Registered Providers Operational Guideline - Becoming a registered provider of supports

6. Becoming a registered provider of supports

6.1 Applicants who meet the criteria for approval

The NDIA will approve an application to be a registered provider of supports where it is satisfied that a person or organisation (an applicant) meets the criteria for approval as a registered provider of supports.

A person or organisation only becomes a registered provider of supports within the NDIS once an application is formally approved by the NDIA.

6.2 Approval must be by written instrument and may contain limits

An approval of a person or organisation as a registered provider of supports must be by written instrument (section 70(2)).

The instrument may specify that the person or organisation is a registered provider of supports in respect of:

  • a class of supports specified in the instrument (section 70(3)(a)); or
  • a class of person specified in the instrument (section 70(3)(b)).

The instrument may specify that it ceases to be in effect on a specified day (section 70(4)).

If no end date is specified in the instrument, the registration continues indefinitely, unless it is revoked by the NDIA.

6.3 Applicants who do not meet the criteria for approval

An application to be a registered provider of supports will not be approved where the NDIA is not satisfied that a person or organisation (an applicant) meets the criteria for approval as a registered provider of supports.

A decision by the NDIA to refuse to approve a person or organisation as a registered provider of supports is a reviewable decision (section 99 item 7).

The NDIA must notify a person or organisation in writing of the decision to refuse to approve them as a registered provider of supports, including a statement to the effect that the person or organisation may request that the NDIA review the decision (section 100(1) – (1A)).

Under the NDIS Act, a person or organisation who the NDIA determined did not meet the criteria for approval is not precluded from making a new application in the future.

6.4 Requirements for registered providers

To maintain their registration, registered providers of supports must comply with the obligations described in the Registered Providers of Supports Rules.

A registered provider of supports must notify the NDIA if:

  • a complaint has been made to a responsible authority (External website) (external) about the standard, effectiveness or safety of the provision of supports by the provider, or an employee or contractor of the provider, and the authority has taken action as a result of the complaint (other than a decision not to investigate the complaint)(rule 4.1(a) of the Registered Providers of Supports Rules);
  • the provider, or an employee or contractor of the provider, has been the subject of adverse action by a responsible authority (External website) relating to their provision of supports or management of the funding for supports, regardless of whether those supports are provided or funded under the Act (rule 4.1(b) of the Registered Providers of Supports Rules);
  • the provider, or an employee or contractor of the provider, has been the subject of adverse action by a responsible authority (External website) in respect of an approval (External website) held by the provider (rule 4.1(c) of the Registered Providers of Supports Rules);
  • the provider becomes an insolvent under administration (rule 4.1(d) of the Registered Providers of Supports Rules);
  • the provider becomes aware that it has failed to comply with an employment or workplace health and safety law that applies to the provider, including, for example, the Fair Work Act 2009 if that Act applies to the provider (rule 4.1(e) of the Registered Providers of Supports Rules);
  • the provider becomes aware that a contractor engaged for the provision of supports or the management of funding for supports has failed to comply with an employment or workplace health and safety law that applies to the contractor in that provision or management (rule 4.1(f) of the Registered Providers of Supports Rules); or
  • the provider becomes aware that the provider or an employee or contractor of the provider has failed to comply with a law:
    1. that applies to the applicant and its staff in the provision of supports or the management of funding for supports (as the case requires); and
    2. the contravention of which is punishable by a criminal penalty (rule 4.1(g) of the Registered Providers of Supports Rules)
  • the provider must notify the NDIA of the matter as soon as possible after becoming aware of the matter (rule 4.2 of the Registered Providers of Supports Rules).
  • If rule 4.1(a) applies, the provider must also notify the NDIA of the action that the provider takes in relation to the complaint, for example to resolve or address the complaint (rule 4.3 of the Registered Providers of Supports Rules).
This page current as of
18 July 2019