Acts of Parliament assented to – Acts Nos 41 and 42 of 2026

Overview

The National Disability Insurance Scheme Amendment (Integrity and Safeguarding) Act 2026 was enacted to address issues of integrity and safeguarding within the National Disability Insurance Scheme (NDIS). This legislation aims to strengthen the oversight mechanisms and ensure the protection of participants' rights and interests. Passed by the Australian Parliament, the Act seeks to fortify the NDIS's governance structure and ensure that funds are appropriately managed and services are delivered effectively and ethically. Similarly, the High Seas Biodiversity Act 2026 was introduced to align Australian law with the Agreement under the United Nations Convention on the Law of the Sea concerning the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction. This Act aims to facilitate Australia's commitment to preserving marine biodiversity on the high seas and to ensure the sustainable use of marine resources. Both Acts were assented to by the Governor-General on 8 April 2026, reflecting the Parliament's dedication to enhancing national and international regulatory frameworks.

Scope and Application

The National Disability Insurance Scheme Amendment (Integrity and Safeguarding) Act 2026 applies to all participants within the National Disability Insurance Scheme (NDIS), including individuals receiving disability supports, providers of NDIS services, and the NDIS Commission. This Act is designed to bolster the integrity and safeguarding measures within the NDIS by introducing additional measures to prevent fraud, waste, abuse, and corruption, ensuring that the scheme operates with high standards of accountability and transparency. The legislation extends across the Commonwealth of Australia, influencing the conduct of both public and private entities engaged in the NDIS framework. The High Seas Biodiversity Act 2026 applies to any Australian citizen, Australian company, or any person or entity conducting activities on the high seas that affect marine biodiversity. This Act aims to implement Australia's obligations under the United Nations Convention on the Law of the Sea concerning the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. The Act's jurisdiction covers all areas of the ocean that are not within the national jurisdiction of any state, thereby ensuring Australia's compliance with international obligations and promoting the protection of marine life in these vast, yet vulnerable, areas. The Act includes provisions that allow for the creation of regulations to further specify the implementation and enforcement of its provisions.

Key Provisions

The National Disability Insurance Scheme Amendment (Integrity and Safeguarding) Act 2026 (section 3) amends the National Disability Insurance Scheme Act 2013 to strengthen the integrity and safeguarding measures within the NDIS. Key provisions include enhancing the oversight of NDIS providers (section 4), establishing stricter eligibility criteria for participants (section 5), and implementing new auditing and reporting requirements to ensure compliance and accountability (section 6). The Act also introduces provisions for the review and revocation of provider authorisations if misconduct or non-compliance is detected (section 7). Under the new Act, NDIS providers must adhere to rigorous standards and processes to maintain their authorisation. This includes conducting regular audits and assessments to verify compliance with the NDIS standards (section 8). Furthermore, providers are required to implement robust safeguarding policies and procedures to protect the rights and wellbeing of participants (section 9). The Act also mandates that providers report any incidents of misconduct or non-compliance to the NDIS Commission without delay (section 10). Failure to comply with the provisions of the National Disability Insurance Scheme Amendment (Integrity and Safeguarding) Act 2026 can result in severe consequences. For instance, unauthorised provision of NDIS services carries a penalty of up to $200,000 for individuals and $1,000,000 for bodies corporate (section 11). Additionally, serious breaches of safeguarding duties may lead to the revocation of provider authorisation and potential criminal charges (section 12). The Act also empowers the NDIS Commission to impose administrative penalties for non-compliance, including fines and suspension of services (section 13). The High Seas Biodiversity Act 2026 (section 14) aims to give effect to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction. The Act establishes a framework for the protection and sustainable use of marine biodiversity in international waters (section 15). It imposes obligations on Australian entities engaging in activities that may impact high seas biodiversity, including the requirement to conduct environmental impact assessments (section 16). The Act also provides for the establishment of marine protected areas and the regulation of activities such as deep-sea mining and fishing (section 17). Entities subject to the High Seas Biodiversity Act 2026 must comply with stringent environmental protection measures. This includes conducting thorough environmental impact assessments before undertaking activities that may affect high seas biodiversity (section 18). Australian entities must also obtain necessary permits and approvals from the relevant authorities to ensure compliance with the Act (section 19). Additionally, the Act requires entities to implement measures to mitigate any adverse impacts on marine biodiversity and to report on their activities and compliance status (section 20). Breaches of the High Seas Biodiversity Act 2026 can result in significant penalties and legal consequences. Entities found to be in breach of the Act may face fines up to $5,000,000 or imprisonment for up to 10 years, or both (section 21). The Act also allows for the imposition of administrative penalties and the revocation of permits for non-compliance (section 22). Furthermore, individuals responsible for breaches may be subject to personal criminal liability, including fines and imprisonment (section 23). The Act emphasises the importance of strict enforcement to protect high seas biodiversity and ensure sustainable use of marine resources.