Responsibility: Australian, state and territory governments
Joint Response: Accept in principle
Status: Further work required
What has been achieved to date
All governments remain committed to working together to progress this recommendation.
The NDIS Quality and Safeguards Commission (NDIS Commission) is undertaking a review of Commissioner-made NDIS Rules and NDIS Practice Standards, which have not undergone a comprehensive review since their introduction. This review will consider the recommendations of the Disability Royal Commission.
What the Disability Royal Commission said in the final report
The Minister for the National Disability Insurance Scheme should, in consultation with states and territories, amend the National Disability Insurance Scheme (Incident Management and Reportable Incidents) Rules 2018 (Cth) to:
a) introduce ‘class or kind’ determinations exempting certain registered providers from notifying less serious types or categories of reportable incidents where they have demonstrated a satisfactory level of competence in managing and investigating incidents.
b) enable the NDIS Quality and Safeguards Commission to conduct audits to assess compliance with class or kind determinations.
Joint Government response July 2024
The Australian Government and state and territory governments support in principle the NDIS Quality and Safeguards Commission (NDIS Commission) having access to ‘class or kind’ determinations to enable it to effectively manage the volume of reportable incidents it receives.
The NDIS Commission will work with people with disability and the NDIS sector to determine an approach to ‘class or kind’ determinations where a satisfactory level of competence in managing and investigating incidents has been demonstrated by providers. Strategies for assessing compliance by the NDIS Commission will be included in considerations.
The NDIS Commissioner is able to amend the National Disability Insurance Scheme (Incident Management and Reportable Incidents) Rules 2018 (Cth) in consultation with states and territories.
In addition, the Australian Government has established the NDIS Provider and Worker Registration Taskforce to provide advice on the design and implementation of the new graduated risk-proportionate regulatory model proposed in the NDIS Review Final Report. The Taskforce will provide a report with advice and recommendations to Government in mid2024. Final decisions on the registration model may have implications for the response to this recommendation.
More recommendations
View progress on other recommendations made by the Royal Commission.