Schedule 2, Part 6

The deed of arrangement and the conflict rule

A registered plan management provider must have a deed of arrangement with the Agency covering integrity, staff, claims, systems and related parties, must not provide other NDIS supports, and commits a civil penalty of 250 penalty units if it manages funding without the deed.

What does the provision require?

New section 73EA provides that registration to manage plan funding is available only where a deed of arrangement that meets the requirements is in force with the Agency. The deed must include standards and processes for integrity and governance with reporting to the Agency, standards for staff and key personnel, requirements for handling and submitting claims including identity and support verification, standards for information and communications technology and systems, and requirements about related parties, and about how conflicts of interest are handled and divested.

A related party is a relative within the Corporations Act meaning, an associated entity within that Act, or a circumstance the rules prescribe. The Agency must keep a public register. New section 73EB makes it a contravention, at 250 penalty units, for a registered plan management provider to manage plan funding without a deed in force. Subsection 73E(2B) stops a person being registered both as a plan manager and as a provider of other supports, and a new condition in section 73F(2)(j) says the same. The transitional item allows the Commissioner to revoke an existing registration where no deed is in place. It suspends the section 73EB civil penalty for six months for a provider nominated in a statement of supports, and suspends the section 73F(2)(j) condition for six months for any NDIS provider that was a registered plan management provider immediately before commencement.

Why does it matter to an insurer or a provider?

Plan management is a separate regulated business from support delivery, and the conflict rule ends the common model where one entity does both. For an insurer this changes the risk profile of plan management liability: the deed creates direct reporting obligations to the Agency, the claims verification duty sits on the plan manager, and related party dealings must be disclosed and divested. A policy that treats plan management as a low risk administrative activity should be re rated.

What did the amendment change?

Registration as a plan manager previously sat inside the general registration provisions. The Act gives it a separate section, requires a deed, separates it from support provision, adds a conflict rule and a public register, and creates a civil penalty for managing funding without a deed.

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 deed of arrangement, its date and the standards it contains
The claims verification process, including identity and support verification
The related party register and the conflict management plan
The registration and the conditions that apply
The public register entry
For a transitional provider, the statement of supports that nominates it and the six month period

What should be done before the date?

Confirm whether the insured is registered as a plan manager and whether a deed is in force
Check the related party register and the divestment plan
Re rate plan management liability for the deed reporting duty
Diarise the proclamation date, because the Part may commence before the fallback

What the text does not say

The text does not set the deed terms; it lists the matters the deed must include and leaves the content to the arrangement. The commencement day is not fixed in the Act, so the 1 September 2028 date is a fallback, not a certain date.

Where this sits

sections 73EA and 73EB, inserted by items 97 and 98 in Schedule 2, Part 6, Registered plan management providers (items 90 to 101). 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.