National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2016
made under section 209 of the
National Disability Insurance Scheme Act 2013
Compilation No. 2
Compilation date: 27 March 2019
Includes amendments up to: National Disability Insurance Scheme Amendment (Specialist Disability Accommodation) Rules 2019 – F2019L00406
About this compilation
This compilation
This is a compilation of the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2016 that shows the text of the law as amended and in force on 27 March 2019 (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. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
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.
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. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
Part 1 What these Rules are about
Part 2 Outline of these Rules
Introduction
Outline
Part 3 Eligibility for SDA
SDA assessment criteria
Materials that may be used in assessment
Part 4 Determining the SDA type and location
Determining the design category
Determining the building type
Determining the location
Participants already residing in SDA who wish to stay there
Support coordination
Part 5 Specifying SDA in a participant’s plan
Specifying the provider or dwelling
Interaction with National Disability Insurance Scheme (Plan Management) Rules 2013
Plan reviews
Part 6 Requirements for SDA to be funded
Division 1General Requirements
The participant resides in the dwelling
Division 2 Enrolment of dwellings by registered providers of supports
Density restriction
Part 7 Registration of SDA providers who are registered providers of supports
Introduction
Requirement for SDA providers to be registered
Additional criteria for approval as a registered provider of supports
Additional requirements for registered providers providing SDA
Revocation of approval
Part 8 Other matters
Citation
Interpretation
Part 1 What these Rules are about
1.1 Each participant in the NDIS will have a plan, prepared in conjunction with the participant and approved by…
Overview
The National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2016, enacted in 2017, were introduced to address the gap in providing specialist housing solutions for participants with extreme functional impairments or very high support needs within the National Disability Insurance Scheme (NDIS). These rules, formulated under section 209 of the National Disability Insurance Scheme Act 2013, delineate the criteria for eligibility, assessment, and funding of Specialist Disability Accommodation (SDA) for NDIS participants. The rules aim to ensure that SDA is provided in a manner that supports the independence, social and economic participation, and overall quality of life for individuals with disabilities, aligning with the broader objectives and principles of the NDIS. The policy objective is to facilitate the provision of high-quality, innovative supports that enable people with disabilities to maximise their independent lifestyles and full inclusion in the community, while also considering the financial sustainability of the NDIS.
Scope and Application
The National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2016, made under section 209 of the National Disability Insurance Scheme Act 2013, apply to participants in the National Disability Insurance Scheme who require Specialist Disability Accommodation (SDA) due to extreme functional impairment or very high support needs. These Rules detail the criteria for determining eligibility for SDA, specify the types and locations of SDA, and outline the requirements for providers of SDA. Eligible participants must meet specific assessment criteria, which include having an extreme functional impairment that necessitates an SDA response or very high support needs best met by SDA. The Rules also establish design categories and building types for SDA, along with the necessary conditions for the enrolment of dwellings by registered providers. Furthermore, they mandate that SDA providers must be registered and comply with additional criteria and requirements, including adherence to all relevant laws and ensuring compliance among their employees and contractors. The Rules extend their application through subordinate instruments, such as the National Disability Insurance Scheme (Registered Providers of Supports) Rules 2013, which set out broader criteria and requirements for registered providers. The geographic reach of these Rules is national, applying across all jurisdictions in Australia, including host jurisdictions that are not participating jurisdictions. There are no stated exclusions or exemptions within these Rules; however, they do not replace or modify any of the other NDIS Rules, except where explicitly indicated.
Key Provisions
- The National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2016 set out the criteria for determining eligibility for Specialist Disability Accommodation (SDA) and the conditions under which SDA can be funded. According to the Rules, a participant is eligible for SDA if they have an extreme functional impairment that requires SDA or very high support needs that are most appropriately met by SDA. The CEO must determine the appropriate design category, building type, and location for SDA based on the participant's specific needs. To be funded, SDA must be provided by a registered provider of supports or a registered NDIS provider, and the dwelling must be enrolled and meet certain conditions. Failure to comply with these requirements can result in the revocation of a registered provider's approval. There are no specified offences, penalties, or civil/criminal consequences for breach of these Rules. However, the CEO may conduct a review of a participant's plan if they are residing in SDA that does not meet the criteria for funding, and may adjust the amounts funded for particular SDA types and locations over time.
- Area of Law
- Disability Law
- Instrument
- Legislative Instrument
- Concepts
- Definitions & Interpretation
- Regulatory Standards
- Licensing & Registration
- Enforcement Powers
- Compliance Obligations
- Reporting & Disclosure Obligations