NDIS in motion features news about recent announcements, reminders and updates across the NDIS sector.
In this edition, we cover:
- National Disability Insurance Scheme Amendment (Integrity and Safeguarding) Bill 2026.
- The Australian Competition and Consumer Commission’s observations of consumer issues in the NDIS market.
- NDIS Quality and Safeguards Commission’s timetable for mandatory registration for supported independent living providers and platform providers.
- A recent decision of the Federal Court of Australia about funding ‘reasonable and necessary supports’.
Regulatory matters
Integrity and safeguarding
The National Disability Insurance Scheme Amendment (Integrity and Safeguarding) Bill 2026 (the Bill) is aimed at strengthening the integrity of the Scheme and the safety of its participants.
The Bill proposes the introduction of the following amendments to the NDIS Act, which are aimed at strengthening the powers of the NDIS Quality and Safeguards Commission (the Commission) to detect, prevent and respond to breaches of obligations under the National Disability Insurance Scheme Act 2013 (Cth):
- A new and strengthened penalties framework and powers.
- New criminal offence provisions for providers who provide supports that must be provided by registered NDIS providers.
- Stronger information gathering powers, which will enable the Commissioner to access necessary information more quickly to better safeguard participants.
- A new power to issue an anti-promotion order.
- Additional categories of persons who can be subject to a banning order.
The Bill also proposes several amendments that are relevant to the National Disability Insurance Agency (NDIA). These include stronger safeguards for participants who decide to withdraw from the NDIS by introducing a new 90-day cooling-off period and the introduction of a new electronic payments system to improve the integrity of the Scheme.
The proposed electronic payments system would require NDIS providers to lodge payment claims using the NDIA’s online systems and other digital channels. This will help ensure that all claims are subject to risk detection systems, reduce the current manual handling of ‘off-system’ claims, improve security, speed up processing and reduce error.
The Bill was referred to the Senate Community Affairs Legislation Committee (the Committee) on 27 November 2025 for inquiry and report. The Committee released its report in March 2026 recommending that the Bill be passed. Access the Committee’s report.
The Bill passed both Houses on 1 April 2026.
New registration requirements
In late 2025, the Australian Government announced the introduction of mandatory registration requirements for Supported Independent Living (SIL) and platform providers.
From 1 July 2026, every SIL and platform provider will be required to be registered with the Commission to provide these types of NDIS-funded supports. They will also be subject to (among other things):
- high quality standards
- independent audits
- suitability assessments
- complaints and incident management requirements
- notification requirements
- worker screening checks.
The Commission will provide information webinars and written guidance on transition arrangements in 2026, to ensure providers have adequate time to prepare for mandatory registration. Read the announcement and learn more about the mandatory registration requirements.
ACCC observations and concerns
In February 2026, the Australian Competition & Consumer Commission (ACCC) released a report outlining its observations and concerns about consumer issues arising in the NDIS. The report aims to:
- Educate businesses operating in the NDIS market about behaviours that may breach the Australian Consumer Law (ACL).
- Help NDIS participants, their carers, guardians and advocates, to learn about their consumer rights under the ACL when accessing NDIS supports and services.
- Provide an overview of the ACCC’s work in relation to the NDIS.
The ACCC’s report confirms that it has increased its focus on NDIS markets through the Fair Pricing and ACL Taskforce (the Taskforce), which consists of the ACCC, the NDIA and the Commission. Since the establishment of the Taskforce, the ACCC commenced regulatory action against several businesses, including NDIS providers. Those actions have included:
- Issuing infringement notices to businesses that breached the ACL by making false or misleading claims. Two different businesses suggested that their products were endorsed by the NDIS by using terms like ‘NDIS approved’, ‘NDIS-registered product’, ‘NDIS consumables’, ‘NDIS assistive technology’, ‘NDIS equipment’ or ‘NDIS permitted’.
- Instituting legal proceedings in the Federal Court of Australia against an NDIS provider for alleged breaches of the ACL.
- Accepting a court enforceable undertaking in relation to an admission by an NDIS provider that its standard form contract included unfair contract terms.
The NDIA has also confirmed that it does not endorse or approve products or services, and that ‘NDIS-approved’ style claims may be a breach of the ACL and could trigger a regulatory response. See the NDIA’s logo guidelines.
In addition to false or misleading advertising, the ACCC’s concerns in the NDIS market include:
- consumer guarantee issues
- issues with provider contracts
- charging for services not supplied
- concerns in Specialist Disability Accommodation (SDA)
- First Nations NDIS participants
- scams affecting NDIS participants.
See the ACCC’s media release or read the ACCC’s full report.
Clarifying NDIS supports funding criteria
Chief Executive Officer of the National Disability Insurance Agency v Eastham [2026] FCA 147
The Federal Court recently dismissed an appeal by the NDIA and confirmed that a participant was entitled to funding for a mobility scooter. The Court held that section 34(1)(aa) of the NDIS Act does not require a participant’s qualifying impairment to be the sole cause of the need for the support. A contributory causal link is sufficient.
The Court also found that a mobility scooter is a ’motorised mobility device’ and therefore capable of being an NDIS support.
This decision reinforces a practical and common-sense approach when assessing whether NDIS supports meet the ’reasonable and necessary’ criteria.
What’s next
- The Bill will receive Royal Assent and become law shortly. We will continue to monitor this and provide further updates.
- SIL and platform providers should be aware of the Commission’s Regulatory Reform Roadmap and Reform Pathway and get ready to meet the new mandatory registration requirements by mid-2026.
- Providers are encouraged to review their marketing practices to ensure compliance with the ACL.
Please contact us if you would like to arrange a time to discuss the amendments introduced by the Bill and how they might impact your business or any of the other matters above.