NDIS Compliance

Registered and Unregistered NDIS Providers have a new and evolving regime of compliance requirements, governed by the NDIS Quality and Safeguards Commission. 

The compliance requirements of the NDIS impact all areas of your business, from Board oversight through to service provision, participant engagement, and record-keeping.

NDIS legislative requirements 

In today's rapidly evolving regulatory environment, businesses operating within the NDIS framework face numerous challenges. Understanding the current operating landscape, recognising the risks and costs of non-compliance, and leveraging expert assistance are crucial for success.

Current operating landscape

The NDIS compliance landscape is characterised by stringent regulations and increased enforcement. Key areas of focus include:

• Civil Penalties Policy: Breaches in the Code of Conduct for pricing can result in significant fines, ranging from $78,250 for individuals to $391,250 for corporations, per day.
• Advertising Compliance: There is heightened scrutiny on the marketing of NDIS services, with penalties for misleading participants, misuse of the NDIS logo, and false representations of goods and services as NDIS-approved.
• Service Agreements: These must include detailed information about the supports and services provided, prices, duration, and issue resolution processes, all in compliance with NDIS rules.
• Invoicing and Claims: Invoices must contain specific details, and there is a crackdown on provision of mandatory evidence for claims and correct invoicing.
• Evidence and Records: Providers must retain and provide documentation as evidence of support delivery when requested, in line with current legislation and fraud control measures.
• Payroll Compliance: Ensuring compliance with award and payroll regulations is critical for businesses operating within the NDIS framework. The SCHADS award, which sets out the minimum pay rates, entitlements, and working conditions for employees in the social and community sector, is complex and undergoing review and changes resulting from legal challenges. 

Risks to businesses and cost of failure to comply

Non-compliance with NDIS regulations can have severe consequences for businesses, including:

• Financial Penalties: significant fines for breaches in pricing conduct and late lodgement of reports.
• Reputational Damage: misleading advertising and false representations can lead to loss of trust and credibility.
• Operational Disruptions: non-compliant service agreements and invoicing practices can result in operational inefficiencies and legal challenges.
• Legal Liabilities: failure to maintain proper evidence and records can expose businesses to legal risks and penalties.