a temporary list of supports and services that are and are not claimable with NDIS funding.
The NDIA and the federal government have published several announcements and summaries of the amendments to the Act, and we expect this landscape to shift over time. As far as legislation writing goes, this one has gone through very quickly and what may be true one day may change significantly the next as the government responds to public consultation and negotiations with state and territory governments.
NDIS Supports – What you need to know
When the law takes effect, starting the 3rd of October, claims can only be made for supports or services on the published list of NDIS Supports: Draft list of NDIS Support | engage.dss.gov.au
These lists are subject to change and require the creation of a permanent rule within the legislative framework. This will be developed in consultation with state and territory governments.
In the meantime, a transitional rule will be in place, which is the draft list of NDIS Supports.
The effective date is expected to be in mid- to late September 2024.
If an invoice is submitted for a support or service that is on the list of things that are not defined as NDIS supports, it will not be processed without explicit authorisation from a Planner.
Why have these changes been made?
The government has heard from participants that it is often not clear what funding can or cannot be spent on. The purpose of defining a specific list of items that cannot be purchased with NDIS funds is to clarify the existing guidelines. It does not create any new rules.
What about “reasonable and necessary” and “choice and control”?
The reasonable and necessary criteria remain in place and have not changed. By inserting a definition of ‘NDIS support’, the Bill does not tighten the kinds of supports the NDIS will fund. Instead, the Bill clarifies the supports that have always been available under the NDIS to ensure certainty for participants now and into the future.
Participants have choice and control to direct their funding, as long as it is within the bounds of the Plan, which sits within the bounds of the NDIS guidelines.
Read more about the changes on the NDIS website here: Changes to NDIS legislation | NDIS