NDIS Mission Critical

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

2024/25 Price Guide Released

The latest NDIS Pricing Arrangements and Price Limits (PAPL) has been released with no pricing increase to level 2 & 3 support coordination, plan management or most therapies (psychology the exception). While the NDIA did uplift prices to cover the increase to the Award for core support disability support worker (DSW) services, it fell short of the boost needed to cover rising costs. You can find more about the changes in our analysis.

DSC Provider Viability Summits

The Annual Pricing Review reported that 64% of provider respondents identified financial sustainability as their primary business risk, with many expressing concern about their ongoing financial viability. With viability being a major concern for providers, DSC is hosting a series of one day summits in Brisbane, Sydney, Melbourne and online dedicated solely to this very issue. The summits will combine expert presentations with practical provider insights into:

• Size and Structure: agility vs scale, mergers & acquisitions, specialisation vs diversification.
• Technology: efficient systems, data dashboards and AI.
• Pricing: successfully navigating the PAPL.
• Workforce: productivity and innovation.
• Compliance: investing in quality.
• Risk: reducing insurance and Workcover costs.
• Leadership: making it all happen.

Presale priced tickets available until the 16th of August.

NDIS Provider and Worker Registration Taskforce

The NDIS Provider and Worker Registration Taskforce has now published its final report.

Key recommendations include:

• A four tiered registration system including a seperate registration tier for those who self-direct their supports
• Not requiring mainstream retailers to register
• All group homes and home & living providers to be registered within 12 months and be subject to unannounced visits
• Platform providers to be required to register
• A worker registration scheme for all workers
• Mutual recognition of other registration systems

You can read our full summary on our website including links to all the Taskforce reports.

NDIS Bill Update

After pressure from the community, the Greens and the LNP, the (Getting the NDIS Back on Track no. 1) Bill 2024 was sent back to the Senate Inquiry for two more days of hearings. The Inquiry received a further 242 written submissions. The witnesses at the public hearings focused mostly on debt-raising powers, whole-of-person issues relating to qualifying impairments, ability to review the assessment, and co-design. The Senate Inquiry was set to deliver its report by the 5^th of August 2024 but the committee has requested an extension until 9 August 2024 to allow it to conduct an additional hearing. The government will then consider any further proposed amendments and the bill will be put to a final vote in the Senate. If it passes, it will become law.

Draft List of NDIS Supports

On Sunday, NDIS Minister Bill Shorten published a draft list of what constitutes an NDIS support. Under the new NDIS legislation before the Senate, the definition of an NDIS support will have major implications for planning and eligibility decisions. The proposed list would serve as a transitional arrangement, until the federal government can reach agreement with states & territories on permanent legislative Rule.

Public consultation is conducted through the Department of Social Services website and closes on 18th August. The list includes 36 categories of NDIS supports, 15 categories of goods and services that cannot be considered NDIS supports, and a description of services that the government believes should be provided by mainstream services. The full list can be found here.

Disability Royal Commission Response

The Australian Government released its official response to the Disability Royal Commission, 10 months after the Final Report was handed down last September. The government responded to 172 of the 222 recommendations that were their primary or shared responsibility with the states and territories.

Of those recommendations, the Australian Government:

• Accepted in full 13 recommendations.
• Accepted in principle 117 recommendations.
• Is further considering 36 recommendations.
• Noted 6 recommendations.

You can read our analysis on our website.

Increase to Minimum Wage and Super

The Fair Work Commission has announced a 3.75% increase to the National Minimum Wage and minimum award wages. From 1 July 2024:

• the National Minimum Wage increases to $915.90 per week or $24.10 per hour,
• award minimum wages increase by 3.75%.

This increase applies to workers employed under the SCHADS award.

On 1 July 2024, the superannuation guarantee rate also increased from 11% to 11.5%.

Changes to Short Notice Cancellations

The NDIA has changed its rules for short-notice cancellations. Services not covered by the Disability Support Worker (DSW) Cost Model can no longer charge for short-term cancellations with 7 days’ notice. This has been reduced to 2 clear business days and applies to most Capacity Building supports. Services covered by the DSW Cost Model (which is most Core supports) can continue to charge for up to 7 days’ notice to align with the requirements under the SCHADS award.

Changes to Billing for High Intensity Support

The latest PAPL has amended the definition of a high intensity support, and in turn who can charge the higher support worker rate. Previously the definition included supports where frequent assistance was required to manage challenging behaviours that require intensive positive behaviour support. This has now been removed and only supports that come under the high intensity support skill descriptors can be billed at the higher intensity rate.

Updated ATO Advice

The ATO has released further advice on charging GST on NDIS supports. The advice gives more detailed guidance on services that can charge GST, and how specific roles like Plan Managers must work out whether a service is GST-eligible. GST and NDIS services is a complex area, providers should engage specialist legal and financial advice relevant to their own circumstances.

Right To Disconnect (Closing Loopholes Bill)

From 26th August 2024, eligible employees will have the right to refuse employer or third-party contact outside of working hours. This is the most recent change from the Closing Loopholes Industrial Relations Reforms. The change takes effect from 26th of August 2024 for non-small business employers, and 26th of August 2025 for small business employers. The new rules allow an employee to refuse contact outside their working hours, unless that refusal is unreasonable. The factors used to determine if contact is reasonable include the reason for the contact, whether the employee is paid extra for being available, their role and responsibilities, and their personal circumstances, including family or caring responsibilities. Providers should ensure their employment instruments and policies reflect the new employee rights.

NDIS Pricing Reform

The Australian Government has announced $5.3 million in 2024–25 to undertake preliminary work on the NDIS pricing function reforms. The aim is to strengthen transparency, predictability and alignment with other sectors. The Independent Health and Aged Care Pricing Authority (IHACPA) will work closely with the Department of Social Services and the Agency to undertake this initial work, including reviewing existing pricing approaches and developing a pricing data strategy.

NDIS Commission Grants Open

The ‘Support for NDIS Providers’ Grants Program funding round is now open. In this funding round the NDIS Commission is seeking applications for grant projects that address the area of knowledge and skill development.

Eligible activities may include:

• Peer-to-peer workshops.
• Digital resources, including apps and podcasts.
• Interactive online environments.
• Resource development – handbooks, websites, e-product and animations.
• Delivering training and information sessions.
• Pilot programs.
• Facilitating capability building workshops.

NDIS providers (registered or unregistered) are able to apply for a grant, as well as non-service providers. The minimum funding available is $100,000.00 with a maximum of $500,000.00.