SDA: National Requirements
Providers of SDA are required to meet a number of interwoven national and state / territory requirements. The below presents a summary of regulatory obligations and agencies.
The NDIA is responsible for dwelling enrolment and establishing SDA operating rules.
NDIS (SDA) Rules 2016 compilation No. 2 - The SDA rules establish the SDA funding criteria. The federal legislation includes rules for SDA eligibility, determining the type and location of an SDA, specifying SDA in a participant’s plan, requirements for SDA to be funded, and SDA provider registration requirements.
Enrolling a dwelling as SDA - This page on the NDIS website details dwelling enrolment requirements and process.
NDIS Design Standard and implementation planNDIS Design Standard and implementation plan - The NDIS Design Standard sets detailed design requirements for new build SDA under the categories of Improved Liveability, Robust, Fully Accessible and High Physical Support. The standard does not include the Basic design category. This category will be phase out of SDA registration once all Existing and Legacy SDA stock has been enrolled by 1 July 2021. The Implementation Plan details how the Design Standard will take effect.
NDIS Operational Guidelines (SDA) - The NDIS Operational Guidelines are developed in accordance with relevant rules and legislation. They provide an operational overview and detail rules in relation to performing a SDA support needs assessment, deciding to include SDA in a participants plan and describing SDA in a participants plan.
The NDIS Quality and Safeguards Commission (NDIS Commission) is responsible for provider registration and regulating the quality and safety of NDIS services. All providers of SDA must be registered with the NDIS Commission and undergo the Certification audit procedure. All providers of SDA must demonstrate how they meet the NDIS Code of Conduct and the NDIS Practice Standards. A provider delivering only SDA is required to meet only the SDA module of the Practice Standards.
NDIS Code of Conduct - The NDIS Code of Conduct is mandatory for both registered and unregistered providers of NDIS supports. SDA providers are required to demonstrate how their policies and procedures meet the Code.
Registration requirements by support type - This document details registration requirements based on entity and support type.
Registered provider requirements - This page on the NDIS Commission website details provider registration requirements.
NDIS Practice Standards (SDA module) - To meet the NDIS Commission’s provider registration and quality audit requirements, SDA providers are required to demonstrate how their policies and procedures meet each outcome of the SDA module. To demonstrate an outcome, the SDA provider will evidence the indicators with relevant examples.
Legislation, rules and policies - There are a number of legislative instruments, rules and polices governing the delivery of SDA. The NDIS Commissions webpage includes a useful guide and lists all relevant instruments.
The ACCC regulates competition and consumer rights. SDA providers must abide by Australian Consumer Law and comply with the Completion and Consumer Act 2010.
The ACCC have many useful resources supporting consumers with disability.
The Australian Building Codes Board regulate the National Construction Code. The National Construction Code (NCC) sets the minimum construction requirements for all new building work in Australia and was previously called the Building Code of Australia.
The NDIA’s SDA Design Standard states, “The dwelling is required to comply with all applicable requirements of the NCC, including but not limited to waterproofing and termite protection measures. Apart from the spatial requirements as noted in this NDIS SDA Design Standard, where there is a conflict between the NCC and the NDIS SDA Design Standard, the NCC takes precedence.”