Answers
Five questions, answered from the Act
Short answers to the questions this Act raises most often, each with the provision behind it and a link to the full duty page.
- Who counts as an NDIS provider after the 2026 amendment? From 27 August 2026 an NDIS provider is a person or entity that receives NDIS funding or NDIS amounts, other than a participant, or that provides disability supports outside the NDIS in a class the rules prescribe. The rules may also exclude a class of entity.
- Must an insurer tell the NDIS Agency within 7 days? Yes, where the insurer has received a section 109(2) notice. It must write to the CEO about the liability no later than 7 days after it becomes liable to indemnify, or within 7 days after receiving the notice, whichever is later. The civil penalty is 60 penalty units.
- How long must an NDIS provider keep claim records? An NDIS provider must keep records relating to a claim for an NDIS amount, and to the support the claim relates to, for 7 years from the day the claim is made. A participant must keep them for 3 years and any other claimant for 5 years.
- When do the 2026 NDIS amendments commence? The Act commenced in stages. Sections 1 to 4, Schedule 5 and the Act's own review began on 20 August 2026. Most of Schedules 1 to 4 began on 27 August 2026. Further dates are 1 October 2026, 20 November 2026, 1 December 2026, 1 February 2027, 20 February 2027, 1 July 2027 and 1 January 2028.
- Does a compensation scheme stop NDIS access? From 1 January 2028 a person does not meet the alternative support requirements where every impairment they qualify on is excluded. An impairment is excluded if a motor accident or a work related injury caused it and a Commonwealth, State or Territory compensation law provides compensation or benefits for it.