NDIS Act 2013
The National Disability Insurance Scheme Act 2013 (NDIS Act) is the Commonwealth law that creates the NDIS. It sets who can become a participant, how reasonable and necessary supports are funded, what counts as an NDIS support, and how providers are regulated, and it establishes the NDIA and the NDIS Commission.
Also called: National Disability Insurance Scheme Act 2013, NDIS legislation, NDIS law, NDIS Act
Key takeaways
- The NDIS Act 2013 is the Commonwealth law that creates the NDIS, the NDIA and the NDIS Quality and Safeguards Commission.
- Section 34 sets the reasonable and necessary criteria; sections 24 and 25 set the disability and early intervention access requirements.
- Amendments that commenced on 3 October 2024 defined NDIS supports and introduced new framework plans.
- The Securing the NDIS for Future Generations Act 2026 passed on 19 August 2026 and received Royal Assent on 20 August 2026.
- Under the 2026 changes, providers keep claim records for 7 years, and NDIS access does not change until 1 January 2028.
What is the NDIS Act 2013?
The National Disability Insurance Scheme Act 2013 (NDIS Act) is the Commonwealth law that creates the NDIS. It sets who can become a participant, how plans and funding decisions are made, what counts as an NDIS support, and how providers are regulated. It also establishes the National Disability Insurance Agency (NDIA) and the NDIS Quality and Safeguards Commission.
The Act is the top of a layered rulebook. Under it sit NDIS Rules (legislative instruments with legal force), and under those sit the NDIA's operational guidelines and the NDIS Commission's guidance, which explain how the law is applied. You can read the current, compiled version on the Federal Register of Legislation.
When people search "NDIS legislation" or "NDIS Act changes", they usually want one of three things:
- The rules for getting in: the access requirements for the NDIS.
- The rules for funding: what makes a support reasonable and necessary.
- What changed recently: the 2024 and 2026 amendments.
What the NDIS Act covers
The Act is long, but a handful of provisions come up again and again for participants and providers:
| Provision | What it does |
|---|---|
| Section 9 (definitions) | Defines key terms, including restrictive practice: any practice or intervention that restricts the rights or freedom of movement of a person with disability |
| Section 10 | Defines what an NDIS support is (added from 3 October 2024) |
| Section 24 | The disability requirements for access: permanent impairment that substantially reduces functional capacity |
| Section 25 | The early intervention requirements for access |
| Section 34 | The reasonable and necessary criteria for funding supports, including value for money and taking account of informal supports |
| Section 73Z | Defines reportable incidents that registered providers must notify to the NDIS Commission |
Section 34 is where the informal supports and mainstream supports tests come from: funding must take account of what families and communities can reasonably provide, and the support must be most appropriately funded by the NDIS rather than another system.
| Layer | What it is | Binding? | Examples |
|---|---|---|---|
| NDIS Act 2013 | Commonwealth legislation passed by Parliament | Yes | Access requirements, reasonable and necessary, reportable incident definition |
| NDIS Rules | Legislative instruments made under the Act | Yes | Practice Standards Rules, Code of Conduct Rules, Incident Management Rules, Restrictive Practices Rules, NDIS supports lists |
| Pricing Arrangements | NDIA price limits and claiming rules for providers | Applies to claims under the scheme | Price limits, cancellation and travel rules |
| Operational guidelines | NDIA guidance on how it applies the law | No, explanatory | Our Guidelines on access, planning and home and living |
| NDIS Commission guidance | Regulator guidance for providers | No, explanatory | Reportable incidents detailed guidance, practice standards guidelines |
How the NDIS Act has changed
The Act has been amended many times. Three changes matter most for how the scheme works in 2026.
2017–2018: the NDIS Commission
Amendments passed in December 2017 created the NDIS Quality and Safeguards Commission, which began operating on 1 July 2018. The Act and the Rules made under it set out provider registration, the NDIS Code of Conduct, the Practice Standards, incident management and reportable incidents, and behaviour support and restrictive practices.
2024: Getting the NDIS Back on Track
The National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Act 2024 commenced on 3 October 2024 (Department of Health, Disability and Ageing: 2024 amendments). It added a definition of NDIS supports, so participants can only use funding for supports on the lists, and introduced new framework plans with a flexible budget and stated supports (see new framework plan).
2026: Securing the NDIS for Future Generations
Parliament passed the National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Bill 2026 on 19 August 2026, and it received Royal Assent on 20 August 2026 (Department of Health, Disability and Ageing). The first parts commenced on 27 August 2026 and the rest start in stages. According to the NDIA's Securing the NDIS for future generations page and the Department's summary:
- Plan reassessments: only participants, plan nominees or child representatives can now ask for a reassessment before the scheduled date.
