Amendment: Provider Registration and Practice Standards
The NDIS (Provider Registration and Practice Standards) Amendment (2019 Measures No. 1) Rules 2019 was just released. The Amendment will see some changes to the NDIS (Provider Registration and Practice Standards) Rules 2018. We have written a summary about what you should know from the Amendment. Some of the resulting changes could significantly benefit some providers.
Changes to definitions
The Amendment includes changes and expansions to some definitions. The most relevant is the expansion of definition of 'worker.' Previously a worker was defined as ‘a person employed or otherwise engaged by a NDIS registered provider.’ A worker now also includes individuals whose normal duties:
include the direct delivery of specified supports or services to a participant, or
are likely to have more than incidental contact with participants.
Certification audit assessment proportionality
There is more guidance on the extent of the Certification audit. The legislation states that the assessment must be proportionate to:
the size of the provider or applicant;
and the scale of the provider or applicant in regard to the physical area and number of locations where the service will be provided; and
the scope and complexity of the supports or services.
Giving the Commissioner notice of certain changes and events
There has been an expansion of the changes and events where providers must give the Commissioner notice. Providers must notify the Commissioner if there is a change to their contact details. They must also notify the Commissioner if there is a change in their scale relating to the supports or services they are registered to provide.
Providers must also notify the Commissioner of various events. There is an extensive list of these events, many of which focus on events in an organisation that may impact the delivery of services and supports. There are extensive details of these changes and events. If you would like the specifics it is worth reading the Amendment.
Midterm Audit for certain providers
Providers who qualify for a certification audit assessment are eligible for a mid-term audit. This will occur no later than 18 months after the beginning of their period of registration.
Please note this does not apply to:
providers that are partnerships/sole traders
providers registered for only Module 3 (Early Childhood Supports) or Module 5 (Specialist Disability Accommodation)
transitioned providers.
Changes to audit requirements for bodies corporate
A major change is the repeal of requirements for providers that are bodies corporate. Bodies corporate will undergo audit based on their registration group requirements rather than organisational structure. Bodies corporate can now be assessed under verification if they provide low risk registration groups only. If you are unsure of what this means for you, it is worth looking at Part 6 of the Provider Registration and Practice Standards.
These amendments are effective from 1 January 2020. Updated reporting requirements will apply from this date for all registered providers. Please note that assessments of bodies corporate commenced before 1 January 2020 will ignore the repeal of requirements.
It is expected that more details on the Amendment will be released by the NDIS Commission soon. To better understand the changes to the audit, we will need to see what changes are made to the NDIS (Approved Quality Auditors Scheme) Guidelines 2018. The changes to the audit contained in the Amendment are especially significant. They should help reduce the costs associated with the audit, and allow for all providers to have a fair assessment. We will continue to keep you updated on any further information and changes regarding this Amendment.