Quality & Safeguarding July Update

Welcome to your mid-year NDIS Quality & Safeguarding update. We’re more than halfway through the year, so it’s the perfect time to check in on what’s changed (and what hasn’t) in the ever evolving world of quality and safeguarding.

NDIS Quality and Safeguards Commission (NDIS Commission) Regulatory Reform Update

Last year the NDIS Commission established the NDIS Reform Hub and published its Regulatory Reform Roadmap. Here is a quick status update:

• Mandatory registration for Supported Independent Living (SIL) and Support Coordination and Platform Providers: Consultation is now closed. A summary report detailing the key findings from this consultation was planned to be published on the NDIS Commission’s website in June 2025 but has not yet been shared.
• NDIS Act (Bill No.2): Consultation on proposed quality and safeguard amendments to the NDIS Act is now closed. The NDIS Commission is reviewing submissions and survey responses to inform the drafting of proposed amendments. The NDIS Commission says a summary report from the consultations will be published on its website in early 2025 but it is not yet available.
• Self-directed supports: Consultation on self-directed supports is now closed. The NDIS Commission says the consultation outcomes will be shared, and next steps announced in mid 2025.

Disability Royal Commission (DRC)

The Department of Social Services (DSS) Disability Reform Roadmap indicates that the first national implementation progress report on the DRC would be released in June 2025. This date has now lapsed with no report in sight. The minutes of the recent June Disability Reform Ministerial Council state that Ministers reiterated their commitment to the implementation of the joint government response to the Disability Royal Commission recommendations as a priority for the DRMC and agreed to endorse the Biannual Report out of session by the end of August 2025.

NDIS Commission Regulatory Priorities

The NDIS Commission has published its regulatory priorities for 2025-26. These are:

1. The reduction and elimination of regulated restrictive practices.
2. Strengthened oversight and regulation of unregistered NDIS providers and sole traders.
3. Provider obligations to support participants to proactively identify and manage high-risk health concerns.
4. Provider obligations to support, train and monitor appropriately skilled and capable workers.

Learn more about the Commission’s priorities on the NDIS Commission website.

Updated Verification Module - Required Documentation

The NDIS Commission released updated versions of the Verification Module – Required Documentation in March and again in May 2025. This document sets out the evidence NDIS providers must submit during the verification audit process. The main change we can see is the introduction of an Orientation and Mobility Specialist as a profession and the acronym change for the Australian Health Practitioner Regulation Agency from AHPRA to Ahpra.

Plan Manager Audit Sampling

The NDIS Commission has made some changes to the Verification heading on the NDIS Commission’s quality audit process page leading to some confusion about what Plan Management providers are now required to supply for NDIS audits. There are now specific requirements for Plan Management providers to supply:

• a list of all the workers who deliver plan management services
• certified copies of each worker's qualifications and associated professional memberships, as required in the Verification Module - Required Documentation document
• worker screening clearances for each worker, because they are involved in the direct delivery of specified supports or services to a person with disability.

This appears stricter than the requirements set out in the Verification Module – Required Documentation, which only asks for evidence from one worker for each relevant professional role within a Bodies Corporate (sole trader and partnerships were already required to provide evidence of each worker).

Disability Intermediaries Australia (DIA) has published a media release confirming that no changes have been made to the audit requirements for Plan Managers. An NDIS Commission spokesperson has clarified that: this communication may have suggested or inferred that all workers engaged to deliver any part of plan management services must provide certified qualifications and professional memberships as a part of current or future audits. This is not the case.

The NDIS Commission goes on to clarify that: Recently we directed AQAs (Approved Quality Auditors) to not only ‘sight’ samples of NDIS Provider compliance with worker screening and professional qualification requirements, but to collect certified copies of those samples. We have directed AQAs to implement this change in auditor practice only for NDIS Providers delivering Plan Management Services (0127) currently. This means that the positions and roles within a Registered Plan Management Provider which has always been required by the NDIS Commission to hold qualifications and professional memberships will now need to support their audit by providing copies of these qualifications and professional memberships to their chosen AQA.

The NDIS Commission spokesperson explained that the direction is informed by the NDIS Commissioner’s Own Motion Inquiry into Support Coordination and Plan Management, specifically referencing Action 4 which seeks to improve the quality and integrity of support coordination and plan management services. While Action 4 does relate to enhancement of the auditing and assessment process, it talks specifically to increasing audit requirements for plan management from verification to certification level. There is no mention of increased sampling of qualifications under this particular action.

DIA advises Plan Managers to contact them if their auditor advises that all workers are required to hold formal qualifications and professional memberships. However, it is still unclear to us whether Plan Managers (who are Bodies Corporate entities) now need to provide certified copies of all qualified plan managers for their audit, or just one, as stated in the verification module.

Latest Quarterly Report

The NDIS Commission has published its latest quarterly report (January - March 2025) highlighting that it has more than tripled its compliance and enforcement action on the previous quarter. The NDIS Commission undertook 6,841 compliance and enforcement activities including:

• Five banning orders against registered and unregistered providers plus 55 banning orders against individuals.
• 1108 registration refusals where providers and/or their key personnel failed to satisfy the suitability assessment.
• 1036 corrective action requests, formally requiring NDIS providers to take steps to address non-compliance with relevant laws, regulations or registration conditions.
• Over 4000 educational activities for providers who breached their registration conditions, including those related to audit requirements.

