Summary of legislation changes

Section 21 

Separate pathways 

When you apply to access the NDIS, the NDIA will consider, decide and tell you if you have met the disability requirements, early intervention requirements, or both. 

This change supports the creation of new participant pathways, for example, for participants who will benefit from early intervention. 

For further information refer to the new Applying to the NDIS guideline .

This impacts people applying to access the NDIS. 

Now: We will tell you how you’ve met access to the NDIS – that is, whether you have met the disability or early intervention requirements. This will not change how you experience the NDIS until the new participant pathways are designed in the future. 

Later: You’ll be supported by the relevant participant pathway depending on how you meet access to the NDIS.  

This applies to access requests made on or after 3 October 2024.

Section 24 

Disability requirements 

Disability requirements have been updated to clarify that a person should only access the NDIS if they require supports which are NDIS supports.   

This makes it clearer when a mainstream system is responsible for providing support.

For further information refer to the new Applying to the NDIS guideline .

This impacts: 

• people applying to access the NDIS 
• existing participants upon eligibility reassessment. 

Now: There will be clearer guidance for prospective participants and access delegates about the supports available under the NDIS.

Section 25 

Early intervention requirements 

Early intervention requirements have been updated to clarify that a person should only access the NDIS if they require supports which are NDIS supports. 

This makes it clearer when a mainstream system is responsible for providing early intervention support. 

For further information refer to the new Applying to the NDIS guideline .

This impacts: 

• people applying to access the NDIS 
• existing participants upon eligibility reassessment. 

Now: There will be clearer guidance for prospective participants and access delegates about the supports available under the NDIS. 

Section 19 

Limit on making new access request 

If you have your status as a participant revoked and request a review of that decision, you cannot make another access request until your review is complete. 

For further information refer to the new Applying to the NDIS guideline  and Leaving the NDIS guideline .

This impacts people applying to access the NDIS. 

Now: You can apply to access the NDIS again if we decide or are taken to have decided that you don’t meet the access criteria, but only after your review is complete. 

Section 34 

Supports for impairments

The NDIS will only fund NDIS supports for the impairments that meet the disability or early intervention requirements, or both.

For further information refer to the new Reasonable and necessary supports guideline .

This impacts participants at planning and using their plan for plans approved or varied after the law starts.

Now: NDIS supports in your plan must relate to your impairments that meet the disability or early intervention requirements, or both.

Section 32BA

Impairment notices 

Participants will receive an impairment notice when they meet access to the NDIS or transition to new framework plans. This will list their impairment(s) in relation to which they met the disability and/or early intervention requirements.

For further information refer to the new Creating your plan guideline .

This impacts people applying to access the NDIS. 

Later: Impairments are clearly identified and communicated as part of access and planning. 

Current participants will receive a notice of impairment(s) prior to their transition to new framework plans 

Section 10 

NDIS supports

Introduces a definition of NDIS supports – supports that can be funded by the NDIS and declared by the NDIS rules to be NDIS supports.  

A replacement rule will enable participants to request a replacement support that is not an NDIS support (in individual circumstances) so they can claim and use that support.

For further information refer to What does NDIS fund? (the lists) and Principles we follow to create your plan .

This impacts all participants. 

Now: You can only spend your NDIS funds on NDIS supports. This change will impact access and planning decisions and funding acquittal practices. 

Section 44 

Plan management decision 

When deciding your plan management type we need to consider if you or your nominee have been convicted of an offence punishable by 2 years or more or involving fraud or dishonesty.

For further information refer to the new Guide to self-management and Creating your plan guideline .

This impacts participants who self-manage. 

Now: The NDIA may change the way your plan is managed.

From 3 October 2024, when the laws start.

Section 44 

Plan management decision 

The NDIA can consider changing your plan management type in certain circumstances, including if we think: 

• you 
• your nominee  
• your plan manager  
• a child representative 

Are unlikely to spend your NDIS funds properly relating to:  

• NDIS supports and  
• in line with your plan.

This impacts participants who self-manage or use a registered plan manager. 

Later: The NDIA may change the way your plan is managed.

Section 33 

Total funding amounts, funding component amounts and funding periods. 

Plans approved after the law comes into effect will have total funding amounts, funding component amounts and funding periods.  

This clarifies the amount of funds available in the plan and how long the funds need to last.

For further information refer to the new Your plan guideline .

This impacts participants (existing and new) upon new plan approval – it will not be retrospectively applied to all plans.

Now: You will need to spend within the funding amount in a given funding period.  

For now, funding periods will be 12 months. This will not reduce your total plan funds. 

Later: There may be more variability in the length of funding periods, however funding periods can be no longer than 12 months. 

Section 47A 

Plan variations  

Specific changes can be made to your plan without needing to create a new one.

For further information refer to the new Changing your plan guideline .

This impacts participants who have a new plan created after the law comes into effect – a plan with total funding amounts, finding components and funding periods.  

Now: If your plan has funding amounts and funding periods, these can be varied in some circumstances.

Section 30 

Information gathering for deciding whether to revoke participant’s status 

The NDIA can request specific information or require you to do certain things like undergo an assessment if we are considering revoking your status as a participant.

If you do not comply with the request within a reasonable time, the NDIA may revoke your access to the NDIS.

For further information refer to the new Leaving the NDIS guideline .

This will impact participants if the NDIA is considering revoking their status as a participant. 

Now: If you don’t provide requested information within the timeframe, your access to the NDIS may be revoked. More time can be allowed if this is reasonable. 

From 3 October 2024, when the laws start.

Section 30A 

Eligibility reassessment 

This will impact participants who undergo eligibility reassessment. 

Later: The Rules may set out circumstances in which particular cohorts undergo eligibility reassessments. 

Implementation timing to be confirmed

Section 45A

Claims and payments framework 

This impacts all participants and providers from commencement. 

Later: All claims must be made within two years of providing the support. 

From 3 October 2024, when the laws start.

Section 32K

New planning framework 

This will impact participants who have transitioned to new framework plans.  

Now: There is no impact until the new planning framework is created.  

Later: Existing participants will transition to new framework plans over time. 

Section 32L

Support needs assessment 

Under the new planning framework, participants will undergo a needs assessment which records their whole-of-person disability support needs.  

The NDIS will fund needs which arise from the impairments in relation to which a participant meets the disability requirements and/or the early intervention requirements. 

This will impact participants who have transitioned to new framework plans. 

Now: There is no impact until the support needs assessment process is created. 

Later: Existing participants will transition to new framework plans over time.