NDIS Commission gets new powers to strengthen NDIS integrity and safeguards

The passage of the National Disability Insurance Scheme Amendment (Integrity and Safeguarding) Act 2026 delivers tougher penalties for serious misconduct and unsafe practices, and stronger powers for the NDIS Commission to protect participants from abuse, neglect, exploitation and fraud. The Act was passed by federal parliament in early April and amends the NDIS Act.

Key measures of the legislation that will enhance our regulatory work include:

• Tougher civil penalties and new criminal offences for serious misconduct:

  • Civil penalties for providers have increased from a maximum of $412,500 to more than $15 million when a participant is hurt or injured under the provider’s care.

  • New criminal offences – attracting up to 5 years’ imprisonment – will address behaviour that demonstrates continual and intentional disregard of regulatory arrangements that protect participant safety. Specifically, this refers to providing supports that require registration without being registered, and for failing to comply with a banning order.

• Stronger regulatory powers for the NDIS Commission:

  • Strengthened monitoring, compliance and enforcement powers

  • Expanded banning order powers to ban auditors and consultants

  • Anti-promotion orders to restrict unscrupulous providers and others from promoting products or services that undermine the integrity of the NDIS.

• Strengthened whistleblower protections.

The Act also includes amendments related to the operations of the NDIA, including:

• providing additional safeguards to participants wishing to withdraw from the Scheme

• mandating electronic forms to prevent fraud and abuse of the system

• creating a new power for the NDIA to request evidence before claims are made.

This legislation follows detailed consideration by the parliament, including review by the Senate Community Affairs Legislation Committee, and was informed by the NDIS Commission’s consultation and regulatory intelligence.

You can read more about the contents of the Act on the Department of Health, Disability and Ageing website.