National Disability Insurance Scheme (Procedural Fairness) Amendment (Consequential Amendments) Guidelines 2026

Administered by Department of Health, Disability and Ageing

Legislation au F2026N00063 Not in force Notifiable Instrument

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National Disability Insurance Scheme (Procedural Fairness) Amendment (Consequential Amendments) Guidelines 2026

I, Louise Glanville, Commissioner of the NDIS Quality and Safeguards Commission, make the following guidelines.

Dated  22 January 2026   

Louise Glanville

Commissioner of the NDIS Quality and Safeguards Commission

 

Contents

1  Name

2  Commencement

3  Authority

4  Schedules

Schedule 1—Amendments

National Disability Insurance Scheme (Procedural Fairness) Guidelines 2018

 

 

 

1  Name

  This instrument is the National Disability Insurance Scheme (Procedural Fairness) Amendment (Consequential Amendments) Guidelines 2026.

2  Commencement

  This instrument commences on the day after it is registered.

3  Authority

  This instrument is made under subsection 181D(2) of the National Disability Insurance Scheme Act 2013 and subsection 9(2) of the National Disability Insurance Scheme (Complaints Management and Resolution) Rules 2018.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

National Disability Insurance Scheme (Procedural Fairness) Guidelines 2018

1  Introduction (paragraph beginning “The National Disability Insurance Scheme Act 2013)

Omit “181”, substitute “181G”.

2  Introduction (paragraph beginning “The National Disability Insurance Scheme (Complaints”)

Omit “handing”, substitute “handling”.

3  Introduction (paragraph beginning “The Commission is responsible”)

At the end of the first sentence, insert:

“by undertaking a risk assessment to prioritise complaints having regard to:

(a)   the impact of the complaint on the human rights and health, safety or wellbeing of participants; and

(b) whether the complaint relates to a contravention of the legislation underpinning the NDIS by an NDIS provider or worker, including whether the contravention is repeated or serious; and

(c)  whether an issue raised in the complaint is a strategic priority or emerging risk for the Commission”.

4  Introduction (paragraph beginning “Complaints can play an”)

Omit “Complaints can highlight weaknesses in service provision, unmet expectations and misunderstandings”, substitute “Complaints provide a source of intelligence to the Commission and can highlight weaknesses in service provision, unmet expectations and misunderstandings”.

5  Section 4 (definition of “Complainant”)

Omit “a registered NDIS provider”, substitute “an NDIS provider”.

6  Section 4 (definition of “Worker”)

Omit “registered”.

7  Subsections 6(2), (3) and (4)

Repeal the subsections, substitute:

(2)   This instrument applies to all NDIS providers who have obligations under the NDIS Code of Conduct to promptly take steps to raise and act on concerns about matters that may impact the quality and safety of supports and services provided to people with disability. NDIS providers should operate effective complaints, resolution, incident management, investigation and disciplinary processes, and meet relevant NDIS Commission reporting requirements. NDIS providers should also foster an environment in which people feel safe to make a complaint or provide negative feedback without fear of retribution. NDIS providers should guarantee procedural fairness principles will be applied throughout the complaints process.

 

(3)  This instrument also applies to complaint handling by a registered NDIS provider under the Complaint Rules. Registered NDIS providers are required to have a complaints management and resolution system that both:

 

  1.     supports people with disability to understand how to make a complaint to the provider and to the Commission; and

 

  1.     requires that people are afforded procedural fairness when a complaint is dealt with by the provider.

 

(4)  Effective complaint management and resolution by NDIS providers and the Commission is important to a range of people and organisations, including complainants and NDIS providers and workers against whom complaints are made. They all have a direct interest in the complaint process being conducted properly and fairly.

 

(5) Procedural fairness compliance by the Commission and NDIS providers is integral to building confidence in NDIS complaint processes.

8  Paragraph 9(1)(a)

Omit “registered”.

9   Paragraph 9(1)(b)

After “require the Commission”, insert “in dealing with the complaint”.

10  Subsection 10(7)

Repeal the subsection, substitute:

(7) A complaint to the Commission about an NDIS provider: The Complaint Rules provide that a person may complain to the Commission about the provision of supports or services by an NDIS provider (whether or not the provider is registered) (section 15). In relation to the complaint, the Commission is required to undertake a risk assessment to prioritise the complaint having regard to the impact of the complaint on the human rights and health, safety or wellbeing of participants; whether the complaint relates to a contravention of the legislation underpinning the NDIS by an NDIS provider or worker, including whether the contravention is repeated or serious; and whether an issue raised in the complaint is a strategic priority or emerging risk for the Commission (subsection 16(2A)). Having regard to the risk assessment undertaken in relation to the complaint, the Commission must decide to take action in relation to the complaint or each issue raised in a complaint. The actions that can be taken are set out in the Complaint Rules (subsection 16(3)), and include the following options: close the complaint or issue on the basis that section 17 applies to the complaint or issue (for example, if it has already been dealt with); give assistance and advice to the complainant, a person with disability affected by the complaint or issue and the NDIS provider to which the complaint or issue relates; require the NDIS provider to take certain actions in relation to the complaint or issue, including to examine and address the complaint or issue; and requesting the parties to participate in a resolution process.

