Advice Support Tool
Theme: Home Modifications
Sub-Theme(s): Remediation Works
References:
- National Disability Insurance Scheme Act 2013
- NDIS (Supports for Participants) Rules 2013
- NDIS Home Modification Guideline
- NDIS website: Providing Home Modifications – in particular the ‘Home Modification Guide for Builders and Designers’ document.
- s47E(d) - certain operations of agencies
Background:
Definition of remediation:
s47E(d) - certain operations of agencies
The current HMOD OG says:
- Page 3: What do we mean by home modifications? | NDIS We generally don’t fund the following features: Fixing home modifications that don’t comply with the National Construction Code or relevant Australian standards
- Page 20: What are your responsibilities for permits and approvals? | NDIS We’re not responsible for fixing your private building works or your NDIS-funded building works if things go wrong or if they don’t meet your expectations.
- Page 21: What if things don’t go how you want? | NDIS We are not responsible for fixing work that has been done. This needs to be resolved with your builder.
There are resources available that can help you resolve a dispute with your provider:
- The Quality and Safeguards Commission is responsible for handling complaints for NDIS registered providers. NDIS registered providers need to follow specific rules for quality and safety.
- The Australian Consumer Law protects you as a consumer when you buy domestic, household or personal goods or services using your NDIS funding, including from builders. The Australian Competition and Consumer Commission has some helpful resources for consumers with disability if you have a complaint or need advice.
- Your state or territory building authority will have information about resolving issues during building projects or making complaints about building providers. Our website also links to a range of resources to help you understand your consumer rights. s47E(d) - certain operations of agencies
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s47E(d) - certain operations of agencies
Advisors may be required to review the original request, the funding decision, the current issues, evidence available and required remediation works before advice can be provided.
Note: All criteria need to be met for the supports to be funded through the NDIS.
| Criteria for reasonable and necessary | Is criteria | Considerations (including evidence |
|---|---|---|
| supports | met? | used) |
| 34.1(a) Enabling the participant’s goals —> | Yes | s47E(d) - certain operations of agencies |
| ONo —-> | ||
| and objectives | No | s47E(d) - certain operations of agencies |
| ONo —_> | ||
| 34.1(b) Assist the participant’s social and economic participation | Yes > | s47E(d) - certain operations of agencies |
| ONo —> |
Criteria for reasonable and necessary supports
| Is criteria met? | Considerations (including evidence used) |
|---|---|
| 34.1(c) Value for money | |
| Consider NDIS Support for Participant Rules 2013 Part 3.1 (a) – (f); | ☐ Yes → |
| redacted: s47E(d) - certain operations of agencies | |
| redacted: s47E(d) - certain operations of agencies | |
| redacted: s47E(d) - certain operations of agencies | |
| 34.1(d) Support is effective or beneficial for the participant | ☐ Yes → |
| redacted: s47E(d) - certain operations of agencies | |
| redacted: s47E(d) - certain operations of agencies | |
| 34.1(e) Support coordinates with but does not replace informal support | ☐ Yes → |
| redacted: s47E(d) - certain operations of agencies | |
| redacted: s47E(d) - certain operations of agencies | |
| 34.1(f) Support is most appropriately funded by the NDIS | |
| Consider NDIS Support for Participant Rules 2013 Schedule 1. | ☐ No → |
| The NDIS is not responsible for remediating home modifications that don’t comply with relevant building codes, is poor quality, or was not prescribed effectively and fit-for-purpose. This is the responsibility of the provider (builder or OT depending on the issue). | |
| redacted: s47E(d) - certain operations of agencies | |
| redacted: s47E(d) - certain operations of agencies | |
| redacted: s47E(d) - certain operations of agencies | |
| Support will not cause harm or be contrary to law | |
| Consider NDIS Support for Participant Rules 2013 Part 5.1 and 5.3 | ☐ No → |
| redacted: s47E(d) - certain operations of agencies | |
| redacted: s47E(d) - certain operations of agencies | |
| Support is directly related to the participant’s disability | |
| Consider NDIS Support for Participant Rules 2013 Part 5.1 and 5.2 | ☐ No → |
| redacted: s47E(d) - certain operations of agencies | |
| redacted: s47E(d) - certain operations of agencies | |
| Support does not duplicate other supports | |
| Consider NDIS Support for Participant Rules 2013 Part 5.1 | ☐ No → |
| redacted: s47E(d) - certain operations of agencies | |
| redacted: s47E(d) - certain operations of agencies | |
| Are all of the above criteria met for all supports? | ☐ No → |
| redacted: s47E(d) - certain operations of agencies | |
| redacted: s47E(d) - certain operations of agencies |
s47E(d) - certain operations of agencies
For supports to be considered reasonable and necessary for the NDIS to fund, they must meet all criteria in Section 34 of the NDIS Act (2013) and the NDIS (Supports for Participants) Rules (2013).
s47E(d) - certain operations of agencies
As per the NDIS guidelines, the following should be communicated to the participant, builder, OT:
- It is the responsibility of the builder undertaking NDIS home modifications to understand and comply with the relevant National Construction Code, standards and regulations within the State or Territory where the work is being done. (S34.1f).
- It is the responsibility of the OT to ensure the home modifications (ie. shower size, etc) is fit for purpose and satisfies the current and future support needs of the participant (including attendant care and equipment needs) and complies with all legislation and WHS requirements. (S34.1d).
- The delegate should remind the participant, home modifications assessor, Building Works Project Manager (if engaged) and builder of the agency’s home modification guidance materials: ‘NDIS Home Modifications Guidance for Builders and Designers’ and ‘Home Modifications Operational Guideline’ to be clear on their roles and responsibilities and ensure the scope of works meets the relevant legislation and WHS requirements.
- In particular, it should be clearly communicated to the participant that it is their responsibility to source a licenced builder of their choice, be satisfied that the builder can deliver on expected standard of works, timeframes and meet the legal and administrative requirements. The participant or homeowner will sign the building contract and enter into a legal agreement with their builder. The NDIS is not a party in this contract, or involved in this agreement and therefore not liable for any issues associated with the building works.
- Participants commitments are the same as if you were paying for the work with your own money. This includes making sure you or your providers comply with any local authority regulations for the modifications. Contracts with Building Works Project Managers (BWPMs), builders and other construction professionals are between the participant and the supplier (and do not include the NDIA).
Version Control
| Version # | Status | Date | Modified by | Brief Description of Modification |
|---|---|---|---|---|
| V1.0 | Cleared | 31/08/2023 | WNS616 | Production of initial V1.0 |
| V1.0 | Cleared | 05/09/2023 | JIF775 | Transferred to Key Advisor Advice Resources repository |
Note: Document uncontrolled in hard copy
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