The quarterly report shows the time taken for the NDIS Commission to make a registration decision following an audit continues to reduce for certification decisions, with a modest increase to verification decisions. Specifically:

• Certification applications were down to 195 days from 204 in the previous quarter.
• Certification renewals were down to 92 days from 139 the previous quarter.
• Verification applications increased slightly to 31 days from 29 the previous quarter.
• Verification renewals increased to 33 days from 22 in the previous quarter.

Increased Regulation in Group Homes

Associate Commissioner Natalie Wade has sent a message to Group Home Providers to highlight the steps being taken by the regulator to improve safety in group living arrangements. The NDIS Commission has conducted more than 300 announced and unannounced site visits to Specialist Disability Accommodation (SDA) dwellings to review safeguarding practices and speak with participants about their experiences. Compliance action has been taken when breaches are identified.

New SIL NDIS Practice Standards are also under development. An update on the SIL Practice Standards was published in June but no timeframes have been announced as yet. The NDIS Commission says the new standards aim to improve quality and safety in shared living and daily supports, strengthen worker training and change the way the audit process is conducted. They are being co-designed with people with disability, in partnership with Inclusion Australia, to ensure the standards are participant-centred, respectful of rights and privacy, and led by well-trained workers.

Freedom Care Banned

The NDIS Commission has permanently banned Freedom Care Group from the NDIS, following a joint investigation with the NDIA that found the provider had fraudulently claimed nearly $340,000 for services not delivered to incarcerated participants. The investigation, conducted through the Fraud Fusion Taskforce, exposed systemic breaches of the NDIS Code of Conduct, including a lack of integrity and transparency. Commissioner Louise Glanville stressed the Commission’s commitment to protecting the rights of people with disability and maintaining the integrity of the NDIS, warning that serious action will be taken against any providers who fail in their duties.

Cocoon Care Banned

The NDIS Commission has permanently banned Horizon Solsolutions Australia Pty Ltd (Cocoon SDA Care) and its Director, Muhammad Latif from delivering NDIS services, effective 7 June 2025. This follows a detailed investigation revealing serious misconduct, including fraudulent claims for deceased or incarcerated participants and privacy breaches. Horizon’s registration renewal was also refused. The ban was part of a broader cross-agency investigation led by the Fraud Fusion Taskforce. Commissioner Louise Glanville described Horizon's actions as a deliberate abuse of the system, violating the NDIS Code of Conduct and participant trust. The NDIA has supported affected participants in transitioning to new providers, and further action is being considered against related individuals and entities.

Providers to Differentiate From Independent Advocacy

The NDIS Commission has published a statement on the difference between support services and independent advocacy under the NDIS Act 2013.

The NDIS Commission states that under Section 9 of the NDIS Act, independent advocacy must be:

• Free from any real or perceived conflicts of interest
• Not connected to any NDIS provider, the NDIA, or the NDIS Commission
• Directed by the will and preferences of the person with disability

Independent advocacy is usually funded through the National Disability Advocacy Program (NDAP) and delivered by organisations that do not provide NDIS-funded supports. The NDIS Commission confirms that NDIS providers (whether registered or not), must not offer, advertise, or claim to provide ‘independent advocacy’, even if it is free or the participant receives no other supports from that provider. If providers do so and use the term "independent" inaccurately, they may be found to be in breach of the NDIS Code of Conduct and Australian Consumer Law.

NDIS Commission Person Centred Practice Resources

The NDIS Commission has published an Evidence Summary on Person-Centred Practice. It follows a research review to understand what person-centred practice means, how providers and workers can apply it and what models and approaches work best to support people with disability. It builds on findings from the Own Motion Inquiry into Supported Accommodation, which found that many group home residents need better support for choice and control.

Person-Centred Practice Resource Map

The NDIS Commission has published a Person-Centred Practice Resource Map which provides a range of good quality tools and guides to help NDIS providers and workers use person-centred practice. This resource map is helpful for providers to locate tools and resources for person-centred practice, as well as specific resources for Person-Centred Planning, Active Support and Behaviour Support.

Provider and Participant Packs

The NDIS Commission has updated its Provider and Participant Packs. The Provider and Participant Packs are designed to introduce the NDIS Commission and how it regulates, registers and supports NDIS providers, as well as supporting the rights of NDIS participants. You can order printed copies to be posted to you, or access them online.

Implementing Provider Checklist

The NDIS Commission has published an Implementing Provider Checklist. This resource is designed to assist NDIS providers in effectively implementing Behaviour Support Plans (BSPs) and ensuring compliance with the use of regulated restrictive practices.

Revised Disability Worker Registration Standards in Victoria

The Disability Worker Registration Board of Victoria has updated its registration standards, taking effect from 1 October 2025. Key changes cover:

• Criminal history
• English language requirements
• Continuing professional development (CPD)

These updates apply to all current and newly registered workers from that date. More info, including the revised standards and a summary video is available on the VDWC website.

That’s it for this month’s update. We are waiting on some big reports to drop. Specifically, the consultation on mandatory registration for SIL, support coordination and platform providers; self-directed supports; the progress report on the DRC; the summary report of Bill no. 2; new SIL practice standards - oh and let’s not forget the government’s response to the 10 year review. We are keeping our finger on the pulse and will report on these developments and their impacts as they’re available, so stay tuned.