Contents
Part 1 · Preliminary
2Commencement#
(1)Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information | ||
|---|---|---|
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. The whole of this instrument | 1 October 2026. | 1 October 2026 |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2)Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3Authority#
This instrument is made under section 34A of the National Disability Insurance Scheme Act 2013.
4Definitions#
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) funding component amount;
(b) old framework plan;
(c) participant;
(d) plan;
(e) supports.
In this instrument:
excluded subgroup: see subsections 7(1) and 8(1).
IDLS group of supports: see subparagraph 5(a)(ii).
renewed plan: see subsection 9(6).
SECP group of supports: see subparagraph 5(a)(i).
source plan: see subsection 9(6).
Part 2 · Reducing funding for groups of supports
Division 1 · The percentage for reducing funding component amounts
5Reduced funding for specified groups of supports#
For the purposes of paragraph 34A(1)(a) of the Act:
(a)each of the following groups of supports is specified:
(i)assistance with social, economic and community participation (the SECP group of supports);
(ii)improved daily living skills (the IDLS group of supports); and
(b)the percentage for reducing funding component amounts for each group of supports is determined to be as follows:
(i)for the SECP group of supports—50%;
(ii)for the IDLS group of supports—10%.
Division 2 · Excluded subgroups
7Excluded subgroups within the SECP group of supports#
(1)For the purposes of subsection 34A(1C) of the Act, the following subgroups within the SECP group of supports are specified as excluded subgroups for the purposes of subsection 34A(2A) of the Act:
(a)supports in employment;
(b)high intensity supports;
(c)intensive and complex behaviour supports.
(2)For the purposes of this instrument, an excluded subgroup specified in subsection (1) consists of the supports specified in Part 1 of Schedule 1 for the subgroup.
8Excluded subgroups within the IDLS group of supports#
(1)For the purposes of subsection 34A(1C) of the Act, the following subgroups within the IDLS group of supports are specified as excluded subgroups for the purposes of subsection 34A(2A) of the Act:
(a)disability related health supports;
(b)customised and wearable technology;
(c)hearing services.
(2)For the purposes of this instrument, an excluded subgroup specified in subsection (1) consists of the supports specified in Part 2 of Schedule 1 for the subgroup.
Division 3 · Subclasses of plans for excluded groups
9Subclasses of plans for excluded groups#
(1)For the purposes of subsection 34A(1CA) of the Act, each of the following is, for the purposes of subsection 34A(2A) of the Act, a subclass of participants’ plans in relation to an excluded subgroup:
(a)subclass A;
(b)subclass B;
(c)subclass C;
(d)subclass D.
Subclass A plans
(2)A plan is in subclass A in relation to an excluded subgroup if:
(a)the plan was made otherwise than by renewal by force of section 50A of the Act; and
(b)the plan comes into effect on or after 1 October 2026; and
(c)the Agency’s records show that, in preparing the plan, an amount was allocated for supports in the excluded subgroup as part of determining the funding component amount for the group of supports containing the excluded subgroup.
Note: An amount may be allocated for supports in an excluded subgroup in preparing a plan even though the amount is not separately specified in the plan and funding may be used flexibly within the relevant group of supports.
Subclass B plans
(3)A renewed plan is in subclass B in relation to an excluded subgroup if:
(a)the renewed plan comes into effect on or after 1 February 2027; and
(b)the source plan for the renewed plan came into effect on or after 1 October 2026; and
(c)the Agency’s records show that, in preparing the source plan, an amount was allocated for supports in the excluded subgroup as part of determining the funding component amount for the group of supports containing the excluded subgroup.
Subclass C plans
(4)A renewed plan is in subclass C in relation to an excluded subgroup if:
(a)the renewed plan comes into effect on or after 1 February 2027; and
(b)the source plan for the renewed plan came into effect before 1 October 2026; and
(c)the funding for supports in the group of supports containing the excluded subgroup under the plan then in effect for the participant was not, at any time during 2026, managed wholly or to a specified extent by either of the following:
(i)the participant;
(ii)a nominee of the participant in accordance with subsection 43(5) or (6) of the Act; and
(d)the Agency’s records show that:
(i)at any time during 2026, a payment of an NDIS amount was made in accordance with the plan then in effect for the participant for supports in the excluded subgroup; and
(ii)in preparing the source plan, an amount was allocated for supports in the excluded subgroup as part of determining funding for the group of supports containing the excluded subgroup.
