NDIS legislation

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New NDIS legislation

You may have heard that a bill has passed through parliament that will change the way the NDIS works and what you can spend your funds on.

The bill was passed on August 22, 2024. It was called the “Getting the NDIS back on track” bill. The bill makes changes to the NDIS legislation that allows the NDIA to change to some of the rules.

Some of the changes will be introduced over time as the government works out what they will be. Some rules came into effect on 3 October 2024.

A young woman with curly blond hair using a power wheelchair. A young man in a red shirt and shorts is pushing the wheelchair up a ramp in the back of a green van.

New NDIS Support lists

From 3 October 2024, the NDIA have started using new lists that describe what is and isn’t an NDIS support. You can use the lists to make sure you are spending your NDIS funding on the approved supports.

The new lists can be found here.

Replacement supports

In some circumstances you might be be able to get permission from the NDIA to use a replacement support. For example, if there is an everyday item, like a smartwatch or a phone app, that would serve the same purpose as something on the NDIS supports list, you can apply for permission to buy the everyday item.

What happens if something I buy is not on the approved list?

If you buy something that isn’t on the NDIS Supports list, and it hasn’t been approved as a replacement support, the NDIA might ask you to pay the money back.
 
For the first 12 months (until 3 October 2025) while everyone is adjusting to the new rules, the NDIA will only ask you to pay the money back if the cost is more than $1,500, or if they’ve already warned you twice about buying non-NDIS supports. If the purchase is over $1,500 the NDIA will look at whether you made the purchase by mistake or didn’t know it was banned. They will also think about your disability when deciding if the debt should be canceled.
 

Foundational Supports

More than 5.5 million people with disability live in Australia, but only about 660,000 have access to the NDIS. 

Federal and state governments are now working together to introduce new supports that will fill the gap between mainstream services (which are not always accessible) and NDIS supports. They are calling these “Foundational Supports”.

Foundational Supports were one of the recommendations from the NDIS Review. 

You can read about the NDIS Review’s recommendations here. 

A young boy with olive skin and short brown hair wearing yellow floaties in a swimming pool. He is leaned back and kicking, smiling at something off to his right.
A young woman with fair skin and brown hair tied back in a ponytail wearing a knitted pink jumper. She has Down Syndrome. She is in a classroom of people studying and is twisted in her seat to grin at the camera behind her.

There will be two types of Foundational Supports:

General supports

General Supports will be for people with disability under 65 years and their families, caregivers and kin. They might include:

The government is currently consulting on General Supports. 

Targeted supports

Targeted supports will be more personalised. They will be focused on helping certain groups of people that are not accessing, or not eligible for, the NDIS.

Targeted Supports will be consulted on at a later date. We will keep you posted. 

Short survey on Foundational Supports

CYDA is currently running a short survey to find out what our community wants from foundational supports, and how you are feeling about the changes. 

Budget amounts and funding periods

If an NDIS plan is reviewed after 3 October 2024, the new plan will be shown as a total budget amount (current plans show line by line supports).

For now, all new plans created after 3 October 2024 will be 12 months. In the future, some plans will be longer than this. 

Where to find more information

The NDIA have shared some information about the new changes, and how they will affect participants. 

(The webchat function is up the top of the page.)

The NDIA have set up a hotline for people who want to know more about the new changes. Once you have called the general number above, press 1 to get to the hotline.

You can follow the NDIA on social media for updates