C2026A00066NDIS Checker

Schedule 3, Part 5

Two notices, then recovery

From 20 February 2027 the Agency must give an initial notice and then a debt determination notice before recovering a debt, with at least 14 days for an NDIS provider to respond and 28 days for anyone else.

What does the provision require?

New section 182A applies where a debt is due to the Agency under section 182, no arrangement is in place under section 184, and the CEO does not plan to recover it from a bank or other financial institution under section 185. The CEO must give an initial notice stating the date, what gave rise to the debt, the value to be recovered, an invitation to respond in the approved form, the period for a response, contact details and any other prescribed matter. The response period must be at least 14 days for an NDIS provider and at least 28 days for anyone else, unless prescribed circumstances apply.

After that period the CEO must give a debt determination notice. If the debt will not be recovered, the notice must say whether the debt does not exist or whether it will be written off or waived. If it will be recovered, the notice must state the intention to recover, the circumstances and date the debt arose, the outstanding amount, the due date, the repayment options, information about write off and waiver, contact details, how any response was considered, and any prescribed matter. Item 29 raises the amount in paragraph 193(a) from $200 to $500.

Why does it matter to an insurer or a provider?

A debt recovery notice is the point at which a provider's cash position changes and an insurer may be asked whether the policy responds. The two notice structure gives a provider a defined response window and a record of whether its response was considered. Fourteen days is short for a finance team, and the notice must state the repayment options, which is the material an insurer needs to assess the exposure.

What did the amendment change?

There was no prescribed notice process before recovery. The Act adds the two notices, the content of each, the minimum response periods, and the requirement to record how a response was considered. It also raises the small debt threshold in paragraph 193(a).

Suggested evidence

These are the publisher's control suggestions, not statutory requirements. The provision's own requirement is above; an auditor or regulator decides what is sufficient.

  • The initial notice, its date and the response period allowed
  • The response sent within the period and the record of its consideration
  • The debt determination notice and the outstanding amount
  • The repayment arrangement, if one is entered into
  • The write off or waiver decision, where recovery is not pursued

What should be done before the date?

  1. Add a 14 day debt notice response process for provider insureds
  2. Check the policy for a debt or overpayment cover and the notification condition
  3. Record the notice dates in the claims file for any recovery claim

What the text does not say

The text does not say what happens if the CEO gives a defective notice. It does not set an interest rate. It does not say whether a debt may be recovered before the response period ends where the CEO intends to use section 185.

Where this sits

section 182A, inserted by item 28 in Schedule 3, Part 5, Debt recovery (items 28 to 31). Read the official text at https://www.legislation.gov.au/C2026A00066/latest/text. The record was read on 21 October 2026.

Not legal advice; does not certify. This page is a reading of the provision in our own words, not a reproduction of it, and not advice on your own facts.

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