National Disability Insurance Scheme Amendment (Strengthening Banning Orders) Act 2020

Administered by Department of Health, Disability and Ageing

Legislation au C2020A00103 In force Act

Legislation content

 

 

 

 

 

 

National Disability Insurance Scheme Amendment (Strengthening Banning Orders) Act 2020

 

No. 103, 2020

 

 

 

 

 

An Act to amend the National Disability Insurance Scheme Act 2013, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

National Disability Insurance Scheme Act 2013

 

 

 

National Disability Insurance Scheme Amendment (Strengthening Banning Orders) Act 2020

No. 103, 2020

 

 

 

An Act to amend the National Disability Insurance Scheme Act 2013, and for related purposes

[Assented to 20 November 2020]

The Parliament of Australia enacts:

1  Short title

  This Act is the National Disability Insurance Scheme Amendment (Strengthening Banning Orders) Act 2020.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day after this Act receives the Royal Assent.

21 November 2020

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

 

National Disability Insurance Scheme Act 2013

1  Paragraph 55A(2)(e)

Omit “a person employed or otherwise engaged by an NDIS provider”, substitute “other person”.

1A  Subsection 73ZN(1)

After “by an NDIS provider”, insert “, or by a person who was an NDIS provider,”.

1B  Subparagraph 73ZN(1)(b)(iv)

Before “there is”, insert “in the case of an NDIS provider—”.

2  Subsection 73ZN(2)

After “person who is”, insert “or was”.

3  After subsection 73ZN(2)

Insert:

Banning orders—persons not suitable to be involved in provision of supports or services to people with disability

 (2A) The Commissioner may, by written notice, make an order (a banning order) prohibiting or restricting a person from being involved in the provision of specified supports or specified services to people with disability if:

 (a) the Commissioner reasonably believes that the person is not suitable to be so involved; and

 (b) the person has not previously been an NDIS provider; and

 (c) the person has not previously been employed or otherwise engaged by an NDIS provider.

4  After subsection 73ZN(5)

Insert:

 (5A) If a banning order under subsection (2) is made against a person who is employed or otherwise engaged by an NDIS provider, the continuity of the order is not affected by the employment or engagement ceasing.

4A  After subsection 73ZS(2)

Insert:

Banning orders

 (2A) The NDIS Provider Register must include each of the following in relation to a person against whom a banning order is in force:

 (a) the name of the person;

 (b) the person’s ABN (if any);

 (c) information about the banning order;

 (d) any other matter prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph.

 (2B) The NDIS Provider Register may include each of the following in relation to a person against whom a banning order was in force:

 (a) the name of the person;

 (b) the person’s ABN (if any);

 (c) information about the banning order;

 (d) any other matter prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph.

4B  Paragraphs 73ZS(3)(i), (4)(e) and (5)(d)

Repeal the paragraphs.

5  Paragraph 201A(1)(p)

Omit “73ZS(3)(l), (4)(h) and (5)(f)”, substitute “73ZS(2A)(d), (2B)(d), (3)(l), (4)(h) and (5)(f)”.

6  Subsection 209(8) (cell at table item 4, column headed “Description”, paragraph (r))

Omit “73ZS(3)(l), (4)(h) and (5)(f)”, substitute “73ZS(2A)(d), (2B)(d), (3)(l), (4)(h) and (5)(f)”.

7  Application provision—information

The amendment of section 55A of the National Disability Insurance Scheme Act 2013 made by this Schedule applies in relation to a banning order made before, on or after the commencement of this item.

8  Application provisions—banning orders

(1A) The amendment made by item 1A applies in relation to a person who ceased to be an NDIS provider before, on or after the commencement of this item, whether conduct to which paragraph 73ZN(1)(a), (b), (c) or (d) of the National Disability Insurance Scheme Act 2013 relates occurred before, on or after that commencement.

(1) The amendment of subsection 73ZN(2) of the National Disability Insurance Scheme Act 2013 made by this Schedule applies in relation to a person who ceased to be employed or engaged by an NDIS provider before, on or after the commencement of this item, whether conduct to which paragraph 73ZN(2)(a), (b) or (c) of that Act relates occurred before, on or after that commencement.

(2) Subsection 73ZN(5A) of the National Disability Insurance Scheme Act 2013, as inserted by this Schedule, applies in relation to the following:

 (a) a banning order made on or after the commencement of this item;

 (b) a banning order made before the commencement of this item, where the person against whom the order is made ceases to be employed or otherwise engaged by the NDIS provider on or after that commencement.