Subclass D plans
(5)A renewed plan is in subclass D in relation to an excluded subgroup if:
(a)the renewed plan comes into effect on or after 1 February 2027; and
(b)the source plan for the renewed plan came into effect before 1 October 2026; and
(c)the funding for supports in the group of supports containing the excluded subgroup under the plan then in effect for the participant was, at any time during 2026, managed wholly or to a specified extent by either of the following:
(i)the participant;
(ii)a nominee of the participant in accordance with subsection 43(5) or (6) of the Act; and
(d)the Agency’s records show that:
(i)at any time during 2026, a payment of an NDIS amount was made in accordance with the plan then in effect for the participant for supports in the group of supports containing the excluded subgroup; and
(ii)in preparing the source plan, an amount was allocated for supports in the excluded subgroup as part of determining funding for the group of supports containing the excluded subgroup.
Definitions
(6)In this instrument:
renewed plan means a plan that, by force of section 50A of the Act, is renewed as a new plan.
source plan, for a renewed plan, means the most recent plan for a participant that:
(a)was made otherwise than by renewal by force of section 50A of the Act; and
(b)was replaced, directly or through one or more renewed plans, by the renewed plan.
Division 4 · Determining the portion of the funding component amount attributable to an excluded subgroup
10How to determine the portion attributable to an excluded subgroup#
(1)For the purposes of subsection 34A(2B) of the Act, this section specifies how to determine the portion of the funding component amount stated in a plan for a group of supports that is attributable to funding for the supports in an excluded subgroup within that group.
(2)The portion is to be determined by identifying the amount allocated, in preparing the relevant plan, for supports in the excluded subgroup as part of determining funding for the group of supports containing the excluded subgroup.
Note: The amount referred to in subsection (2) may have been taken into account in determining funding for a group of supports without being separately specified in the plan.
(3)The amount referred to in subsection (2) is to be identified:
(a)if the amount is separately specified in the relevant plan—from that plan; or
(b)otherwise—from the Agency’s records.
(4)For the purposes of subsections (2) and (3), the relevant plan is:
(a)for a plan in subclass A—that plan; or
(b)for a plan in subclass B, C or D—the source plan for that plan.
Division 5 · Application and transitional provisions
11Application#
(1)Section 6 applies in relation to an old framework plan that comes into effect on or after 1 October 2026 whether or not a plan reassessment resulting in the plan began before that day.
(2)In applying section 9 or 10, regard may be had to information in the Agency’s records about a payment made, or an amount allocated, before 1 October 2026.
Schedule 1 · Supports in excluded subgroups
Note: See sections 7 and 8.
Part 1 · Supports in excluded subgroups within the SECP group of supports
1Supports in the supports in employment subgroup#
For the purposes of paragraph 7(1)(a), the following table specifies the supports in the supports in employment subgroup.
| Supports in the supports in employment subgroup | |
|---|---|
| Item | Supports |
| 1 | Supports in Employment—Weekday Daytime |
| 2 | Supports in Employment—Weekday Evening |
| 3 | Supports in Employment—Saturday |
| 4 | Supports in Employment—Sunday |
| 5 | Supports in Employment—Public Holiday |
| 6 | Activity Based Transport—Specialised Supported Employment |
| 7 | Establishment Fee For Personal Care/Participation—Specialised Supported Employment |
| 8 | Centre Capital Cost—Specialised Supported Employment |
| 9 | Provider travel—non-labour costs—Specialised Supported Employment |
2Supports in the high intensity supports subgroup#
For the purposes of paragraph 7(1)(b), the following table specifies the supports in the high intensity supports subgroup.
