What are the new criminal penalties for NDIS providers under the 2026 Act?

Under section 73B of the National Disability Insurance Scheme Amendment (Integrity and Safeguarding) Act 2026, providing or holding yourself out as able to provide NDIS supports for which registration is required, without being registered, is punishable by up to 2 years imprisonment, 120 penalty units, or both. The 5-year maximum imprisonment applies to a separate offence: failing to comply with a banning order. Previously, operating without registration was a civil matter only.

How much are the new NDIS civil penalties?

Serious contraventions now attract civil penalties of up to 10,000 penalty units. At the current Commonwealth penalty unit of $330 (as at 1 July 2024, with the next scheduled indexation on 1 July 2026), this equates to a base penalty of $3.3 million for individuals. Under the Commonwealth body-corporate multiplier, exposure for corporations can reach up to $16.5 million. The previous civil-penalty cap under the NDIS Act was $412,500.

What are NDIS anti-promotion orders?

Anti-promotion orders are a new enforcement tool under the Act allowing the NDIS Commission to issue orders prohibiting or restricting regulated promotional conduct by providers. Breaching an anti-promotion order attracts 250 penalty units — a base penalty of $82,500 at $330 per unit, rising to approximately $412,500 for body corporates under the 5x multiplier.

Do the new banning orders apply to consultants and auditors?

Yes. For the first time, banning orders extend beyond provider staff to include auditors, consultants, and business advisors who have breached the NDIS Act or behaved in a way that poses a risk to participants. This closes a regulatory gap that previously allowed problematic individuals to continue operating through advisory roles.

The NDIS Integrity & Safeguarding Act 2026: What Every Provider Needs to Know | DSA

Q: When does the National Disability Insurance Scheme Amendment (Integrity and Safeguarding) Act 2026 take effect?

The Act received Royal Assent on 8 April 2026. Sections 1 to 3, Schedule 1 and Schedule 3 commenced on 9 April 2026 (the day after Royal Assent), bringing criminal offences, expanded banning orders, anti-promotion orders, and increased civil penalties into force. Schedule 2 commenced on 6 May 2026. Mandatory registration for SIL and platform providers begins transitioning from 1 July 2026, with the NDIS Commission to provide further transition guidance.

Criminal penalties, significantly increased civil penalties up to 10,000 penalty units, anti-promotion orders, and expanded banning powers — the biggest enforcement overhaul in NDIS history. Here is what the National Disability Insurance Scheme Amendment (Integrity and Safeguarding) Act 2026 changed and what providers need to do now.

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