(3) Subsection 73ZS(2A) of the National Disability Insurance Scheme Act 2013, as inserted by this Schedule, applies in relation to the following:

 (a) a banning order made on or after the commencement of this item;

 (b) a banning order made before that commencement and that was in force immediately before that commencement.

(4) Subsection 73ZS(2B) of the National Disability Insurance Scheme Act 2013, as inserted by this Schedule, applies in relation to a banning order that was in force before, on or after the commencement of this item.

(5) The amendments made by this Schedule do not affect the validity of an entry in the NDIS Provider Register made before the commencement of this item.

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 12 June 2020

Senate on 9 November 2020]

 

(78/20)

 

Overview

The National Disability Insurance Scheme Amendment (Strengthening Banning Orders) Act 2020 was enacted by the Parliament of Australia to amend the National Disability Insurance Scheme Act 2013. This legislation was introduced to address a gap in the existing regulatory framework concerning the banning orders for individuals involved in the provision of supports or services to people with disabilities under the National Disability Insurance Scheme (NDIS). Specifically, it sought to ensure that the Commissioner of the NDIS has the authority to issue banning orders to a broader range of individuals who are deemed unsuitable to be involved in the provision of such supports or services. This includes those who have not previously been an NDIS provider or employed by one. The policy objective of this Act is to enhance the protection of people with disabilities by providing the Commissioner with more robust tools to prevent unsuitable individuals from participating in the NDIS. The Act makes several amendments to the National Disability Insurance Scheme Act 2013, including broadening the scope of individuals who can be subject to banning orders and ensuring the continuity of such orders regardless of changes in employment status. Additionally, it mandates that the NDIS Provider Register include specific information about individuals subject to banning orders, thereby increasing transparency and accountability within the NDIS framework. The amendments introduced by this Act apply to both existing and future banning orders, ensuring that the strengthened regulatory measures are effectively implemented across the board.

Scope and Application

The National Disability Insurance Scheme Amendment (Strengthening Banning Orders) Act 2020 amends the National Disability Insurance Scheme Act 2013 to strengthen the banning orders mechanism under the NDIS. The Act applies to any person who is not suitable to be involved in the provision of specified supports or services to people with disability, regardless of whether they have previously been employed or otherwise engaged by an NDIS provider. The Act applies nationally across Australia and amends the NDIS Act to allow the Commissioner to make banning orders against such persons. The NDIS Provider Register must include certain information about a person against whom a banning order is in force, and may include certain information about a person against whom a banning order was in force. The Act does not apply to any person who has previously been an NDIS provider or who has previously been employed or otherwise engaged by an NDIS provider. The Act extends the application of banning orders through subordinate instruments, such as the National Disability Insurance Scheme (Banning Orders) Rules 2017.

Key Provisions

The National Disability Insurance Scheme Amendment (Strengthening Banning Orders) Act 2020 (C2020A00103) amends the National Disability Insurance Scheme Act 2013 to strengthen the framework for banning orders under the NDIS. Section 1A of the Act inserts a new provision that allows the Commissioner to make banning orders against individuals who are not currently employed or engaged by an NDIS provider but are deemed unsuitable for involvement in the provision of specified supports or services to people with disability (section 73ZN(2A)). The Act also ensures that banning orders remain in effect even if the individual ceases employment or engagement with an NDIS provider (section 73ZN(5A)). Additionally, the NDIS Provider Register must include specific information about banning orders in force against individuals (section 73ZS(2A)) and may include information about banning orders that were previously in force (section 73ZS(2B)). Under the amended Act, the obligations imposed on parties or entities include the requirement for the Commissioner to consider the suitability of individuals involved in the NDIS and to issue banning orders where necessary (section 73ZN(2A)). The NDIS Provider Register must include detailed information about banning orders in force (section 73ZS(2A)) and may include information about previous banning orders (section 73ZS(2B)). These obligations ensure transparency and accountability in the provision of disability supports and services, protecting the interests of people with disabilities. The Act imposes several consequences for breaches of its provisions. The Commissioner can issue banning orders against individuals deemed unsuitable for involvement in the NDIS, which can prohibit or restrict their involvement in specified supports or services (section 73ZN(2A)). Failure to comply with a banning order can result in civil or criminal penalties as prescribed by the National Disability Insurance Scheme rules. The Act also includes provisions for the enforcement and monitoring of banning orders to ensure compliance (sections 73ZS(2A) and 73ZS(2B)). The penalties for breaches of banning orders are not specified in the Act but would typically involve fines and potential imprisonment as outlined in the National Disability Insurance Scheme rules.

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Area of Law
Disability Law
Instrument
Amending Act
Concepts
Commencement Provisions
Regulatory Standards
Prohibited Conduct

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.