NDIS Mission Critical: October Edition

NDIS Mission Critical is DSC’s quick briefing for CEOs, Boards, and senior management on critical NDIS issues.

I-CAN Assessment Tool

The NDIS has officially selected the I-CAN (Instrument for Classification and Assessment of Support Needs, version 6) as its needs assessment tool for participants aged 16 and over. NDIA assessors will use I-CAN to determine a person’s required supports across 12 core domains, scoring both how often support is needed and how intensive that support must be. For people with more complex disabilities, the NDIA said there would be more targeted tools. The assessment’s outcome will form the basis of a report which the NDIA will use to allocate a funding budget and build a “new framework plan,” replacing the previous reliance on external professional reports. I-CAN will be delivered by the NDIA through a partnership with The Centre for Disability Studies and Melbourne University. The rollout of these new framework plans has been delayed to mid-next year. Learn more at Needs assessment tool selected.

NDIS Commission Practice Standards Reviews

The NDIS Quality and Safeguards Commission (NDIS Commission) is progressing two projects to improve the practice standards. The first is a general review of the NDIS Practice Standards following recommendations from the Disability Royal Commission, the NDIS Review and its Own Motion Inquiries. In October and November, KPMG will be facilitating a series of consultation activities for the NDIS Commission to seek stakeholder feedback to improve the way standards guide the delivery of quality and safe supports. The consultation will focus on an approach to revise the NDIS Practice Standards, a Quality Framework and proposed guidance material recommendations.

You can participate in the following ways:

1. Register your interest to join an online workshop or an in-person discussion - Click here to register. Contact [email protected] OR +61 02 9273 5090 if you require assistance registering your interest.
2. Complete an online survey. To be released 20th October 2025 on the NDIS Commission website.
3. Submit your ideas in writing. Submissions open 20th October 2025. Submit via [email protected].
4. Submit your ideas in audio or video recording, drawing. Submissions open 20th October 2025. Contact [email protected] for a dedicated link with instructions on how to securely upload a video recording, audio or visual.

The second is a new Supported Independent Living (SIL) Practice Standard, that will focus on strengthening quality and safety in shared accommodation with daily supports and providing clearer guidance to frontline workers. The NDIS Commission has partnered with Inclusion Australia to centralise participant perspectives. Learn more on the NDIS Commission’s website.

NDIS Bill no. 2

The NDIS Commission has now released its “What we heard” consultation report on Bill no. 2. The proposed amendments to the NDIS Act seek to strengthen the NDIS Commission’s powers over monitoring, compliance and information gathering. Key reforms include new statutory duties for providers and key personnel, an expanded penalty framework, anti-promotion orders and greater scope for banning orders. Other proposals on the cards include strengthened requirements for providers to produce both documents and information, shorter timeframes for responses and data to be stored within Australia. The report on the consultation process showed that stakeholders generally supported stronger safeguards, but called for more clarity on the requirements. Some stakeholders were concerned about increased regulatory burden, especially on smaller providers, feedback emphasised the need for balanced, proportionate implementation. The NDIS Commission will now use this feedback to draft an exposure draft of the Bill, providing another opportunity for input. You can find out more about the responses in NDIS Bill No. 2- Consultation Report.

Mandatory registration

The NDIS Commission ran a consultation to examine the proposed mandatory registration for SIL, Support Coordination and Platform Providers. They recently published “What we heard” reports summarising feedback from the community.

• SIL and Support Coordination Providers: Stakeholders were generally supportive of the efforts to raise quality and accountability, but raised concerns about cost impacts, fairness and equity across providers, risks of disruption for participants if smaller or trusted providers cannot meet requirements and uncertainty around how and when the changes would roll out. The NDIS Commission has committed to further consultation and co-design before implementation. Learn more in Consultation outcomes of mandatory registration papers released!
• Platform Providers: Consultation highlighted that participants and workers value the choice, flexibility and innovation of platforms, but raised concerns about safety, quality and accountability. Most supported a clear definition of a platform provider and consistent safeguards (e.g. worker screening, complaint handling), while some worried about reduced choice, costs and worker exits - particularly in rural areas. The NDIS Commission says it plans a staged transition with proportionate obligations, clear guidance and further engagement to balance choice with stronger protections. Learn more on NDIS Commission’s What we heard report on its website.

