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What Are My Obligations as a Registered Provider of NDIS Services?

If you decide to provide NDIS services, the next step is to consider whether you will provide them as an unregistered or registered provider. It is important to note that unregistered providers still need to comply with various obligations. Whether you are an unregistered or registered provider will rest on several considerations. This includes the type of service you would like to provide, how your clients’ plans are managed and the cost of registering and maintaining registration with the NDIS. You must be registered if you intend to deliver specialist disability accommodation or work with complex clients who require restrictive practices as part of behaviour management. 

This article will set out some requirements you must comply with as a registered provider of NDIS services. An organisation or an individual can apply to the NDIS Quality and Safeguards Commission (NDIS Commission) to become a registered provider.

Benefits of Being a Registered Provider

Some of the benefits of being a registered provider include:

  • working with clients who are NDIA managed;
  • being able to deliver services that are restricted to registered providers (provided you are registered for those services); and
  • accessing benefits offered by the NDIS Commission, such as training modules. 

Obligations as a Registered Provider

Registered providers need to adhere to several legal obligations, such as: 

  • registering your business with the NDIA; 
  • meeting the relevant audit requirements; 
  • adhering to all relevant NDIS legislation, including the NDIS Code of Conduct and the NDIS Practice Standards; 
  • complying with the NDIS Pricing Arrangements and Price Limits (also known as the Price Guide); 
  • having robust internal complaints and incident management processes; and 
  • complying with the Australian Consumer Law and any applicable state-specific legislation.

Some of the above obligations will also apply to non-registered providers. All providers will also need to check whether relevant laws apply in each state concerning specific services they deliver, such as any applicable disability-specific acts. If providers intend to provide housing support, they must also comply with housing and rental legislation.

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Registration 

To become a registered provider, you must complete a registration form available on the NDIS Commission’s website. If your application is approved, you will need to organise a quality audit by an approved auditor. If you pass the audit and become a registered provider, you must maintain your registration and undertake subsequent audits for the renewal application. 

When applying for registration, you will need to provide the following:

  • details of your business;
  • the services you intend to provide; 
  • complete a self-assessment against the required standards; and 
  • declare your suitability as a provider. 

In particular, if you plan to deliver behaviour support, you will need to check the NDIS Commissions’ National Implementation Program page for when applications will be received for the state or territory where you are based. 

When your registration has been approved, you must ensure that you comply with the conditions stated on your registration certificate. 

Audits 

You will need to undergo an audit against the NDIS Practice Standards to apply for or renew registration with the NDIS Commission. There are two types of audits, a ‘verification’ or ‘certification’ quality audit. Generally, providers requiring a verification audit deliver lower-risk support and services, while a certification audit is for providers delivering higher-risk support and services. 

The NDIS Commission will advise you of the type of audit you require based on the registration group that you fall under. However, you are responsible for engaging an approved quality auditor to assess your compliance with the NDIS Practice Standards. 

NDIS Worker Screening

It is mandatory for registered providers to ensure that key personnel and workers in certain types of roles (i.e. risk assessed roles) have a worker screening clearance that meets the requirements of the NDIS Practice Standards. Therefore, workers will have to apply for an NDIS Worker Screening Check through a state or territory agency where they are based.

As a registered provider, you are responsible for identifying which roles are risk-assessed roles. Additionally, you must ensure that your workers have the necessary clearances before working. That said, depending on the laws in each state or territory, there may be certain circumstances a worker may begin to work in a risk-assessed role once they have applied, provided the worker is in the ‘process of obtaining a clearance’. If this is applicable, you must ensure that a person appropriately supervises the worker with an NDIS working clearance. 

Key Takeaways 

As a registered provider, there are additional obligations that you will have to adhere to. Certain obligations like the Code of Conduct will apply to unregistered and registered providers. Ultimately, whether you decide to become a registered provider will depend on various factors.

If you require legal assistance, 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 

What are the benefits of being a registered NDIA provider?

The benefits include being able to deliver services to NDIA-managed participants as well as providing certain services restricted to registered providers. 

What are the obligations of a registered NDIA provider?

The obligations include complying with the conditions of registration, fulfilling worker screening requirements and undergoing the relevant audits required by the NDIS Commission. 

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Shauna Ng

Shauna Ng

Lawyer | View profile

Shauna is a Lawyer in LegalVision’s Corporate and Commercial and Regulatory and Compliance teams. She assists a diverse range of clients in drafting and reviewing their agreements and also provides regulatory and compliance advice in various areas as required. Shauna has a particular interest in health-related services, including NDIS services.

Qualifications: Bachelor of Laws (Hons), Flinders University, Bachelor of Accountancy, Nanyang Technological University.

Read all articles by Shauna

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