- Record keeping: providers must keep records relating to NDIS claims for 7 years (for claims made from 27 August 2026); participants and plan managers for 3 years.
- Integrity: new offences for giving false or misleading information and for destroying records to defraud the NDIS, offences for kickbacks and inducements, and stronger whistleblower protections.
- Planning: the NDIA says tighter reasonable and necessary assessment will be phased in from 1 February 2027, and new framework planning with a support needs assessment from 1 April 2027.
- Access: the government says who can access the NDIS won't change before 1 January 2028.
- NDIS supports lists: the transitional lists from October 2024 still apply while the government consults on replacement rules.
Commencement dates differ between provisions, so check the Department's summary of the changes for the date that applies to a specific rule.
- March 2013NDIS Act passedParliament passes the law creating the NDIS.
- July 2013NDIS begins at trial sitesThe scheme starts in a small number of trial locations before national rollout.
- 1 July 2018NDIS Commission beginsFollowing 2017 amendments, the Quality and Safeguards Commission starts regulating providers.
- 3 October 2024Getting the NDIS Back on Track No. 1 commencesNDIS supports definition and new framework plans.
- 19–20 August 2026Securing the NDIS for Future Generations ActPassed by Parliament and given Royal Assent; the first parts commenced on 27 August 2026 and the rest start in stages.
- 1 February 2027Tighter reasonable and necessary assessment beginsPhased in for new entrants, reassessments and plan renewals, according to the NDIA.
- 1 April 2027New framework planning rolloutSupport needs assessment and new budget method, according to the NDIA.
- 1 January 2028Earliest date for access changesThe government says NDIS access won't change before this date.
The NDIS Act vs Rules vs guidelines
People often quote a guideline as if it were law, or miss a rule because it isn't in the Act. The Act and Rules are binding; guidelines explain how the NDIA and the Commission apply them.
- The agency the Act establishes to run the scheme
- Funding criteria set in section 34
- Defined in section 73Z
- The regulator added by the 2017 amendments
- Defined in section 10 from 3 October 2024
- Defined in section 9
If you disagree with an NDIA decision made under the Act, you can ask for an internal review, and then apply to the Administrative Review Tribunal.
What the NDIS Act means for providers
- Know which obligations are law. Reportable incidents, restrictive practices, worker screening and the Code of Conduct flow from the Act and its Rules, and breaches can carry penalties.
- Keep records for 7 years. The 2026 amendments extend a 7-year retention duty for records about payment and receipt of NDIS funds to all providers.
- Watch commencement dates. 2026 changes start in stages through to 2028; build them into policies as each one starts.
- Don't offer inducements. New offences target kickbacks and incentives to attract participants.
- Check registration rules. Mandatory registration for some supports, such as SIL from 1 July 2026, is set under the law, not by choice.
The free NDIS Practice Standards self-assessment is a quick way to check where your evidence is thin.
Common misunderstandings
- "The operational guidelines are the law." They explain how the NDIA applies the Act and Rules but are not legislation.
- "The 2026 law changed access straight away." Access changes don't start until 1 January 2028.
- "The Act only matters to registered providers." The Code of Conduct and the new integrity offences and record keeping duties apply to unregistered providers too.
- "Any provider can ask for a participant's plan to be reassessed." Since the 2026 changes, only the participant, nominee or child representative can request an early reassessment.
Example
Illustrative example (fictional). Kim runs a small unregistered provider offering community access to self-managed participants. After reading about the 2026 amendments, Kim checks the Department's summary of the changes and lists what applies to her business.
She updates her records policy so invoices, timesheets, service agreements and progress notes linked to claims are kept for 7 years. She removes a "refer a friend" gift card offer from her website because it could look like an inducement. She briefs her workers that the NDIS Code of Conduct, which comes from the Act and its Rules, applies to them even though the business is unregistered.
When a participant asks Kim to request a plan reassessment on their behalf, Kim explains that since the changes only the participant, their nominee or child representative can ask for an early reassessment, and helps them gather the evidence instead.
Frequently asked questions
What is the NDIS Act 2013?
The National Disability Insurance Scheme Act 2013 is the Commonwealth law that creates the NDIS. It sets access requirements, the reasonable and necessary criteria for funding, the definition of NDIS supports and the rules for regulating providers, and establishes the NDIA and the NDIS Commission.
What changed in the NDIS Act in 2026?
The Securing the NDIS for Future Generations Act 2026 passed on 19 August 2026. It limits who can request early plan reassessments, sets record keeping periods, adds offences for false information, record destruction, kickbacks and inducements, and stages planning and access changes through to 2028.
What is section 34 of the NDIS Act?
Section 34 sets the reasonable and necessary criteria the NDIA uses to fund supports. They include that the support relates to the participant's disability, is value for money, is effective and beneficial, takes account of informal supports, is most appropriately funded by the NDIS and is an NDIS support.
