National Disability Insurance Scheme (NDIS Provider Definition) Rule 2018

Preamble

(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. (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. (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.

1 Name

This instrument is the National Disability Insurance Scheme (NDIS Provider Definition) Rule 2018.

3 Authority

This instrument is made under the National Disability Insurance Scheme Act 2013.

4 Definitions

In this instrument:

Act means the National Disability Insurance Scheme Act 2013.

5 Definition of NDIS Provider—continuity of support

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: (a) the program administered by the Commonwealth and known as Commonwealth Disability Support for Older Australians; (b) the program administered by the Commonwealth and known as the Commonwealth Continuity of Support Programme relating to Specialist Disability Services for Older People.

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.

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.

6 Definition of NDIS Provider— ILC program funding recipient

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.