| Supports in the high intensity supports subgroup | |
|---|---|
| Item | Supports |
| 1 | Establishment Fee For Personal Care/Participation—High Intensity Daily Personal |
| 2 | Access Community Social and Rec Activ—High Intensity—Weekday Daytime |
| 3 | Access Community Social and Rec Activ—High Intensity—Weekday Evening |
| 4 | Access Community Social and Rec Activ—High Intensity—Saturday |
| 5 | Access Community Social and Rec Activ—High Intensity—Sunday |
| 6 | Access Community Social and Rec Activ—High Intensity—Public Holiday |
| 7 | Activity Based Transport—High Intensity Daily Personal Activities |
| 8 | Centre Capital Cost—High Intensity Daily Personal Activities |
| 9 | Group Activities—High Intensity—Weekday Daytime |
| 10 | Group Activities—High Intensity—Weekday Evening |
| 11 | Group Activities—High Intensity—Saturday |
| 12 | Group Activities—High Intensity—Sunday |
| 13 | Group Activities—High Intensity—Public Holiday |
| 14 | Provider travel—non-labour costs—High Intensity Daily Personal Activities |
| 15 | Group Activities In A Centre—1:4—Complex—Public Holiday |
| 16 | Group Activities In A Centre—1:5—Complex—Weekday Daytime |
| 17 | Group Activities In A Centre—1:5—Complex—Weekday Afternoon |
| 18 | Group Activities In A Centre—1:5—Complex—Saturday |
| 19 | Group Activities In A Centre—1:5—Complex—Sunday |
| 20 | Group Activities In A Centre—1:5—Complex—Public Holiday |
| 21 | Access Community Social And Rec Activities—Level 1—Weekday Daytime |
| 22 | Access Community Social And Rec Activities—Level 1—Weekday Evening |
| 23 | Access Community Social And Rec Activities—Level 1—Saturday |
| 24 | Access Community Social And Rec Activities—Level 1—Sunday |
| 25 | Access Community Social And Rec Activities—Level 1—Public Holiday |
| 26 | Access Community Social And Rec Activities—Level 2—Weekday Daytime |
| 27 | Access Community Social And Rec Activities—Level 2—Weekday Evening |
| 28 | Access Community Social And Rec Activities—Level 2—Saturday |
| 29 | Access Community Social And Rec Activities—Level 2—Sunday |
| 30 | Access Community Social And Rec Activities—Level 2—Public Holiday |
| 31 | Access Community Social And Rec Activities—Level 3—Weekday Daytime |
| 32 | Access Community Social And Rec Activities—Level 3—Weekday Evening |
| 33 | Access Community Social And Rec Activities—Level 3—Saturday |
| 34 | Access Community Social And Rec Activities—Level 3—Sunday |
| 35 | Access Community Social And Rec Activities—Level 3—Public Holiday |
| 36 | Access Community Social And Rec Activities—High Intensity Composite |
3Supports in the intensive and complex behaviour supports subgroup#
For the purposes of paragraph 7(1)(c), the following table specifies the supports in the intensive and complex behaviour supports subgroup.
| Supports in the intensive and complex behaviour supports subgroup | |
|---|---|
| Item | Supports |
| 1 | Intensive and Complex Behaviour Supports—Weekday Daytime |
| 2 | Intensive and Complex Behaviour Supports—Weekday Evening |
| 3 | Intensive and Complex Behaviour Supports—Saturday |
| 4 | Intensive and Complex Behaviour Supports—Sunday |
| 5 | Intensive and Complex Behaviour Supports—Public Holiday |
Part 2 · Supports in excluded subgroups within the IDLS group of supports
4Supports in the disability related health supports subgroup#
For the purposes of paragraph 8(1)(a), the following table specifies the supports in the disability related health supports subgroup.
