NDIS Legislative Changes in 2024: What You Need to Know

In 2024, the Australian Government introduced significant amendments to the NDIS Act 2013 with the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No 1) Bill 2024. These changes aim to improve how the NDIS operates, offering clearer processes and better support for participants. Passed by Parliament on 22 August 2024, these amendments will take effect on 3 October 2024. Here’s a breakdown of what these changes mean for both new and existing participants.

Key Legislative Changes to the NDIS Act

The changes to the NDIS Act are designed to ensure more accessible, transparent, and effective support for participants. Key amendments include:

• Clarified Access to the Scheme: The legislation now provides clearer guidelines for participants on how they meet NDIS access through either early intervention or disability requirements.

• Enhanced Early Intervention Pathways: There’s a focus on early intervention, especially for children, offering more streamlined support for those needing assistance early in their lives.

• Holistic Assessments: The NDIS will now undertake more comprehensive assessments of participants' disability-related support needs. This is tied to how budgets are set, providing clearer frameworks for how participants’ flexible budgets can be spent.

• Co-Governance Strengthening: The amendments reinforce the role of co-governance between the states, territories, and the NDIS, enhancing collaboration and oversight.

• Auditor Oversight and Legislative Frameworks: Quality oversight will be improved through the NDIS Quality and Safeguards Commission, and a new claims and payments legislative framework will be established.

Many of these changes will be implemented through new NDIS Rules, which will be developed with input from the disability community and state and territory governments.

What the Changes Mean for New Participants

New NDIS participants will experience a more structured entry process. From 1 January 2025, individuals accessing the scheme will be notified whether they qualify through early intervention (Section 25) or permanent disability (Section 24). This will ensure tailored pathways based on the specific needs of each participant.

New participants who enter the scheme before the new planning framework commences will initially receive an ‘old framework plan’. These participants will later transition to the updated planning framework as the new rules come into effect.

What the Changes Mean for Existing Participants

For existing participants, the good news is that there will be no immediate changes to scheme access. However, participants will continue with their current ‘old framework plan’ until the transition to the new framework occurs. During this transition, each participant will receive an impairment notice detailing the impairments that qualify them for support under either the disability or early intervention criteria. These decisions will be subject to internal and external review processes.

Draft List of NDIS Supports

The changes also bring more clarity regarding what constitutes an ‘NDIS support’. Categories like accommodation, assistance animals, employment support, and personal mobility equipment have been clearly defined. Additionally, there are outlined ‘carve outs’, or items that are not classified as NDIS supports. These include things like rent, mortgage repayments, and personal items such as groceries and general household appliances.

Conclusion

The legislative changes to the NDIS in 2024 represent a significant shift towards a more transparent, participant-focused scheme. With clearer pathways for early intervention, improved assessment processes, and enhanced co-governance with state and territory bodies, the NDIS aims to better serve participants' unique needs. As the changes are implemented, both new and existing participants can expect a more refined and supportive experience.

For more information on the specific amendments and how they might affect you, visit the official NDIS website and our team.