11  Subsection 10(8)

After “what action to take”, insert “(subsection 16(4))”.

12  Subsection 10(11)

Omit “worker”, substitute “person employed or otherwise engaged by an NDIS provide”.

13  Subsection 11(1)

Omit “Registered”.

14  Subsection 14(2)

Omit “paragraph 8(5)(b)”, substitute “paragraph 8(4)(b)”.

15 Subsection 14(5)

Omit “registered”.

16 Subsection 15(3)

Omit "registered”.

 

Overview

The National Disability Insurance Scheme (Procedural Fairness) Amendment (Consequential Amendments) Guidelines 2026I were issued by Louise Glanville, Commissioner of the NDIS Quality and Safeguards Commission, and came into effect on the day after their registration on 22 January 2026. This instrument was made under subsection 181D(2) of the National Disability Insurance Scheme Act 2013 and subsection 9(2) of the National Disability Insurance Scheme (Complaints Management and Resolution) Rules 2018, aiming to amend and repeal certain provisions of the National Disability Insurance Scheme (Procedural Fairness) Guidelines 2018. The overarching policy objective is to enhance the handling of complaints within the NDIS framework by ensuring procedural fairness, prioritising complaints based on their impact and risk factors, and fostering an environment that encourages safe and effective complaint mechanisms for all stakeholders involved.

Scope and Application

The National Disability Insurance Scheme (Procedural Fairness) Amendment (Consequential Amendments) Guidelines 2026 applies to all NDIS providers who have obligations under the NDIS Code of Conduct to promptly take steps to raise and act on concerns about matters that may impact the quality and safety of supports and services provided to people with disability. This includes fostering an environment in which people feel safe to make a complaint or provide negative feedback without fear of retribution. The guidelines also apply to complaint handling by registered NDIS providers under the Complaint Rules, who are required to have a complaints management and resolution system that supports people with disability to understand how to make a complaint to the provider and to the Commission and requires that people are afforded procedural fairness when a complaint is dealt with by the provider. The application of these guidelines is national in scope, extending across the Commonwealth of Australia, and is integral to building confidence in NDIS complaint processes. Any amendments or repeals of specified instruments are set out in Schedule 1 of the guidelines, and the instrument extends or restricts application through subordinate instruments as necessary.

Key Provisions

The National Disability Insurance Scheme (Procedural Fairness) Amendment (Consequential Amendments) Guidelines 2026I, made under the authority of subsection 181D(2) of the National Disability Insurance Scheme Act 2013 and subsection 9(2) of the National Disability Insurance Scheme (Complaints Management and Resolution) Rules 2018, aim to revise existing guidelines to improve the handling of complaints within the NDIS framework. The primary changes include amendments to the definitions and application of procedural fairness principles, particularly in relation to how complaints are prioritised and managed by the NDIS Commission and providers. The guidelines also clarify the roles and responsibilities of NDIS providers in handling complaints and ensuring procedural fairness. The guidelines impose several obligations on NDIS providers and the Commission. For instance, NDIS providers must establish and maintain effective complaints management and resolution processes, ensuring that people with disabilities can easily make complaints and that procedural fairness is upheld throughout the process (Schedule 1, items 1-4). Providers are also required to foster an environment where individuals feel safe to voice concerns without fear of retribution. Additionally, the NDIS Commission must conduct a risk assessment for each complaint to prioritise issues based on the potential impact on participants' rights, health, safety, and wellbeing, as well as the seriousness of any alleged legislative contraventions (Schedule 1, item 10). The Commission is mandated to decide on appropriate actions based on this risk assessment, which may include closing the complaint, offering assistance, or requiring the provider to take specific actions (Schedule 1, items 10 and 16). Failure to comply with the requirements of the amended guidelines can result in various consequences. While the document does not explicitly outline specific penalties, breaches of the NDIS Code of Conduct or failure to implement effective complaint management processes could lead to enforcement actions by the NDIS Commission. Such actions may include formal warnings, corrective actions, or in severe cases, suspension or revocation of registration for NDIS providers. Additionally, persistent non-compliance could undermine the integrity of the NDIS and affect the quality and safety of supports and services provided to people with disabilities, potentially leading to broader regulatory or legal consequences.

Legal classification tags

Area of Law
Disability Law
Instrument
Regulation
Concepts
Commencement Provisions
Regulatory Standards
Reporting & Disclosure Obligations
Enforcement Powers
Procedural Fairness
Risk Assessment

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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.