| Supports in the disability related health supports subgroup | |
|---|---|
| Item | Supports |
| 1 | Delivery of Health Supports by an Enrolled Nurse—Weekday Daytime |
| 2 | Delivery of Health Supports by an Enrolled Nurse—Weekday Evening |
| 3 | Delivery of Health Supports by an Enrolled Nurse—Saturday |
| 4 | Delivery of Health Supports by an Enrolled Nurse—Sunday |
| 5 | Delivery of Health Supports by an Enrolled Nurse—Public Holiday |
| 6 | Delivery of Health Supports by an Enrolled Nurse—Weekday Night |
| 7 | Delivery of Health Supports by a Registered Nurse—Weekday Daytime |
| 8 | Delivery of Health Supports by a Registered Nurse—Weekday Evening |
| 9 | Delivery of Health Supports by a Registered Nurse—Saturday |
| 10 | Delivery of Health Supports by a Registered Nurse—Sunday |
| 11 | Delivery of Health Supports by a Registered Nurse—Public Holiday |
| 12 | Delivery of Health Supports by a Registered Nurse—Weekday Night |
| 13 | Delivery of Health Supports by a Clinical Nurse—Weekday Daytime |
| 14 | Delivery of Health Supports by a Clinical Nurse—Weekday Evening |
| 15 | Delivery of Health Supports by a Clinical Nurse—Saturday |
| 16 | Delivery of Health Supports by a Clinical Nurse—Sunday |
| 17 | Delivery of Health Supports by a Clinical Nurse—Public Holiday |
| 18 | Delivery of Health Supports by a Clinical Nurse—Weekday Night |
| 19 | Delivery of Health Supports by a Clinical Nurse Consultant—Weekday Daytime |
| 20 | Delivery of Health Supports by a Clinical Nurse Consultant—Weekday Evening |
| 21 | Delivery of Health Supports by a Clinical Nurse Consultant—Saturday |
| 22 | Delivery of Health Supports by a Clinical Nurse Consultant—Sunday |
| 23 | Delivery of Health Supports by a Clinical Nurse Consultant—Public Holiday |
| 24 | Delivery of Health Supports by a Clinical Nurse Consultant—Weekday Night |
| 25 | Delivery of Health Supports by a Nurse Practitioner—Weekday Daytime |
| 26 | Delivery of Health Supports by a Nurse Practitioner—Weekday Evening |
| 27 | Delivery of Health Supports by a Nurse Practitioner—Saturday |
| 28 | Delivery of Health Supports by a Nurse Practitioner—Sunday |
| 29 | Delivery of Health Supports by a Nurse Practitioner—Public Holiday |
| 30 | Delivery of Health Supports by a Nurse Practitioner—Weekday Night |
| 31 | Provider travel—non-labour costs—Community Nursing Care |
| 32 | Individual Assessment And Support By A Nurse |
| 33 | Community Nursing Care For Continence Aid |
| 34 | Composite Funding For Delivery Of Health Supports By An Enrolled Nurse |
| 35 | Composite Funding For Delivery Of Health Supports By A Registered Nurse |
| 36 | Composite Funding For Delivery Of Health Supports By A Clinical Nurse |
| 37 | Composite Funding For Delivery Of Health Supports By A Clinical Nurse Consultant |
| 38 | Composite Funding For Delivery Of Health Supports By A Nurse Practitioner |
5Supports in the customised and wearable technology subgroup#
For the purposes of paragraph 8(1)(b), the following table specifies the supports in the customised and wearable technology subgroup.
| Supports in the customised and wearable technology subgroup | |
|---|---|
| Item | Supports |
| 1 | Selection or Manufacture of Individualised Technology—Direct Service |
| 2 | Selection or Manufacture of Individualised Technology—Cancellation |
| 3 | Selection or Manufacture of Individualised Technology—Non-Face-to-Face |
| 4 | Selection or Manufacture of Individualised Technology—Provider Travel |
| 5 | Selection or Manufacture of Individualised Technology—NDIA Requested Reports |
| 6 | Selection or Manufacture of Individualised Technology—Telehealth |
| 7 | Provider travel—non-labour costs—Customised Prosthetics |
6Supports in the hearing services subgroup#
For the purposes of paragraph 8(1)(c), the following table specifies the supports in the hearing services subgroup.
| Supports in the hearing services subgroup | |
|---|---|
| Item | Supports |
| 1 | Audiologist—Direct Service |
| 2 | Audiologist—Cancellation |
| 3 | Audiologist—Non-Face-to-Face |
| 4 | Audiologist—Provider Travel |
| 5 | Audiologist—NDIA Requested Reports |
| 6 | Audiologist—Telehealth |
| 7 | Audiometrist—Direct Service |
| 8 | Audiometrist—Cancellation |
| 9 | Audiometrist—Non-Face-to-Face |
| 10 | Audiometrist—Provider Travel |
| 11 | Audiometrist—NDIA Requested Reports |
| 12 | Audiometrist—Telehealth |
| 13 | Therapy—Audiologist—Direct Service |
| 14 | Therapy—Audiologist—Cancellation |
| 15 | Therapy—Audiologist—Non-Face-to-Face |
| 16 | Therapy—Audiologist—Provider Travel |
| 17 | Therapy—Audiologist—NDIA Requested Reports |
| 18 | Therapy—Audiologist—Telehealth |
| 19 | Provider travel—non-labour costs—Hearing Services |
| 20 | Provider travel—non-labour costs—Specialised Hearing Services |
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.