National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020

Overview

The National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020 was enacted to provide a framework for specialist disability accommodation (SDA) within the National Disability Insurance Scheme (NDIS). These rules were made under the authority of the National Disability Insurance Scheme Act 2013 (NDIS Act). The primary policy objective of these rules is to ensure that eligible participants receive appropriate and effective specialist disability accommodation that supports their needs, goals, and aspirations, thereby enhancing their quality of life and functional capacity. These rules address the gap in the provision of tailored accommodation solutions for participants with extreme functional impairments or very high support needs, ensuring that their living arrangements are conducive to receiving the necessary supports and services. The rules are designed to govern the eligibility criteria, the types of accommodation that can be funded, and the conditions under which such accommodation can be provided and maintained. They also establish the responsibilities of registered providers of SDA and the conditions for enrolling and maintaining dwellings as SDA providers. The enacting body for these rules is the Australian Government, specifically the Chief Executive Officer (CEO) of the NDIS, who is responsible for determining the appropriateness of SDA for eligible participants and overseeing the implementation of these rules.

Scope and Application

The National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020 applies to specialist disability accommodation (SDA) provided under the National Disability Insurance Scheme (NDIS) in Australia. The Rules are made under the National Disability Insurance Scheme Act 2013 and are applicable to persons, entities, and conduct related to SDA. These include registered NDIS providers who can provide specialist disability accommodation, and participants of the NDIS who are eligible for SDA due to extreme functional impairment or very high support needs. The Rules also apply to dwellings that are enrolled to provide SDA. Geographically, the Rules apply nationally across Australia, as they are made under a Commonwealth Act. However, they incorporate definitions and standards that may vary by state or territory, such as the Australian Statistical Geography Standard and the Building Code of Australia. Exclusions or thresholds under the Rules include the definition of existing stock, legacy stock, and new build dwellings, which are based on criteria such as the date of construction and the number of residents. The Rules also set out density restrictions on the number of eligible participants who can reside on a parcel of land where specialist disability accommodation is provided. The Rules extend or restrict application through subordinate instruments, such as the SDA Price Guide and the SDA Pricing and Payments Framework. These documents provide detailed information on the funding and pricing of SDA, and are endorsed by the Disability Reform Council of the Council of Australian Governments. The Rules also provide for the revocation of approval as a registered provider of supports under certain circumstances, such as non-compliance with the Rules or other NDIS requirements.

Key Provisions

• The National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020 set out the requirements and processes for providing specialist disability accommodation under the National Disability Insurance Scheme (NDIS). Key provisions of the Rules include eligibility criteria for participants to receive support for specialist disability accommodation (Part 2), the design and type of accommodation that can be funded (Part 3), and the enrolment and conditions for dwellings that can provide specialist disability accommodation (Part 3). The Rules also set out additional criteria and requirements for registered providers of supports that provide specialist disability accommodation (Part 4).
• Eligible participants must have an extreme functional impairment or very high support needs and meet the specialist disability accommodation needs requirement (Division 2 of Part 2). The CEO must determine the appropriate specialist disability accommodation building type, design category and location for each eligible participant (Division 3 of Part 2).
• Dwellings that can provide specialist disability accommodation must be enrolled by the CEO. An SDA provider must meet certain conditions of enrolment, such as maintaining the dwelling in good repair and notifying the CEO of any changes (Division 3 of Part 3). The CEO can cancel enrolment if the provider does not comply with the conditions.
• Registered providers of supports that provide specialist disability accommodation must meet additional criteria, including complying with relevant laws and having service agreements with participants (Part 4). The provider must not restrict access to the dwelling by other NDIS providers and must not exceed the enrolled number of residents.
• Breach of the Rules, such as failing to comply with conditions of enrolment, can result in the cancellation of enrolment and the cessation of funding for specialist disability accommodation. Registered providers of supports that breach the Rules can have their approval revoked.

Legal classification tags

Area of Law

Disability Law

Instrument

Legislative Instrument

Concepts

Definitions & Interpretation

Enrollment & Registration

Eligibility Criteria

Funding Requirements

Support Coordination

Conditions of Enrolment

Density Restriction