NDIS legislation
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New NDIS legislation
In 2024, a bill passed through parliament that changes the way the NDIS works and what you can spend your funds on.
The bill was passed on August 22. 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.
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?
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.
There will be two types of Foundational Supports:
- General Supports
- Targeted Supports
General supports
General Supports will be for people with disability under 65 years and their families, caregivers and kin. They might include:
- information and advice
- support with self-advocacy
- access to peer supports
- capacity building
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.
New rules under development in 2025
This year, the Federal government is working with states and territories to develop new rules for the NDIS. These cover management of funding, and plan variation and reassessments.
Management of funding rules
NDIS participants have the right to ask for their plan to be managed by a particular person or in a particular way.
The NDIA must accept these requests unless the Act or rules give them a reason not to, like if it would create an unreasonable risk to a participant.
New management of funding rules add detail to support the NDIA’s decision-making.
Variation and reassessment rules
Other new rules set out when the NDIA can change or reassess a plan. They describe what the NDIA has to consider when making these decisions.
Currently, participants can ask for their plan to be varied or reassessed at any time. The NDIA can also decide to vary or reassess a plan at any time.
Variations are changes made without replacing the plan.
Reassessments are when the NDIA creates a whole new plan with a new end date.
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.)
