National Disability Insurance Scheme Act 2013

Who can become a participant

A person becomes a participant by meeting the access criteria in the Act, including either the disability requirements in section 24 or the early intervention requirements in section 25. The 2024 amendments allow the NDIA to limit repeat access requests (section 19) and to request information to check whether a participant still meets the criteria (section 30). People who applied from 1 January 2025 are told which of their impairments met the criteria (section 32BA), so that funded supports can be linked to those impairments.

The Securing the NDIS for Future Generations Act 2026 changes access for new applicants from 1 January 2028. Decisions will use a standardised functional capacity assessment, a more consistent test of whether an impairment is permanent or can be treated, and a more consistent check of access to other compensation schemes, such as workers compensation. Children aged 8 and under with developmental delay or autism and low to moderate support needs will be supported through the Thriving Kids program rather than the NDIS. Existing participants will be reassessed over 3 years, and access will not change before 1 January 2028.

What the NDIS funds

Section 10 defines NDIS supports, and rules made under it set out what the scheme will and will not fund. Supports must also be reasonable and necessary and, under section 34, relate to the impairments that met the disability or early intervention requirements. The statement of participant supports in the plan, under section 33, sets funding amounts and funding periods. These provisions took effect on 3 October 2024, which is why a support can be refused because it is not an NDIS support, even if it would help.

Under the 2026 amendments, unspent funds stop rolling over at plan renewal from 1 February 2027, and a tighter test of reasonable and necessary supports applies to new entrants first. From 1 April 2027 participants begin moving to new framework plans under section 32D. These plans contain a flexible budget and a small number of stated supports, with the budget set using a support needs assessment under section 32L. The assessment informs the size of the budget. It does not decide whether a person can access the scheme.

Plans, changes and claims

Plan variations are made under section 47A and reassessments under section 48. Since 27 August 2026, an unscheduled reassessment can only be requested by the participant, their plan nominee or, for a child, the child's representative, and only in the circumstances set out in section 48A. The NDIA has 90 days to decide, and no decision by then counts as a refusal. Section 45A deals with claims, and sections 43 and 44 set who can self-manage funding. From 1 December 2026, claims must be made within 90 days of the support being provided, down from 2 years. New section 45B sets record keeping periods for claims: 3 years for participants, 5 years for nominees and 7 years for providers.

Plan management and support coordination are also changing. From 1 October 2027, participants who use a plan manager will need one from a government panel, with a transition period for anyone using an off-panel manager. From 1 July 2028, support coordination will no longer be funded in individual plans. It will be delivered by providers funded directly for a new support coordination and connection service, and participants will choose from those providers.

Providers, registration and pricing

The Act requires some providers to be registered with the NDIS Quality and Safeguards Commission (section 73B), and NDIS rules set the classes of supports this applies to. It also provides for the NDIS Practice Standards (section 73T) and the NDIS Code of Conduct (section 73V). Registration became mandatory for supported independent living and digital platform providers from 1 July 2026. The government plans to expand it from 1 July 2027 to providers of higher risk supports such as personal care and daily living supports, with all in-scope providers to be registered by December 2030.

The 2026 amendments gave the Minister the power to set NDIS price limits. Section 45C allows the Minister to determine maximum amounts for NDIS supports, and the first determination took effect on 24 September 2026. The same Act added civil penalties, new fraud offences, a ban on inducements and kickbacks from 20 November 2026, stronger whistleblower protections from 1 July 2027 and record keeping obligations for providers. The separate Integrity and Safeguarding Act 2026, which received Royal Assent on 8 April 2026, gave the Commission more power to detect and respond to breaches.

Checking what is in force

Because the changes are staged, the Act on the Federal Register of Legislation can include provisions that have passed but have not yet started. The register shows the latest compilation and lists amendments that are not yet incorporated. The NDIA and the Department of Health, Disability and Ageing publish timelines for each measure. Before relying on a provision for a participant decision or a provider claim, check its start date. For serious matters, such as an access refusal or a compliance notice, get advice from a disability advocate or a lawyer.

Questions people ask about the National Disability Insurance Scheme Act 2013

• Will my child still be eligible for the NDIS after the 2026 changes?
• What is the difference between an NDIS support and a reasonable and necessary support?
• When do new framework plans and support needs assessments start?
• Who can ask for a plan reassessment, and how long does the NDIA have to decide?
• Will I need to register as a provider from 1 July 2027?
• How long do providers have to submit a claim after a support is delivered?