What's Changing? A Summary of NDIS Legislation

Legislation Changes

24th Sep 2024 | Read Time: 2 mins

 

The Getting the NDIS Back on Track No. 1 Bill 2024 has been the hot topic of 2024 as everyone seeks to understand the reforms and their knock-on effect. We have created a  summary of the key changes to keep Plan Managers informed, and important links to further information.

Getting the NDIS Back on Track Bill Overview

The 'Getting the NDIS Back on Track No 1 Bill 2024' was introduced into Parliament in March 2024. There have been 2 senate inquiries with 6 days of hearings, over 500 submissions, and approximately 30 amendments since the Bill was first introduced. The Bill passed the Australian Parliament on 22 August 2024, and certain elements will come into effect as early as 3rd October 2024.

Key Changes

  • Access Decisions: Clarification for Participants with the NDIA providing information on whether access was met through early intervention or disability requirements.
  • Needs Assessment: A process to assess a participant’s disability related support needs and how NDIS participant budgets are set. This will be developed through co-design
  • NDIS Supports: A new definition of 'NDIS Supports' provides a clearer definition for all participants of the authorised supports that will be funded by the NDIS and those that will not. View the list here.
  • New Framework Plans: If a participant’s plan is reviewed after 3 October 2024, they will receive a New Framework Plan. Previous plan will be defined as Old Framework Plans.
    New Framework Plans will have a total budget amount for all supports in their plan, and will clearly explain the funding period that applies. Unspent funds will roll-over between funding periods within the same plan, but future funding cannot be brought forward.
    Participants will know how much funds they have, what amount for what component, and how long the funds need to last, and will not be able to spend more than what is available in their plan.
    Note: There are no changes to NDIS Budget API's and therefore no changes to Planability until further notice.
  • Eligibility Reassessments: The NDIA will have the ability to request information for eligibility reassessment (e.g. when children turn 9). Participants will have at least 90 days to do so. 
  • Plan Management Decisions: Additional powers for the NDIA to decide how plan funds are managed, considering previous spending amounts, spending in line with the plan, and the level of risk to the Participant. If risks are identified, the NDIA may not support a participant’s request to self-manage or use a registered plan manager.
  • Claims and Payments Framework: The NDIA will work towards detailing what is required for a valid claim and when the NDIA can pay. This includes mandating that all claims must be made within 2 years of providing the support. There will be a 12 month window to allow for old claims to be submitted before this is introduced.

More Information

There are a few key pages we suggest you bookmark to keep updated on changes and ensure you are informed:

- Department of Social Services 'Changes to the NDIS Act' (Don't forget to Subscribe for updates)

- Department of Social Services 'Frequently Asked Questions'

- NDIS 'Changes to NDIS Legislation' (Overview)

- NDIS 'Summary of Legislation Changes' (More Detailed)

- NDIS 'Supports List'

- NDIS 'Frequently Asked Questions'

- NDIS are holding information sessions throughout October and November. Register to join one here.

As things develop in the coming weeks and months, we'll be updating our Plan Managers through our Plan Managers Advocacy Group. It's free for ALL Plan Managers, and provides you with tailored updates and suggestions for Plan Management.


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