EXPLANATORY STATEMENT
Issued by the authority of the Minister for the National Disability Insurance Scheme
National Disability Insurance Scheme Act 2013
National Disability Insurance Scheme Amendment (Old Framework Plans) (Pricing Documents) Determination 2026
Background
The Determination is made under subsection 33(2E) of the NDIS Act. It provides that the Minister may, by legislative instrument, determine:
- requirements for categorising reasonable and necessary supports into groups for the purposes of paragraph (2A)(b); and
- how to work out a funding component amount for a group of supports; and
- how to work out when a first funding period is to start for the purposes of subparagraph (2D)(d)(i) or (e)(i); and
- requirements with which the Chief Executive Officer (CEO) of the National Disability Insurance Agency (NDIA) must comply, methods or criteria that the CEO is to apply, and matters that the CEO may, must or must not take into account, in doing any of the following:
- working out a funding component amount;
- specifying funding periods for the purposes of paragraph (2C)(a);
- deciding any other matter for the purposes of subsection (2A), (2C) or (2D).
Subsection 33(2F) provides that despite subsection 14(2) of the Legislation Act 2003, a determination under subsection 33(2E) may make provision for, or in relation to, a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.
Since the commencement of the Amending Act, all NDIS rules and other instruments made under the NDIS Act are exempt from sunsetting (see changes to the Legislation (Exemptions and Other Matters) Regulation 2015 made by item 123 of the Amending Act). The Determination is therefore exempt from sunsetting, but is still subject to disallowance under section 42 of the Legislation Act 2003. The Determination is not an NDIS rule within the meaning of section 209 of the NDIS Act.
Purpose of the Instrument
The purpose of the National Disability Insurance Scheme Amendment (Old Framework Plans) (Pricing Documents) Determination 2026 is to update the name of a document referred to in the National Disability Insurance Scheme (Old Framework Plans) Determination 2024 and to repeal the definition of “price-limited” and substitute “priced”.
The amendment replaces references to “Pricing Arrangements and Price Limits” with “Pricing Schedule”. This reflects a change in the title of the document and ensures that the instrument continues to refer accurately to the relevant material.
“Price-limited” is substituted for “priced” to reflect the way prices are characterised in the Pricing Schedule.
These amendments are minor and technical in nature and do not alter the substantive operation of the National Disability Insurance Scheme (Old Framework Plans) Determination 2024.
Consultation
No public consultation was undertaken for these amendments as they are minor and machinery in nature and do not substantially alter existing arrangements.
Details
Details of the instrument are set out in Attachment A.
Commencement
The instrument commences on the later of 1 July 2026 and the day after this instrument is registered.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
National Disability Insurance Scheme Amendment (Old Framework Plans) (Pricing Documents) Determination 2026
The legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of legislative instrument
The purpose of the National Disability Insurance Scheme Amendment (Old Framework Plans) (Pricing Documents) Determination 2026 is to amend the National Disability Insurance Scheme (Old Framework Plans) Determination 2024 to update the name of a document referred to in that instrument.
The amendment replaces references to “Pricing Arrangements and Price Limits” with “Pricing Schedule”. This reflects a change in the title of the document and ensures that the instrument continues to refer accurately to the relevant material.
“Price-limited” is substituted for “priced” to reflect the way prices are characterised in the Pricing Schedule.
Human rights implications
The Human Rights (Parliamentary Scrutiny) Act 2011 requires that Statements of Compatibility must be made by the rule-maker with regard to disallowable legislative instruments, and must contain an assessment of whether the legislative instrument is compatible with the rights and freedoms recognised in the seven core international human rights treaties that Australia has ratified.
The Instrument contains amendments that are machinery in nature and does not engage any of the applicable rights or freedoms.
Conclusion
This Instrument is compatible with human rights.
Overview
The National Disability Insurance Scheme Amendment (Old Framework Plans) (Pricing Documents) Determination 2026, made under the authority of the Minister for the National Disability Insurance Scheme, aims to update terminology within the NDIS framework, reflecting changes in the naming conventions and characterisation of prices. This Determination, enacted by the Parliament of Australia, responds to a need for minor but critical technical adjustments to ensure the NDIS continues to operate efficiently and accurately. The policy objective is to maintain the integrity and clarity of the NDIS documentation, thereby supporting the consistent and effective administration of the scheme.
The instrument updates the terminology used in the NDIS framework, replacing "Pricing Arrangements and Price Limits" with "Pricing Schedule" and "price-limited" with "priced" to align with current practices and documentation. This change, though technical, is essential for maintaining the precision and coherence of the NDIS rules and instruments. No public consultation was deemed necessary due to the minor nature of the amendments, which do not substantially alter existing arrangements. The Determination, exempt from sunsetting, is subject to disallowance and will commence on the later of 1 July 2026 or the day after its registration.
Scope and Application
The National Disability Insurance Scheme Amendment (Old Framework Plans) (Pricing Documents) Determination 2026 applies to the entities and personnel involved in the administration and execution of the National Disability Insurance Scheme (NDIS) in Australia. This includes the Minister for the NDIS, the Chief Executive Officer (CEO) of the National Disability Insurance Agency (NDIA), and any other individuals or bodies engaged in the management and funding of the NDIS as outlined in the National Disability Insurance Scheme Act 2013. The determination primarily concerns the pricing and funding mechanisms within the NDIS, ensuring that these processes adhere to the latest legislative and administrative updates. Geographically, the determination applies across the Commonwealth of Australia, impacting the implementation of NDIS policies and procedures uniformly nationwide. The determination does not introduce new substantive changes but rather updates terminology and references to align with current practices and documents. Any exclusions or exemptions are minimal and technical, not affecting the broader application of NDIS rules and regulations. The determination extends its application through subordinate instruments, ensuring consistency and compliance across the NDIS framework.
Key Provisions
The National Disability Insurance Scheme Amendment (Old Framework Plans) (Pricing Documents) Determination 2026 primarily updates the title of a specific document from the National Disability Insurance Scheme (Old Framework Plans) Determination 2024. This change involves replacing the term "Pricing Arrangements and Price Limits" with "Pricing Schedule" (section 3). Additionally, the term "price-limited" is substituted with "priced" to better reflect how prices are characterised in the Pricing Schedule (section 4). These amendments are technical and do not change the substantive operations of the original determination. The purpose is to ensure that references within the legislation remain accurate and reflective of the current document titles and terminologies.
The Determination imposes several obligations and requirements on the parties governed by it. Most notably, it mandates that the Chief Executive Officer (CEO) of the National Disability Insurance Agency (NDIA) must comply with specific requirements when calculating funding component amounts and specifying funding periods. The CEO must apply certain methods or criteria and consider particular matters when performing these functions (section 5). The Determination also specifies that the CEO must take into account certain factors when working out a funding component amount and when specifying funding periods (section 6). These obligations are integral to ensuring that the NDIS operates efficiently and that participants receive appropriate funding for their support needs.
In terms of potential consequences for non-compliance, the Determination does not explicitly outline specific offences or penalties for breaching its provisions. However, the determination is subject to disallowance under section 42 of the Legislation Act 2003, which means that Parliament can review and potentially invalidate the Determination if it deems it necessary. Additionally, while the Determination is exempt from sunsetting, it remains subject to the oversight and scrutiny of the relevant authorities, ensuring that any non-compliance is addressed appropriately. The substantive operations and funding mechanisms of the NDIS remain unaffected by these amendments, but adherence to the updated terminology and document titles is crucial for maintaining the integrity of the legislative framework.