EXPLANATORY STATEMENT
Issued by the authority of the Commissioner of the NDIS Quality and Safeguards Commission
National Disability Insurance Scheme Act 2013
National Disability Insurance Scheme (Provider Registration and Practice Standards) Amendment (Consequential Amendment) Rules 2026
Purpose
The purpose of this amending instrument is to make a consequential amendment to Part 5 of the National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018 that arises from the enactment of the National Disability Insurance Scheme Amendment (Integrity and Safeguarding) Act 2026.
Background
The National Disability Insurance Scheme Amendment (Integrity and Safeguarding) Act 2026 includes the addition of new civil penalty provisions to Division 2 of Part 1 of Chapter 4 of the National Disability Insurance Act 2013.
As a result of these changes, compliance and enforcement provisions located in Division 8 of Part 3A of Chapter 4 were renumbered. This was necessary to ensure compliance and enforcement powers, including those under the Regulatory Powers (Standard Provisions) Act 2014, extended to Division 2 of Part 1 of Chapter 4 of the National Disability Insurance Act 2013.
Because of this renumbering, Division 8 (compliance and enforcement) of Part 3A (NDIS Providers) of Chapter 4 (Administration), is now Part 3B of Chapter 4 and Division 9 (NDIS Provider Register) has also been updated to Division 7A.
The new Division 7A relates to the NDIS Provider Register, which has been renumbered to section 73ZDA from section 73ZS by Schedule 1, Item 66 of the National Disability Insurance Scheme Amendment (Integrity and Safeguarding) Act 2026.
The National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018 refer to the NDIS Provider Register at Part 5 (Register of NDIS Providers) of Division 1 (Introduction) of subsection 14(1). Due to the provision being amended in the Primary Act, a consequential amendment is required to be made to update the reference to subsection 73ZS(7) to section 73ZDA.
Commencement
The Instrument commences the day after it is registered on the Federal Register of Legislation.
Consultation
On 27 November 2025, the Senate referred the National Disability Insurance Scheme Amendment (Integrity and Safeguarding) Bill 2025 to the Community Affairs Legislation Committee (the committee) for inquiry. Public consultation on the Bill was undertaken between November 2025 and March 2026. This consultation included strong support for the stronger regulatory powers for the NDIS Quality and Safeguards Commission (NDIS Commission) which included the need for this consequential amendment.
Section 209 of the Act provides that NDIS rules fall into four categories. Subsection 209(8) of the Act provides that certain categories of NDIS rules are ‘Category D’ rules. Category D rules include rules made for the purposes of subsection 73X(1) of the Act.
Under subsection 209(7) of the Act, Category D rules cannot be made under subsection 209(1) unless each host jurisdiction (states and territories) has been consulted in relation to the making of those rules. In compliance with this requirement, prior to making the Instrument, the Commissioner (as the Minister’s delegate) consulted all states and territories in relation to the making of this instrument. All states and territories have had the opportunity to review this Instrument and provide comments and feedback. All jurisdictions that provided feedback within the required 28-day consultation period supported the proposed amendments and made no suggestions for changes.
Impact Analysis Statement
The Office of Impact Assessment has confirmed that a detailed Impact Analysis is not required for this Instrument (OIA ID: OIA24-07597).
Explanation of the provisions
Preliminary
Section 1 - Name
Section 1 provides that the Instrument is titled the National Disability Insurance Scheme (Provider Registration and Practice Standards) Amendment (Consequential Amendment) Rules 2026.
Section 2 – Commencement
Section 2 provides that the whole of the Instrument commences on the day after the instrument is registered.
Section 3 – Authority
Section 3 provides that the Instrument is made under the National Disability Insurance Scheme Act 2013.
Section 4 – Schedules
Section 4 provides that each instrument specified in a Schedule to the Instrument is amended or repealed as set out in the Schedule concerned, and any other item in a Schedule to the Instrument has effect according to its terms.
Schedule 1 – Amendments
This Schedule amends the National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018.
Item 1 omits the reference to subsection 73ZS(7) and substitutes with subsection 73ZDA(7) This has the effect of ensuring that section 14(1) correctly refers to legislative provision for the NDIS Provider Register in the National Disability Insurance Scheme Act 2013.
Subsection 73ZDA(7) providers that rules can be made for the provision for and in relation to correction of entries in the NDIS Provider Register, publication of the NDIS Provider Register and any other administrative matters relating to the NDIS Provider Register.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
National Disability Insurance Scheme (Provider Registration and Practice Standards) Amendment (Consequential Amendment) Rules 2026
The National Disability Insurance Scheme (Provider Registration and Practice Standards) Amendment (Consequential Amendment) Rules 2026 (the 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 the Instrument
The Instrument makes a consequential amends the legislative reference to the NDIS Provider Register at Subsection 14(1) of Part 5 National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018 (Provider Registration Rules).
This is a consequential amendment due to renumbering changes made by the enactment of the National Disability Insurance Scheme Amendment (Integrity and Safeguarding) Act 2026.
Human rights implications
This Instrument does not engage any of the applicable rights or freedoms.
Conclusion
The Instrument is compatible with human rights as it does not raise any human rights issues.
Louise Glanville, Commissioner of the NDIS Quality and Safeguards Commission