Schedule 2, Part 1

The provider definition is rewritten

From 27 August 2026 an NDIS provider is anyone who receives NDIS funding or NDIS amounts, or who delivers disability supports or services outside the NDIS and is prescribed by the rules.

What does the provision require?

The Act repeals the definition of NDIS provider in section 9 and inserts section 10C. A person or entity is an NDIS provider if it receives funding under the arrangements in Chapter 2, or receives NDIS amounts other than as a participant. It is also an NDIS provider if it delivers disability supports or services other than under the NDIS and a National Disability Insurance Scheme rule prescribes that class. A person or entity in a class the rules prescribe is not an NDIS provider.

The definition carries the Act's provider duties. Registration, the conditions of registration, the civil penalty provisions, the record retention duty, the inducement prohibition and the fraud offences all use it. The transitional item keeps rules made under the old paragraph (b)(ii) alive as if made under the new subparagraph 10C(1)(b)(ii). The Crimes Act definition of person with disability is updated to follow the new section.

Why does it matter to an insurer or a provider?

This is the first question an underwriter should ask, and the answer is wider than most insureds expect. An entity that receives NDIS amounts is captured even if it never registered, and the paragraph (b) limb can capture an organisation that provides disability supports outside the scheme once the rules prescribe it. A policy that defines the insured activity by reference to registration alone will not match the statutory definition.

What did the amendment change?

The old definition sat in section 9 and used two limbs, one for funding under Chapter 2 and one for prescribed providers. The Act moves it to its own section, keeps both limbs, and makes the exclusion a matter for the rules. Every cross reference that used the old definition is updated.

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.

Whether the insured receives NDIS funding or NDIS amounts, and under which arrangement
Whether it provides disability supports outside the NDIS and whether a rule prescribes that class
The registration status and any condition on registration
The rules in force at the relevant date, because the paragraph (b) limb depends on them

What should be done before the date?

Add the section 10C test to the underwriting questionnaire, not only the registration question
Check delegated authority wordings that define the insured by registration status
Review any policy that excludes unregistered providers against the wider definition

What the text does not say

The text does not prescribe the classes in paragraph (b) or the excluded classes. Those are in the rules, which are not part of this Act. The Act does not say that an insurer is or is not an NDIS provider; that depends on what it receives and what the rules prescribe.

Where this sits

section 10C, inserted by item 3 in Schedule 2, Part 1, Registration of NDIS providers (items 1 to 7). 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.