Specialist Disability Accommodation (SDA) Design Standards Under Review

The long-overdue review of the SDA Design Standards is underway. The review is expected to run for at least 12 months and aims to update design requirements to reflect lived experience, keep pace with industry standards and improve environmental sustainability. The project will also consider how the new SDA Design Standard will be implemented, including when the new requirements will take effect. Details on the consultation process will soon become available, along with the Review’s terms of reference. Read the announcement on the NDIA’s website.

Workers Compensation Injury Frequency Rate (WCIFR)

The Lost Time Injury Frequency Rate (LTIFR) has now been replaced by the Workers Compensation Injury Frequency Rate (WCIFR). While the LTIFR measured incidents where workers lost more than one shift, the WCIFR captures all workers’ compensation claims, making it a broader and more accurate measure of workplace safety incidents.

The WCIFR is calculated by dividing the number of claims by the total hours worked (per million hours). For example, if a workplace reports 15 claims in a year and employees worked a total of 3,000,000 hours, the calculation would be:

• 3,000,000 hours divided by 1,000,000 = 3
• Then 15 claims divided by 3 = 5.
• Giving a WCIFR of 5.

Safe Work Australia provides an online dashboard that shows WCIFR by industry, occupation and claim type. According to this data, the Health Care and Social Assistance sector has a WCIFR of 14.5.

AI Generated Allied Health Report Rejected by Tribunal

An NDIS participant’s appeal for more NDIS funding was rejected after the Administrative Review Tribunal found that two therapist’s reports supporting her claim were partly written using AI and contained errors, such as wrongly stating she lived in a rural area. The Tribunal emphasised that while AI use is not prohibited, health professionals remain responsible for ensuring their reports are accurate and evidence-based. The NDIA’s refusal of additional supports was upheld. If you want to learn more about the ethical use of AI in reporting writing check out this workshop NDIS Reporting Practical Tools for AHPs.

Fair Work Decision Uncertainty on Sleepover Shifts

A recent case has raised questions about how sleepover shifts are treated under the SCHADS Award. A support worker complained to the Fair Work Ombudsman (FWO) that she was not receiving the 15% night shift loading for overnight work. The FWO agreed with her, but the employer disagreed. The matter was taken to court (Jats Joint Pty Ltd v FWO [2025] FCA 743), where the employer won. However, the FWO is now appealing the decision. The key issue is whether a sleepover shift counts as ordinary hours of work. If it does, then workers should receive a 15% loading.

The FWO says it will review and, if necessary, update its information in accordance with the outcome of the appeal proceedings and the applications to the Commission. FWO encourages providers to check back regularly for updates. In the meantime, if you need advice about the sleepover provisions of the SCHADS Award that could be impacted by the appeal proceedings, the FWO recommends seeking independent legal advice. Learn more on the FWO website.

Fair Work Ombudsman Inquiry

The FWO has begun an inquiry into compliance with workplace pay and conditions in the disability support services sector. The sector has been targeted due to what the Ombudsman states are serious concerns and a history of widespread non-compliance. The purpose of the inquiry is to identify the reasons for non-compliance and how the sector can improve. One of the stated aims is to ensure that employers find it easier to comply with the SCHADS Award. The inquiry is expected to take a number of years and will include consultation with the sector. Measures to reduce non-compliances will then be developed and rolled out, including education, tools and resources. Learn more on the FWO website.

Transition from PRODA

As part of the NDIA’s efforts to combat fraud, they are strengthening their identity verification process. The Provider Digital Access (PRODA) system is being replaced by the Relationship Authorisation Manager (RAM), which is a verification service managed by the Australian Tax Office (ATO). All providers who access NDIS portals will need to create an Australian Government-managed identity, known as myID, in order to log in to RAM. By the end of 2025, PRODA will be fully decommissioned and without MyID and RAM set up, providers won’t be able to access the NDIA or NDIS Commission portals. Learn more on the NDIA’s website or in this webinar.

New Child Safe Laws in Queensland

Providers who work with children or provide services or spaces for children in Queensland, now need to comply with Queensland’s new child safeguarding law - the Child Safe Organisations Act (the Act). Under this law, organisations need to introduce 10 Child Safe Standards and the Universal Principle, starting from 1 October 2025. Providers delivering services to children with disability will also be required to implement a Reportable Conduct Scheme starting from 1 July 2026. There are a range of templates and resources to support organisations including guidelines, a self-assessment, posters and training on the Queensland Family & Child Commission website.