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 commenced on 3 October and is now part of the National Disability Insurance Scheme Act 2013 (NDIS Act).

It provides the framework for new rules to make the NDIS better, fairer and more sustainable.

For more information about changes to the NDIS Act:

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.

The National Disability Insurance Agency will support you through the changes every step of the way. You can visit their website - Changes to NDIS legislation | NDIS

This page will also help you understand what you need to know now:

  • what’s changing
  • when changes will happen
  • where you can get more information.

Changes to NDIS supports

From 3 October 2024, there is a new definition of NDIS supports. The Government has released the lists of what NDIS participants can and cannot spend their funding on.

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.

For more information:

If you’re unsure, there are a few things you can do:

  • read the NDIS Supports list on the NDIA’s Our Guidelines website.
  • speak to your Local Area Coordinator, Early Childhood Partner or Support Coordinator
  • if you’re still unsure, call the NDIA on 1800 800 110.

We asked for your feedback on what goods and services should be NDIS supports via the Draft List of NDIS Supports consultation.

A report on the consultation is now available on DSS engage.

Section 33 changes

Changes to the NDIS Act introduce funding amounts, funding components and funding periods and allow the Minister to make a determination under section 33(2E), that sets out how funding in a participant’s plan will be determined.

The new National Disability Insurance Scheme (Old Framework Plans) Determination 2024 (Section 33 Determination) sets out what things the NDIA needs to consider when they are working out:

  • how to categorise a participant’s supports into groups, and
  • the funding period

To find out more about the section 33 determination:

Miscellaneous Provisions Transitional instruments

The Miscellaneous Provisions Transitional Rules provide for a number of transitional arrangements. To access the legislative instruments for Miscellaneous Provisions visit the Federal Register of Legislation via the links below.

Impact on reviews in the Administrative Review Tribunal 

We have updated our fact sheet to help people understand how changes to the NDIS Act will impact on with NDIS appeals currently before the Administrative Review Tribunal.

It has been updated to take into account important updates that have occurred since the previous version was published.

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 published 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.

Subscribe to updates on the NDIS reforms

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:

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