In Short
- NDIS providers can be registered or unregistered, but only registered providers may deliver services to NDIS-managed participants.
- Written service agreements are best practice, as they clearly set out services, fees, rights and expectations, and help prevent disputes.
- Providers must comply with a wide range of laws, including NDIS rules, State disability laws, Australian Consumer Law, work health and safety, privacy and employment obligations.
Tips for Businesses
Put written service agreements in place even where not mandatory, and ensure your complaints process is clear and responsive. Seek legal advice before registering as a provider so you understand your obligations and can set up compliance systems early to avoid legal and financial risks later.
When starting your NDIS service-providing business, you must consider the many legal risks. Every NDIS participant has an individual plan that lists their goals, the support they will receive and the funding they have been allocated. As a disability service provider, you are providing services to a vulnerable section of the population and are bound to follow the NDIS code of conduct. Additionally, you must comply with the Australian Consumer Law and the disability legislation in your State. This article discusses what it means to be an NDIS provider and the three legal considerations you should make before becoming one.
What is an NDIS Provider
Providers are an important part of the NDIS, delivering support and services that help participants pursue their goals. An NDIS Provider can be:
- registered with the NDIS Quality and Safeguards Commission; or
- unregistered.
It is important to note that only a registered NDIS provider can provide services to NDIS participants who are NDIS managed. While there are rules all providers need to comply with, there are additional requirements that you will have to meet and maintain if you intend to be a registered NDIS provider.
Drawing Up a Service Agreement
If you plan to provide NDIS services, it is only mandatory to have a written service agreement where you provide Specialist Disability Accommodation support. However, it is generally recommended (and best practice) for all providers to have a service agreement, as you may only charge participants for charges they have agreed to. For example, this may include cancellation fees and provider travel. The NDIS Pricing Arrangements and Price Limits (Price Guide) outlines these items.
A service agreement is useful as it will provide more certainty and protection, especially if a dispute arises. The agreement should also outline key terms, including:
- the type of services that you offer and the prices;
- the expectations of the participants and you as a service provider; and
- the rights of participants under the Australian Consumer Law.
Complying With Relevant Laws
All NDIS providers, registered or not, will have to comply with the following:
- the National Disability Insurance Scheme Act 2013 (Cth), the NDIS Rules and the Code of Conduct;
- specific State and Territory disability laws;
- the Australian Consumer Law;
- Work Health and Safety Act 2011 (Cth) and Work Health and Safety Regulations 2011 (Cth);
- employment laws (where you intend to employ individuals to assist in the provision of services);
- taxation laws;
- privacy laws, including the Privacy Act 1988 (Cth); and
- reporting obligations.
Furthermore, if you are a registered NDIS provider, you must comply with additional requirements under the NDIS Act. Therefore, if you plan on being a registered NDIS provider, seek advice to ensure that you meet and maintain the requirements.
Complaints Process
While the goal is to keep each of your customers happy, there will always be the risk that someone will be unhappy with your services. Therefore, it is essential to have a clear complaints process that the participant can follow to raise a complaint if they need. All NDIS providers are expected to provide this to participants.
Ensure that your complaints management and resolution system is proportionate to the size, scale and complexity of the support delivered. You should be able to respond promptly to any complaints you receive. In addition, you should seek feedback on the services you provide.
Before buying a business, it is important to undertake due diligence, to verify the information supplied by the seller. This guide will walk you through the due diligence process.
Key Takeaways
Starting up a new business is an exciting time. Still, it is important to consider if you can meet the necessary legal considerations and ensure that your business will be adequately protected. It is vital to set your business up appropriately from the start.
If you require advice on the NDIS services you intend to provide, our experienced NDIS lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
An NDIS provider delivers support and services to NDIS participants. A provider can either be a registered or unregistered provider.
The National Disability Insurance Scheme Act 2013 (Cth), the Australian Consumer Law and specific State and Territory disability laws will apply. There are also other general laws that you must comply with, including tax, employment, privacy and work, health and safety.
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