Maintaining compliance as an NDIS provider

July 8, 2024

So you’re a registered NDIS provider. Now that you have undergone the NDIS audit process and received approval, you may believe you have covered everything and done your part. But it’s not as simple as you might think.

As part of your obligations under the NDIS, you also need to meet certain requirements to maintain your compliance. This includes operating in and complying with laws, keeping records of services and supports, and treating NDIS participants fairly and respectfully.

Let’s explore these in more detail.

  1. Abide by relevant Australian laws

Beyond adhering to the National Disability Insurance Scheme Act 2013 (NDIS Act), you must abide by the Australian Consumer Law.

Remember, you are providing supports to people with disability—which means you are offering paid services. In other words, you are conducting a business and must ensure the services you provide meet the sale of goods.

The Australian Consumer Law, therefore, applies. As the single, national law, it is Australia's main consumer protection law and outlines the obligations and responsibilities of businesses operating in Australia.

This means you must:

  • Behave ethically when interacting with people with disability (your clients)
  • Sell safe and accurate services
  • Operate fairly in a competitive market

Registered service providers must also follow the NDIS Pricing Arrangements and Price Limits (previously the NDIS Price Guide), which provide a framework for price controls and regulations.

Price regulation is essential in ensuring NDIS participants are not taken advantage of by service providers and that they receive value for money in the supports they seek. Price regulation occurs through price limits, which are the maximum prices registered providers can charge NDIS participants. 

What this means is that service providers have a responsibility to:

  • Charge NDIS participants for services within the price limits and pricing arrangements
  • Announce prices upfront to participants before providing a service
  • Only offer and charge for supports in a participant’s plan
  • Provide receipts to participants 

It’s also worth noting that pending action items from the NDIS Review, service providers will have to consider NDIS participants’ budgets when delivering supports and services. This means being more conscious of what you can provide and what the participant needs/can afford.

READ MORE: How to Become an NDIS Provider

  1. Maintain accurate records

We’ve explored above that you need to provide receipts to participants and only charge them for the supports outlined in their plans. This means you must also keep and maintain clear, accurate records.

Records include:

  • Invoices
  • Service agreements
  • Other documents that can validate claims for supports provided

Effective records allow you to track and organise how you deliver your supports and services and meet compliance requirements. They also allow the NDIS to verify your supports and services and can be used as evidence of compliance if any legal issues arise.

Additionally, records are essential for future audits. Remember, depending on the audit you’ve received, you will need to renew your NDIS registration every 1.5 or 3 years—so it’s important to maintain an updated and accurate log.

READ MORE: 5 Steps to Passing Your NDIS Audit

  1. Make genuine and truthful claims

Your records must be accurate to make genuine and truthful claims to the NDIS. Doing so ensures that the NDIS can rightfully reimburse you for services provided to NDIS participants through the myplace provider portal.

You, the service provider, are responsible for ensuring that the information in these claims is complete and accurate. The NDIS regularly reviews claims to ensure they are compliant, so it is crucial to double-check your claims and ensure they are not misleading.

Correct claims will contain the following information:

  • Names/details of the right participant
  • The exact supports/services delivered
  • The correct date the support/service was delivered
  • The correct rate/price

You should only make a claim after you have provided a specific support/service and within a reasonable time (no later than 90 days). 

  1. Treat participants fairly and respectfully

Finally, and most importantly, you must take a person-centred approach to providing support and services to your participants.

All NDIS service providers must behave in a way that upholds the integrity of the NDIS. This means protecting against misuse and fraud by anyone engaged with the NDIS.

As a service provider, you must:

  • Behave fairly and ethically in all your dealings with participants, especially financial
  • Ensure you do not purposely mislead a participant to gain a financial advantage
  • Provide accurate and true information about your supports and services
  • Adhere to the NDIS Code of Conduct
  • Remedy or respond appropriately to poorly delivered supports and services

READ MORE: What an NDIS Audit Means for Your Participants

Final thoughts

The journey does not end when registering with the NDIS. 

Service providers must meet ongoing obligations to remain compliant with the NDIS and continue to deliver safe, high-quality supports and services to people with disability.

Suggest additional reading:

Aalia Hussein
Instructional Designer and Writer
Imaginative and inventive, Aalia is etrainu’s resident writer. She has a passion for weaving words together and storytelling. She’s in charge of etrainu’s content, creating engaging and immersive experiences across learning and marketing.

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