NDIS Information
NDIS Legislation & Current Reforms
A professional overview of the principal legislation governing the NDIS, the NDIS Rules, aged care law and current reform activity. Banksia Care monitors applicable legislation, NDIS Rules and government guidance and updates its policies and practices accordingly.
NDIS legislation
The laws that govern the NDIS.
Principal Act
National Disability Insurance Scheme Act 2013 (Cth)
The principal legislation governing the National Disability Insurance Scheme. Establishes the framework for participant access, planning, funded supports, provider registration, the NDIS Quality and Safeguards Commission and related matters. Amended multiple times since commencement, including by the 2024 and 2026 reform Acts.
NDIS Rules
National Disability Insurance Scheme Rules (various)
The NDIS Rules are legislative instruments made under the NDIS Act. They govern day-to-day operation of the Scheme, including participant access criteria, planning requirements, reasonable and necessary supports, provider registration obligations, behaviour support requirements, restrictive practices authorisation and related matters. The Rules are updated regularly and providers are required to comply with current versions.
2024 Reform Act
National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Act 2024
Introduced significant reforms to participant access criteria, planning processes, support needs assessments and the definition of NDIS supports. Introduced the concept of an NDIS support list and amended the reasonable and necessary supports framework. Because amending Acts permanently merge into the principal text upon passing, the consolidated law is available via the Federal Register of Legislation NDIS Act 2013 Current Compilation.
2026 Integrity Act
National Disability Insurance Scheme Amendment (Integrity and Safeguarding) Act 2026
Introduces significantly strengthened integrity and safeguarding provisions across the sector. Establishes expanded regulatory and information-gathering powers, strict anti-promotion enforcement boundaries, clearer banning structures, and vital protected disclosure and whistleblower mechanisms. The consolidated law is available via the Federal Register of Legislation NDIS Integrity and Safeguarding Act 2026.
Proposed Bill
National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Bill 2026
A Bill currently before Parliament. Proposed reforms include changes to access criteria, permanence of access, functional capacity assessment, plan reassessment, plan duration, the reasonable and necessary supports framework and interaction with other government systems. The content and status of proposed legislation can change while progressing through Parliament. Refer to current official Australian Government sources for the latest position.
Aged care legislation
The laws that govern aged care.
Principal Act
Aged Care Act 2024 (Cth)
The Aged Care Act 2024 replaced the Aged Care Act 1997 and commenced on 1 July 2025. It establishes a rights-based framework for aged care in Australia, introduces the Statement of Rights for older people, strengthens provider obligations, establishes the new Aged Care Quality Standards, and governs the Support at Home program and residential aged care. Banksia Care's aged care services are delivered in accordance with this Act.
View on Federal Register of LegislationSupport at Home
Support at Home Program
The Support at Home program commenced 1 July 2025, replacing the Home Care Packages program and the Commonwealth Home Support Programme (CHSP). It provides government-funded in-home aged care services to eligible older Australians. Access is through My Aged Care and an Aged Care Assessment. Banksia Care delivers Support at Home services to eligible clients.
Support at Home, Department of Health and Aged CareQuality Standards
Aged Care Quality Standards
The Aged Care Quality Standards set out the expectations for the quality of care and services that approved aged care providers must meet. The Standards are administered by the Aged Care Quality and Safety Commission and cover areas including consumer dignity and choice, ongoing assessment and planning, personal care and clinical care, services and supports for daily living, service environment, feedback and complaints, human resources, and organisational governance.
Aged Care Quality Standards, Aged Care Quality and Safety CommissionRaising concerns
External assistance and escalation.
If you have a concern about NDIS or aged care services that has not been resolved through your provider, there are several external bodies and representatives who can help. You do not need a lawyer to raise a concern.
NDIS Quality and Safeguards Commission
The NDIS Quality and Safeguards Commission is the national body responsible for regulating NDIS providers and workers. You can make a complaint about an NDIS provider or worker, report a reportable incident, or raise concerns about the quality or safety of NDIS supports. Complaints can be made online, by phone or in writing.
Aged Care Quality and Safety Commission
The Aged Care Quality and Safety Commission handles complaints about aged care services funded by the Australian Government, including Support at Home, residential aged care and short-term care. Complaints are free, confidential and can be made anonymously. The Commission can investigate and require providers to take action.
Your local (state) Member of Parliament
Your NSW state MP can raise concerns about state-administered services, funding gaps, or systemic issues with disability and aged care services in your area. MPs have staff who assist constituents with government agency matters and can write on your behalf to relevant departments. Find your local MP using the NSW Parliament electorate finder.
Your federal Member of Parliament
Your federal MP can assist with matters involving Commonwealth-funded programs including the NDIS, aged care, Centrelink and the DSP. Federal MPs can write to the relevant minister or department on your behalf, refer matters to the Commonwealth Ombudsman, or raise systemic issues in Parliament. Find your federal MP using the AEC electorate finder.
Commonwealth Ombudsman
The Commonwealth Ombudsman investigates complaints about Australian Government agencies including the NDIA, Services Australia (Centrelink) and the Department of Health and Aged Care. If you have exhausted the agency's internal complaints process and remain unsatisfied, the Ombudsman can investigate and recommend remedies. Complaints are free.
Disability Advocacy NSW
Disability Advocacy NSW provides free, independent advocacy for people with disability in NSW. Advocates can support you to understand your rights, navigate the NDIS, resolve disputes with providers, and have your voice heard in decisions that affect you. They do not represent providers or government agencies.
People with Disability Australia (PWDA)
People with Disability Australia is a national disability rights and advocacy organisation led by and for people with disability. PWDA provides individual advocacy, systemic advocacy, and peer support. They can assist with NDIS matters, discrimination, and human rights concerns.
National Disability Advocacy Finder
The Department of Social Services maintains a national directory of funded disability advocacy organisations. Use the finder to locate an independent advocate in your area who can assist with NDIS, Centrelink, housing, or other disability-related matters.
Older Persons Advocacy Network (OPAN)
OPAN provides free, independent advocacy for older people receiving or seeking aged care services in Australia. Advocates can help you understand your rights under the Aged Care Act 2024, raise concerns about your care, navigate the complaints process, and engage with My Aged Care. Services are available in all states and territories.
Information on this page is general information only and does not constitute legal, financial or individual NDIS or aged care advice. The NDIS and aged care legislative and regulatory environment continues to evolve. Refer to current official Australian Government sources for the latest legal position.
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