National Disability Insurance Scheme Act 2013
No. 20, 2013
Compilation No. 25
Compilation date: 6 May 2026
Includes amendments: Act No. 41, 2026
About this compilation
This compilation
This is a compilation of the National Disability Insurance Scheme Act 2013 that shows the text of the law as amended and in force on 6 May 2026 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Chapter 1—Introduction
Part 1—Preliminary
1 Short title
2 Commencement
Part 2—Objects and principles
3 Objects of Act
4 General principles guiding actions under this Act
5 General principles guiding actions of people who may do acts or things on behalf of others
6 Agency may provide support and assistance
7 Provision of notice, approved form or information under this Act etc.
Part 3—Simplified outline
8 Simplified outline
Part 4—Definitions
9 Definitions
9A Approved forms
10 Definition of NDIS support
10B Definition of NDIS worker screening law
11 Definitions relating to compensation
11A Definition of key personnel
11B Definition of serious contravention
Part 5—Ministerial Council
12 Ministerial Council functions etc.
Chapter 2—Assistance for people with disability and others
13 Agency may provide coordination, strategic and referral services etc. to people with disability
14 Agency may provide funding to persons or entities
15 Agency may provide information
16 Agency may assist in relation to doing things under Chapter
17 National Disability Insurance Scheme rules
Chapter 3—Participants and their plans
Part 1A—Principles
17A Principles relating to the participation of people with disability
Part 1—Becoming a participant
18 Person…
Overview
The National Disability Insurance Scheme Act 2013 was enacted by the Australian Parliament to establish a scheme designed to provide coordinated, person-centred support to Australians with permanent and significant disabilities. The Act aims to give effect to Australia's obligations under international conventions, such as the Convention on the Rights of Persons with Disabilities, and to provide a nationally consistent approach to the funding and delivery of disability supports, thereby supporting the independence and social and economic participation of people with disability. This legislation was created to address the gap in comprehensive, coordinated support for people with disabilities, ensuring they have access to the necessary services and resources to live fulfilling lives. The Act also facilitates the development of a nationally consistent regulatory framework to ensure the quality and safety of disability services, and establishes institutions to oversee the scheme, including the National Disability Insurance Agency and the NDIS Quality and Safeguards Commission.
Scope and Application
The National Disability Insurance Scheme Act 2013 establishes the framework for the National Disability Insurance Scheme (NDIS) in Australia. It applies to all Commonwealth entities, including the National Disability Insurance Agency (the Agency) and the NDIS Quality and Safeguards Commission (the Commission). The Act also applies to participants and prospective participants of the NDIS, including individuals and entities who provide or wish to provide supports and services to participants. The Act aims to give effect to Australia’s obligations under international conventions and to support the independence and social and economic participation of people with disability. The legislation governs the provision of reasonable and necessary supports, funding mechanisms, quality assurance, and the regulation of NDIS providers. It mandates the establishment of the NDIS, which provides funding for supports to eligible participants, and sets out the principles, rights, and obligations of participants, providers, and other stakeholders. The Act is subject to intergovernmental agreements, with certain provisions requiring the agreement of host jurisdictions before coming into effect. The Act extends to all states and territories of Australia, ensuring a coordinated national approach to disability support. Exemptions and exclusions are minimal, with most provisions applying broadly to ensure the integrity and effectiveness of the NDIS. Subordinate instruments, such as the National Disability Insurance Scheme rules, may further define and refine the application of the Act, but these rules must be agreed upon by relevant jurisdictions as stipulated in the Act.
Key Provisions
- The National Disability Insurance Scheme Act 2013, as amended, provides the legislative framework for the National Disability Insurance Scheme (NDIS). The Act sets out the objects and guiding principles of the NDIS, including the rights of people with disabilities to receive supports that enable them to participate in society and achieve their goals. The Act establishes the National Disability Insurance Agency and the NDIS Quality and Safeguards Commission as the key bodies responsible for administering the NDIS. It also establishes the NDIS Provider Register and sets out the registration requirements for NDIS providers.
- The main provisions of the Act require the Agency to facilitate access to the NDIS for eligible participants, prepare individual plans setting out the supports to be provided, and manage the funding of those supports. The Act imposes obligations on participants to comply with their plans and on providers to meet registration and quality standards. It also contains provisions to protect the privacy and security of personal information held by the Agency and Commission.
- Registered NDIS providers must comply with the registration requirements set out in the Act, including undergoing a worker screening check and complying with the NDIS Code of Conduct. They must also maintain records and provide information to the Commission as required. The Act establishes a system of quality assurance, complaints management, and enforcement to ensure the delivery of high quality, safe, and sustainable supports under the NDIS.
- There are various offences and penalties for breaching the Act, including civil penalty provisions for serious contraventions and infringement notices for less serious breaches. The maximum civil penalties for serious contraventions are 10,000 penalty units ($1.7 million) and for infringement notices are 60 penalty units ($10,000). Criminal offences carry a maximum penalty of imprisonment for 2 years and/or a fine of 120 penalty units ($20,000). The Act also provides for banning orders, anti-promotion orders, and the ability to seek injunctions and enforceable undertakings in certain circumstances.
- Area of Law
- Disability Law
- Administrative Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Licensing & Registration
- Enforcement Powers
- Civil Penalty Provisions
- Regulatory Standards
- Protection of Participant Rights