NDIS provider registration – the current state of play

There’s a heck of a lot going on in the National Disability Insurance Scheme (NDIS) at the moment and we’d be willing to bet that most providers are feeling a touch overwhelmed by it all.

But no matter how frenetic the hustle and bustle of the Scheme and the sector becomes, there are some business-critical actions that can’t be put to one side – and getting your head around the current state of play with NDIS provider registration is one of them.

Right now, the decision to register with the NDIS Quality and Safeguards Commission (the NDIS Commission) is voluntary. There are a few exceptions – like plan managers, Specialist Disability Accommodation providers, specialist behaviour support providers, and anyone implementing restrictive practices – but other than that, providers get to choose if they want to register.

But that’s about to change.

A potted history of NDIS provider registration

In December 2023, the NDIS Review handed down its final report – Working together to deliver the NDIS. The report made 26 recommendations with 139 actions to change the system that supports people with disability.

One of the key recommendations made by the Independent Review Panel (Recommendation 17) was to: ‘Develop and deliver a risk-proportionate model for the visibility and regulation of all providers and workers, and strengthen the regulatory response to long-standing and emerging quality and safeguards issues.”.

In February 2024, the Australian Government established the NDIS Provider and Worker Registration Taskforce, with a remit to provide advice on the design and implementation of the regulatory model recommended by the NDIS Review.

In August of that year, following consultation with 2270 people – including participants and providers, and organisations supporting people with disability – the Taskforce released its advice.

Among its 11 recommendations and 10 implementations actions were:

1. Not all providers should be registered – e.g. providers who support self-directed participants
2. Registration should be based on risk – with four types of registration recommended, based on the types of support being offered:
   • Advanced Registration – providers offering high-risk supports and services in high risk settings (e.g. daily living supports in closed settings, like group homes)
   • General Registration – providers offering medium-risk supports like high intensity daily personal activities, supports that need extra skills and training (e.g. complex bowel care or injections), and supports where there’s a lot of one-on-one contact with people with disability
   • Self-Directed Support Registration – participants, their guardians or legal representatives who contract all their supports directly, including through direct employment, Services for One and independent contractors
   • Basic Registration – providers offering lower-risk supports (e.g. sole traders or supports where social and community participation involves limited one-on-one contact with people with disability)
3. Platform providers should be registered
4. All providers of Supported Independent Living (SIL) and Home and Living supports should have Advanced Registration

The Taskforce was clear in its position on protecting choice and control for participant, recommending ways to support participants to register themselves for self-directed supports, including:

• having their support providers automatically registered and visible to the NDIS Commission
• putting self-directed supports in a new category, to be reviewed and audited to make sure people are safe and have quality supports
• people with a disability being involved in co-designing the registration and audit process

The Taskforce’s advice, its final consultation report, FAQs, and fact sheets for participants, providers and workers can be found here.

In September 2024, the Australian Government announced that registration of all platform providers, support coordinators and SIL providers would become mandatory ‘as a priority, to strengthen the quality and safety of supports’.

Although there are initially three categories of providers earmarked for mandatory registration, it’s expected more will be added once the initial changes are introduced.

What's next?

In October 2024, the NDIS Commission commenced consultation with platform providers, support coordinators and SIL providers. Further information about the consultation process can be found on the NDIS Commission website.

Summary reports arising out of the consultation are expected to be published this month, and current advice is that the transition to mandatory registration will start no earlier than 1 July 2025.

There’s not a lot of detail available at this stage, and our best suggestion is that providers closely watch this space.