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It’s one of the most anticipated reports of the year, and it’s finally been made public.
Last year, the NDIS Review’s Final Report recommended compulsory registration or enrolment for all providers, with a ‘graduated risk-proportionate model.’ This provoked a strong response, and so the government did what they often do when faced with passionate public sentiment— they set up a Taskforce. NDIS Minister Bill Shorten formed the NDIS Provider and Worker Registration Taskforce to advise the government on the design and implementation of a new registration system. The Taskforce handed its report to the Minister in July and, today, we get to see it too.
The government has not yet responded to the recommendations, so we do not know how or if they will be implemented. However, several of the recommendations would represent significant changes to the NDIS marketplace.
The Taskforce was asked to provide advice on:
- Designing a registration model that upholds the rights of choice and control.
- A Provider Risk Framework- that considers the range of supports, services and providers in the NDIS marketplace.
- Arrangements for participants who employ their own workers and platform providers.
The Taskforce consisted of:
- Ms Natalie Wade, disability rights lawyer (Chair);
- Mr Michael Borowick JP, former ACTU Assistant Secretary;
- The Hon Vicki O’Halloran AO CVO FAICD, former Administrator of the Northern Territory and former President of National Disability Services Australia;
- Professor Allan Fels AO, former chair of the Australian Competition and Consumer Commission.
What they heard
The Taskforce held public consultations from February to June 2024. They have been widely commended for their authentic and committed approach to listening far and wide to the concerns of the sector. They found:
- The current registration system is not fit for purpose.
- There needs to be greater visibility on who is providing NDIS supports. This can be done through a registration and payment system.
- Choice and control are important for people with disability.
- Providers need to be viable to provide high-quality services and need support to innovate.
- Registration and auditing should be based on the supports a provider delivers.
- Other registration systems, such as allied health professionals, who are usually registered with AHPRA, should be recognised.
They also heard concerns that compulsory registration would impact choice and control, be too costly for providers, and hold back innovative support models that are benefiting participants.
Drumroll, the Taskforce recommends:
Not all providers should be registered
The Taskforce says further consultation with the disability community and sector is required on this this, but it is thought that those who may not required to be registered would include:
- Unregistered providers who support participants who are self-directed.
- Goods bought off-the-shelf from mainstream providers. Showing proof of purchase should be enough to provide visibility of these services.
NDIA should move to fully electronic payments
The Taskforce agrees with the NDIS Review, that being able to see payments is important.
Registration should be based on risk
The Taskforce has recommended 4 types of registration:
- Advanced Registration - providers who offer high-risk supports such as behaviour support and services in high-risk/ closed settings such as group homes and supported employment.
- General Registration - providers who offer medium-risk supports such as personal care, high intensity daily personal activities, community access and therapy where there is a lot of one-on-one contact with people. These supports are provided in the community or private settings, distinguishing them from Advanced Registration. The Taskforce anticipates this category will capture most of the current disability support services that are delivered in-home or in the community.
- Self-Directed Support Registration - participants, their guardian or legal representative who contract all of their supports directly. This includes through direct employment, Services for One and independent contractors. A participant (or their representative) can register to self-direct any supports, unless they fall within the Advanced Registration category (for example, behaviour support, restrictive practices or are a Group Home). These supports would be subject to Advanced Registration regardless of self-direction. This is to avoid a loophole of a provider exploiting participants by using their self-direction to avoid registration requirements.
- Basic Registration - providers who offer lower-risk supports. Such as some sole traders* or supports where social and community participation involves limited one-on-one contact with participants.The Taskforce heard there is a need for providers to be able to register in a light touch category when delivering lower-risk supports so they are visible to the NDIS Commission without the same level of registration burden as other categories.
*Annexure A of the Report clarifies that sole traders that meet the requirements of General or Advanced Registration (in terms of the risk of the supports they deliver) would come under that higher risk category (e.g. General or Advanced).
The Taskforce also proposes a 5th category where no registration is required. This is for goods bought from mainstream retailers, with visibility maintained through purchasing arrangements.
Platform providers should be registered
The Taskforce sees no distinction between those operating in different environments such as in-person or online, in an organisation or alone. They recommend the registration category depends on the services provided, not the type of organisation.
Group homes should be registered
The Taskforce says all providers of Supported Independent Living (SIL) and Home and Living supports should be registered immediately (within 12 months). This is because there is a greater risk of violence, abuse, neglect and exploitation in these services. The Taskforce says this registration should be done under the existing registration framework and should not wait for new arrangements to be developed. However in future, group homes would fall under the Advance Registration category. The NDIS Commission should also have the right to enter group homes unannounced.
The Taskforce wants to protect choice and control
They have recommend ways to support NDIS participants to register themselves for self-directed supports including:
- Having their support providers automatically registered and visible to the NDIS Commission.
- Putting self-directed supports in a new category where they would be reviewed and audited to make sure people are safe and have quality supports.
- The Taskforce wants people with a disability to co-design this registration and audit process.
Peer support and capacity building
The Taskforce says the Australian Government should invest in peer support and capacity building programs. This will help engagement in the NDIS regulatory framework and include participants who self-direct their supports.
Strengthen the registration process
To be applied in a graduated, risk-proportionate manner, the Taskforce recommends that the following provider obligations be included and strengthened in registration:
- Code of Conduct
- Worker screening
- Complaints processes
- Incident reporting
- Practice standards
- Requirements for providers to have check-ins with the NDIS Commission
- Meaningful provider performance measures.
Processes to make sure providers follow their obligations
The Taskforce recommended the following processes to enforce provider obligations:
- Application
- Identification verification
- Code of conduct attestation
- Worker screening attestation
- Audits by the NDIS Commission and Audits by Approved Quality Auditors
- Suitability assessment of provider and key personnel
- Ongoing monitoring and compliance.
A Worker Registration Scheme for all workers
The Taskforce wants the disability community and sector to suggest and co-design the definition of ‘worker’.
The Taskforce says a Worker Registration Scheme should include:
- A public register of workers registered to provide services under the NDIS.
- Requirements for professional development.
- A worker training and qualifications framework (including minimum training and qualification requirements) to apply to the disability sector.
- Automatic, simple registration through an online portal.
- Transparency, low cost on workers or providers and enable identification verification to be conducted via myGov including photo identification.
- NDIS providers to be responsible for instruction, training and supervision of workers to enable them to perform their work in a way that is safe and without risks to the participant or themselves.
- Specific requirements for NDIS Providers in the Advanced and General Registration Categories who employ or have a job placement arrangement with five or more workers.
- A requirement for registered workers to undertake 10 hours per year of ongoing professional development training.
Mutual Recognition
The Taskforce recommends that practitioners who already hold professional registration, have that registration recognised. This will reduce duplication and administration as professionals would only need to meet obligations that their professional registration doesn’t cover.
Further details
This is just an initial summary, we will be diving deep into the analysis over the coming weeks. If you want to go deeper yourself check out:
Summary of the Taskforce recommendations
Understand what this means for providers
Understand what this means for workers
Understand what this means for NDIS participants who self-direct their supports
Accessible formats of the advice can also be found below:
Easy read version of the ndis provider and worker registration taskforce advice
AUSLAN version of the version of the ndis provider and worker registration taskforce advice
Artwork by Elizabeth Nicolaou from Bayley Arts. Bayley Arts supports artists with a disability to create, exhibit and sell art. Learn more about Bayley Arts.
