Under Section 13/13A of the NDIS Act, you must formally notify the Quality and Safeguards Commission (QSC) of certain changes to your business.
Notification must be given to the QSC at the time of the change or as soon as practicable afterwards.
Providing notification forms part of the conditions of an NDIS registration. It is particularly pertinent when the changes could affect your ability to provide services and supports.
Types of changes you need to notify to the QSC
Notification of changes can be submitted through the NDIS Commission portal. You need to notify any changes to:
Location: Such as adding a new office or outlet, or making the shift to a different geographical area.
Contact details: Including any changes to your physical address, email address, and/or phone numbers.
Services or supports: Any changes in the services or supports delivered from any of your outlets, including new premises. In this case you may need to deregister from services you will no longer be offering, and/or register for new services.
Key personnel changes: Any significant changes in governance arrangements – appointing a new CEO or director for example. You must also notify the QSC if you become aware of events affecting the suitability of key personnel – such as an indictable offence, or disqualification from managing corporations.
Business trading changes: Includes any changes to your business structure, a change in trading or legal entity name, or a change of ABN or ACN.
Events affecting supports or services: Any event that could impair your ability to deliver services and supports to participants or to meet your registration requirements must be reported. This includes increased wait times, worker shortages, a decision not to accept new participants or ending of a service.
Financial changes or problems: Such as inability to meet payroll for two consecutive periods, legal proceedings, bankruptcy or receiving a statutory demand for recovery of a debt.
Sale, merger or transfer: Applies when you intend selling, merging or transferring ownership of all or part of your business. Note that you may need to alter your registration to align with any business changes prior to the sale or transfer.
Changes to operations: This includes significant changes to the number of participants, or any reduction in staff numbers that could affect services. Any significant expansion or reduction in the scope of your business must also be reported.
Key considerations for formal notifications
When providing notifications, you will need to demonstrate or explain the following:
- The ways in which the changes could affect your supports and services.
- How you will prioritise participants’ choice and control over their own plans.
- How you intend to support participants when closing services or when selling your business. This includes providing adequate notice to participants and supporting them in finding a new provider.
FOR MORE INFORMATION
RSM can help you simplify the process of managing and reporting NDIS business changes. Please get in touch with us to find out how.