Independent review of the NDIS Act

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The Australian Government has commissioned an independent review of the National Disability Insurance Scheme Act 2013 (NDIS Act), as required under Section 208 of the NDIS Act. In accordance with this legislative requirement, the Commonwealth and state and territory disability ministers agreed that Ernst & Young (EY) conduct the review.

Purpose and scope of the review

The purpose of the review is to assess the operation of the NDIS legislative framework (comprising the NDIS Act and the NDIS Rules) and develop recommendations as to whether any improvements can be made to better support the objectives and principles of the NDIS Act. The Terms of Reference for the review, as agreed by Ministers, require that the review consider:

  1. The operation of the NDIS Act in furthering its Objectives and Principles
  2. If the NDIS Act can be simplified
  3. If the NDIS Act can be amended to increase the efficiency of the NDIS’s administration, including providing greater clarity around access requirements
  4. If the NDIS Act can be amended to ensure that NDIA has the required capacity to control costs
  5. Whether parts of the NDIS Act could be refined, removed or replaced for the purposes of more effective regulation (including de-regulation where appropriate)
  6. If the NDIS Act can be amended to ensure it interacts appropriately with other legislation, including State and Territory legislation
  7. Any interim or final recommendations for legislative change from other reviews
  8. Any other matter relevant to the general operation of the NDIS Act.

Importantly, the scope of this review is limited to the legislative framework. It does not extend to include a review of the NDIS itself, the National Disability Insurance Agency (NDIA), or the scope of other commissioned reviews, whether completed, in progress or planned for future, other than to draw from their results and lessons learnt.

Stakeholder consultation and the Discussion Paper

Stakeholder engagement will be central to the review process. EY will rely on stakeholder feedback to inform its findings and recommendations.

A key means by which EY proposes to engage with stakeholders is through a Discussion Paper (available for download on the right-hand side of this screen). The purpose of the Discussion Paper is to prompt feedback from stakeholders (through written submissions) on the key questions that the review is seeking to address.

The Discussion Paper is structured thematically; covering the key elements of legislative framework. The final section of the document provides stakeholders the opportunity to raise issues in relation to the operation of the NDIS Act that are not covered in this Discussion Paper.

Submissions to the Discussion Paper were sought by 9 October 2015. The submission period is now closed.

For a copy of the Discussion Paper, please email NDISActReview@au.ey.com.

Report on the Independent Review of the NDIS Act A copy of EY’s final report (external link) can be found the Department of Social Services’ (external) website.

Published Date: 

15 September 2015