{"id":"F2018L00628","name":"National Disability Insurance Scheme (NDIS Provider Definition) Rule 2018","slug":"national-disability-insurance-scheme-ndis-provider-definition-rule-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":100045,"registerId":"commonwealth-F2018L00628-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Preamble","sectionType":"section","heading":"Preamble","content":"#### Preamble\n\n  (1) The National Disability Insurance Scheme (NDIS) represents a fundamental change to how supports for people with disability are funded and delivered across Australia. The NDIS was designed to produce major benefits for people with disability, their families and the broader community.\n  (2) The NDIS Quality and Safeguards Commission is responsible for a range of functions under the National Quality and Safeguarding Framework aimed at protecting and preventing harm to people with disability in the NDIS market. The Commission will build the capability of NDIS participants and providers to uphold the rights of people with disability and realise the benefits of the NDIS. The legislation underpinning the NDIS is intended to support participants to be informed purchasers and consumers of NDIS supports and services and to live free from abuse, neglect, violence and exploitation.\n  (3) The National Disability Insurance Scheme (NDIS Provider Definition) Rule 2018 extends the jurisdiction of the NDIS Quality and Safeguards Commission under the definition of NDIS provider to cover providers of supports or services to older people with disability who are receiving continuity of supports under either the program known as Commonwealth Disability Support for Older Australians or the program known as the Commonwealth Continuity of Support Programme relating to Specialist Disability Services for Older People. The people receiving these supports and services were found to be ineligible for the NDIS at the time of transition in their State or Territory due to age.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the National Disability Insurance Scheme (NDIS Provider Definition) Rule 2018.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under the National Disability Insurance Scheme Act 2013.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  In this instrument:\n\n> Act means the National Disability Insurance Scheme Act 2013.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Definition of NDIS Provider—continuity of support","content":"#### 5 Definition of NDIS Provider—continuity of support\n\n  For the purposes of subparagraph (b)(ii) of the definition of NDIS provider in section 9 of the Act, a person or entity who is providing supports or services to older people with disability who are receiving continuity of support under either of the following programs is prescribed:\n    (a) the program administered by the Commonwealth and known as Commonwealth Disability Support for Older Australians;\n    (b) the program administered by the Commonwealth and known as the Commonwealth Continuity of Support Programme relating to Specialist Disability Services for Older People.\n\n> Note 1: The National Disability Insurance Scheme Rules may require that specified classes of supports are to be provided only by NDIS providers who are registered to provide those classes of supports: see section 73B of the Act.\n\n> Note 2: A person prescribed by this section to be an NDIS provider may apply to be a registered NDIS provider in relation to the provision of services or supports to people with disability other than under the National Disability Insurance Scheme: see subsection 73C(2) of the Act.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Definition of NDIS Provider— ILC program funding recipient","content":"#### 6 Definition of NDIS Provider— ILC program funding recipient\n\n  For the purposes of subparagraph (b)(ii) of the definition of NDIS provider in section 9 of the Act, a person or entity who is the recipient of funding under the program administered by the Commonwealth and known as the Information, Linkages and Capacity Building Program and provides services or activities under that program is prescribed.","sortOrder":5}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This Rule expands the statutory scope of who counts as an 'NDIS provider' by expressly prescribing providers serving older people under two Commonwealth continuity-of-support programs and by prescribing ILC funding recipients who deliver ILC services (ss 5–6). Mechanically, it brings those providers under the Commission's oversight and may trigger registration or class-of-support requirements under ss 73B–73C of the Act, shifting regulatory obligations and administrative costs onto those providers."},"complexity_factors":["Short, focused instrument that prescribes two classes of persons as NDIS providers (ss 5–6) — low structural complexity.","Depends on cross-references to the National Disability Insurance Scheme Act 2013 (notably the definition in s 9) which requires readers to consult primary legislation.","Notes refer to ss 73B and 73C of the Act, creating conditional registration and supply‑class rules that add interpretive and compliance complexity.","Terminology requires program-specific interpretation (named Commonwealth continuity programs and the ILC program), which may create factual inquiry for coverage.","Effects are largely consequential (registration, quality and reporting obligations) rather than setting new procedural detail in the Rule itself.","Potential overlap with state/territory transition arrangements and past eligibility determinations for older persons could require case-by-case application."],"plain_english_summary":"This Rule adds two groups to the Act's definition of “NDIS provider”: providers who support older people with disability receiving Commonwealth continuity-of-support programs, and recipients of Information, Linkages and Capacity Building (ILC) funding who deliver ILC services. Those providers become subject to the NDIS Quality and Safeguards Commission.\n\nThey may need to register and comply with NDIS quality, reporting and conduct requirements, shifting oversight and administrative costs to those providers (see ss 5–6; notes on ss 73B–73C)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: extending the definition of NDIS provider to capture specific non-NDIS program providers for regulatory oversight purposes. The preamble explicitly states this intent, and the operative provisions deliver exactly that—no scope creep is evident."},"complexity_factors":["Extremely short instrument—only 6 sections including name and authority provisions","Single defined term ('Act') in the interpretation section","No cross-references to other legislation beyond the enabling Act and two straightforward notes referencing sections 73B and 73C","Simple operative mechanism: two categories of persons/entities 'prescribed' by reference to specific program names","No conditional logic, exceptions, or nested provisions","Purpose and effect clearly stated in preamble and operative provisions without technical drafting"],"plain_english_summary":"This rule broadens the NDIS provider definition to include organisations delivering “continuity of support” services to older people with disability (who were ineligible for NDIS due to age) and recipients of Information, Linkages and Capacity Building (ILC) funding. \n\nAs a result, these providers fall under the NDIS Quality and Safeguards Commission’s oversight and must meet its quality and safety standards—extending protections to older people with disability and ensuring ILC-funded activities are regulated."}},"importantCases":[],"_links":{"self":"/api/acts/national-disability-insurance-scheme-ndis-provider-definition-rule-2018","history":"/api/acts/national-disability-insurance-scheme-ndis-provider-definition-rule-2018/history","analysis":"/api/acts/national-disability-insurance-scheme-ndis-provider-definition-rule-2018/analysis","conflicts":"/api/acts/national-disability-insurance-scheme-ndis-provider-definition-rule-2018/conflicts","importantCases":"/api/acts/national-disability-insurance-scheme-ndis-provider-definition-rule-2018/important-cases","documents":"/api/acts/national-disability-insurance-scheme-ndis-provider-definition-rule-2018/documents"}}