When do the 2026 NDIS access changes start?
The NDIA says there will be no changes to who can access the NDIS until 1 January 2028. Other parts of the 2026 amendments start at different times, so check the official summary for each change.
Are NDIS operational guidelines the law?
No. The NDIS Act and the NDIS Rules made under it are legally binding. The NDIA's operational guidelines and the NDIS Commission's guidance explain how those laws are applied, but they are not legislation themselves.
How long do NDIS providers need to keep records under the NDIS Act?
Under the 2026 amendments, providers must keep records relating to NDIS claims for 7 years, and participants and plan managers for 3 years. Registered providers also have 7-year duties for some records under the NDIS Rules.
Where can I read the NDIS Act?
The current compiled version of the National Disability Insurance Scheme Act 2013 is published free on the Federal Register of Legislation at legislation.gov.au, along with the NDIS Rules made under it.
Related terms
- NDIS Quality and Safeguards CommissionThe NDIS Quality and Safeguards Commission (NDIS Commission) is the independent national regulator of NDIS providers and workers. It registers providers, enforces the Code of Conduct and Practice Standards, handles complaints and reportable incidents, and oversees restrictive practices. It does not fund supports.
- NDIS supportsNDIS supports are the supports NDIS funding can legally pay for, as defined by section 10 of the NDIS Act and its lists. Since 3 October 2024, funding can only be spent on items on the 'NDIS supports' list and not on the 'not NDIS supports' list, unless the NDIA approves a replacement support.
- National Disability Insurance Agency (NDIA)The National Disability Insurance Agency (NDIA) is the Australian Government agency that runs the National Disability Insurance Scheme. It decides who can join, approves participants' plans, sets price limits and pays for supports. It is separate from the NDIS Commission, which regulates providers.
- National Disability Insurance Scheme (NDIS)The National Disability Insurance Scheme (NDIS) is Australia's national scheme that funds reasonable and necessary supports for people with permanent and significant disability. Eligible people get an individual plan and choose their providers. The NDIA runs the scheme and the NDIS Commission regulates providers.
- New framework planA new framework plan is the type of NDIS plan introduced by the 2024 NDIS Act amendments. The NDIA works out a reasonable and necessary budget from a standard support needs assessment and budget method rules, made up mostly of flexible funding plus stated supports. The transition is due to start on 1 April 2027.
- Reasonable and necessaryReasonable and necessary is the legal test in section 34 of the NDIS Act that the NDIA uses to decide which supports to fund in a participant's plan. A support must meet every criterion, including helping with goals, value for money, being effective and beneficial, and being most appropriately funded by the NDIS.
- Reportable incidentA reportable incident is a serious incident, or allegation, connected with NDIS supports that a registered provider must notify to the NDIS Commission: a death, serious injury, abuse or neglect, unlawful contact or assault, sexual misconduct, or an unauthorised restrictive practice. Most are due within 24 hours.
- Restrictive practiceA restrictive practice is any practice or intervention that restricts the rights or freedom of movement of a person with disability. The NDIS regulates five: seclusion, chemical, mechanical, physical and environmental restraint, which may only be used under a behaviour support plan and state or territory authorisation.
- Thriving KidsThriving Kids is a government program, outside the NDIS, for children aged 8 and under with developmental delay and/or autism who have low to moderate support needs, and their families. It began rolling out on 1 October 2026 and NDIS access for children does not change before 1 January 2028.
Go deeper
- NDIS reportable incidents: the complete guide for providersReportable incidents are six types of serious incident, including allegations, that registered providers must notify to the NDIS Commission within 24 hours or 5 business days.
- NDIS Practice Standards self-assessment
- Reportable incident checker
- NDIS compliance
Sources
- legislation.gov.au/C2013A00020/latest/text
- health.gov.au/our-work/ndis-legislation-changes/amendments/2024
- ndis.gov.au/ndis-laws/securing-ndis-future-generations
- health.gov.au/news/the-ndis-amendment-securing-the-ndis-for-future-generations-bill-2026-has-passed-parliament
- ndiscommission.gov.au/media-centre/parliament-passed-ndis-amendment-securing-ndis-future-generations-act-2026
- health.gov.au/our-work/ndis-legislation-changes/amendments/ndis-amendment-securing-the-ndis-for-future-generations-bill-2026/about-the-changes-to-the-ndis
General information, not legal, clinical or financial advice. NDIS rules change — check the official source before you act.
Suppora editorial team
NDIS operations and compliance writers
The Suppora editorial team writes practical guides for NDIS providers, checked against the NDIS Commission, NDIA and Fair Work sources cited on each page.
- NDIS Practice Standards
- NDIS pricing and claiming
- SCHADS Award
- Incident management
- Supported Independent Living