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 Pricing Arrangements
Registered and Plan Managed NDIS participants are required to comply with the terms and conditions of the NDIS Pricing Arrangements and Price Limits.
We provide advisory services to registered and unregistered NDIS providers on costing and pricing, and setting fees that are competitive and compliant with the NDIS pricing arrangements.
We are experienced in working with complex environments that claim and bill across private, health, aged care, and other schemes.
NDIS Section 13/13A Notifications
Registered NDIS Providers are required under the NDIS rules, to notify the QSC of changes to their provider status, key personnel, corporate structures, and major changes to workforce and participant supports.
If you have any major changes in your corporate structure, such as the purchase or sale of all or part of your NDIS business, contact our specialist team for support and advice on your NDIS compliance requirements and assistance with making the appropriate Section 13/13A notifications regarding these changes and events.
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:
Significant fines for breaches in pricing conduct and late lodgement of reports.
Misleading advertising and false representations can lead to loss of trust and credibility.
Non-compliant service agreements and invoicing practices can result in operational inefficiencies and legal challenges.
Failure to maintain proper evidence and records can expose businesses to legal risks and penalties.
How RSM can assist
RSM offers comprehensive support to help businesses navigate the complexities of NDIS compliance. Our services include:
Our team has extensive experience and expertise in NDIS regulations, ensuring your business stays compliant and up-to-date with the latest requirements.
We provide guidance on adhering to the NDIS price guide and regulations, helping you avoid costly penalties and operational disruptions.
By streamlining compliance processes and ensuring accurate payroll and award compliance, we help you achieve greater operational efficiency and focus on delivering exceptional services to your clients
We help you identify and mitigate potential risks, reducing the likelihood of financial penalties, reputational damage, and operational disruptions.
We offer support in managing and resolving complaints, ensuring your business maintains a positive reputation and strong customer relationships.
Our services are provided under legal privilege, offering an added layer of protection and confidentiality for your business.