Where the Rules fit
The NDIS has three layers of written rules, and it helps to know which is which:
- The NDIS Act 2013: the law passed by Parliament. It sets the big rules and wins if anything conflicts
- The NDIS Rules: legislative instruments made by the Minister under the Act. They are law too, and fill in the detail
- Our Guidelines: the NDIA's operational guidelines. They explain how the NDIA applies the Act and Rules, but they are not law
Who makes the Rules
Section 209 of the Act lets the Minister make NDIS rules. Because the NDIS is jointly governed by the Australian Government and the states and territories, the Act sorts the rules into four categories with different levels of state and territory involvement.
Category A rules need the agreement of the Commonwealth and every state and territory. Category B and C rules need the agreement of particular states and territories. Category D rules only need the states and territories to be consulted. As legislative instruments, the Rules are tabled in Parliament and can be disallowed.
The main Rules for participants
There are many NDIS rules. The ones participants and families meet most often include:
- Becoming a Participant Rules: how the NDIA decides the disability and early intervention requirements, including permanence and substantially reduced functional capacity
- Supports for Participants Rules: how the NDIA decides whether a support is reasonable and necessary, and rules about managing funding
- NDIS Supports Transitional Rules 2024: the lists of what is and is not an NDIS support, in force since 3 October 2024
- Plan Management, Children and Nominees Rules: who can manage funding, who acts for a child, and how nominees work
The main Rules for providers
Provider regulation also relies heavily on rules made under the Act, administered by the NDIS Quality and Safeguards Commission. They include the rules on provider registration and the NDIS Practice Standards, the NDIS Code of Conduct, complaints management, incident management and reportable incidents, restrictive practices and behaviour support, and worker screening.
Rules and the 2026 reforms
The 2026 changes to the NDIS Act added new kinds of instruments alongside the Rules. Support determinations, the first of which started on 1 October 2026, reset funding for certain supports across many plans. Since 27 August 2026 the Minister also sets NDIS pricing through a pricing determination.
More rule changes are coming. The Department of Health, Disability and Ageing consulted on updated NDIS supports rules from 19 August to 14 October 2026, proposing 18 broader categories instead of 36. Proposals are not law until the new Rules are made, so keep checking official sources.
How to use the Rules
You can read every NDIS rule for free on the Federal Register of Legislation. You do not need to read them all. If you disagree with an NDIA decision, quoting the relevant rule, for example from the Becoming a Participant or Supports for Participants Rules, can make your review request clearer. Disability advocates and community legal centres can help you find the right one.