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Media release
Media release

Disability sector organisations raise the alarm on NDIS market failure

The disability services sector is calling on the NDIA and government to take urgent and immediate action to ensure services for people with disability continue
CEO update
CEO update

CEO update: Survey shows reality of market failure, coordinated action planned

NDS is working with other groups on addressing a crisis in disability services as our survey shows more than 1000 providers set to exit the market.

Regulatory Impact statement for draft Social Service Regulations released

A person with disability is sitting at a table, their support person is sitting beside them assisting them with a task that is out of view


What you need to know

  • The Victorian Government has released a regulatory impact statement (RIS) on draft regulations to support the Social Services Regulation Act 2021.
  • The new scheme for registration and reporting for Victorian-funded social service providers will create a common set of social service standards and a single independent regulator.
  • Consultations are open and NDS is seeking your comments on how the proposed regulations might affect your organisation.

The Victorian Government has released a regulatory impact statement (RIS) on draft regulations to address registration and reporting requirements for Social Service providers. The new regulations will create a set of social service standards and a single independent regulator.  

NDS seeks feedback from members about the (RIS) for our submission.   

The Social Services Regulation Act 2021 introduced a new regulatory framework to begin on 1 July next year. The Act aims to reduce risks to service users by establishing:  

  • a new independent regulator (the Social Services Regulator) 
  • mandatory and ongoing registration for Victorian-funded social service providers within the scope of the new regulatory scheme 
  • six Social Services Standards that all registered social service providers must meet 
  • a Worker and Carer Exclusion Scheme for relating to Out of Home Care services 
  • a comprehensive and graduated set of enforcement tools for early intervention and to enable the regulator to respond to risk proportionately and quickly. 

The Act also gives the Social Services Regulator tools to better manage risks. In addition, a new worker and carer exclusion scheme will replace Out of Home Services in the Victorian Carers Register.  

NDS has concerns about how the new framework will interact with NDIS registration and whether this will lead to duplication and greater regulatory burden for providers. Some members have said they may need to reconsider supporting TAC or Workcover clients if the new system is onerous or costly. Although the issue of fees for registration is not covered in this RIS, the duplication of fees will be an issue for further consideration.  

For these reforms, regulations are required to: 

  • set out the scope of services required to comply with the proposed regulations 
  • set out the requirements for registering service providers 
  • specify a set of outcomes and service requirements to which service providers must comply that correspond to the six Social Service Standards 
  • set out the details of the Worker and Carer Exclusion Scheme. 

NDS is participating in the development of these regulations through membership of the Social Services Regulation Taskforce.  

The regulations and regulatory impact statement are now available for public consultation on the Engage Victoria website. Submission close on Wednesday 21 July 

For our submission, NDS seeks your feedback on how the changes might affect your organisation. Please email Paul Bourke by Friday 16 July: submit enquiry/feedback

Contact information

For any enquiries, please contact Paul Bourke, Policy and Project Officer, submit enquiry/feedback, show phone number