NDIS & Disability Services
legal advice for NDIS providers and disability service organisations on compliance, regulation and risk management.
Our award-winning team advises NDIS providers and disability service organisations on regulatory compliance, contracts, disputes and risk management. Laws are quickly changing and complaints and disciplinary actions are on the rise. You need sound advice from specialist lawyers you can trust to help you navigate problems and take full advantage of opportunities. That's where we come in. Whether you're an established NDIS provider or just starting out, we will help you stay ahead of the competition. Our services include:
Advising NDIS providers on compliance, regulatory obligations and risk issues, including conditions of registration and ongoing provider obligations.
Guiding providers through NDIS regulatory change, reform and evolving compliance expectations in practice.
Drafting and reviewing NDIS service agreements to ensure providers are protected in practice - not just compliant on paper.
Assisting providers responding to NDIS Commission investigations, compliance infringement notices and other regulatory enforcement actions.
Drafting and negotiating key contracts, including supplier and service delivery agreements.
Assisting NDIS providers with disputes including managing complaints, service breakdowns and participant-related issues.
Advising on privacy issues and preparing practical privacy policies for NDIS service delivery environments.
Providing intellectual property advice relevant to branding, systems and operational materials used by providers.
Assisting with mergers and acquisitions and corporate restructuring involving NDIS and disability service businesses.
“Kinny Legal provided knowledgeable and wise counsel to our organisation in our recent application for SDA enrolment in a complex case. Jessica was always available and provided quick and pragmatic advice as we navigated the NDIS regulatory environment.”
Frequently Asked Questions
Who do you act for?
We act for NDIS providers of all shapes and sizes on a wide range of legal issues.
We don’t act for NDIS participants or their families.
Can you review or improve my NDIS Service Agreement template?
Yes. We regularly review existing templates and prepare customised, upgraded NDIS Service Agreements. Many templates used in the market don’t include all the terms required to support compliance, reduce risk and encourage a positive long-term relationship with customers. Templates can also become outdated as NDIS rules change. We’ll assess whether your agreement is compliant, identify gaps, and recommend practical improvements to better protect your business and support growth. If you choose to proceed, we can upgrade your template for a fixed fee.
My NDIS business has received a notice from the NDIS Commission. Can you help?
Yes. We regularly assist NDIS providers to complete internal investigations and prepare their response to the Commission. We can advise you throughout the entire process so you can move forward with confidence.
Can you help me buy or sell NDIS businesses?
Yes, and engaging the right team is critical to a successful transaction. We offer experienced M&A lawyers and deep NDIS expertise – as specialists in your industry, we are best-placed to guide you through the process and identify potential issues that a non-specialist might overlook.
Buying or selling a health, NDIS or aged care business involves several key stages, from early negotiations and due diligence through to contract negotiations, completion and post-completion obligations. Understanding what to expect at each stage can help buyers and sellers identify risks and keep the transaction on track.
Some NDIS providers are choosing to exit the sector by winding down their businesses instead of selling. However, closing an NDIS business involves more than simply stopping services. This article outlines eight key issues providers should consider when planning an orderly wind-down of their NDIS operations.
Jessica Kinny and Kinny Legal have again been recognised by Doyle’s Guide to Leading Lawyers and Law Firms 2026 - New South Wales in the Health and Aged Care Category
The OAIC is conducting its first-ever privacy compliance sweep and businesses in breach may face penalties of up to $66,000. Find out what you need to know and what your business should do to stay compliant.
In a recent Federal Court ruling, the Court fined a registered NDIS provider $2.5 million for serious compliance failures, including unsafe participant and worker environments and repeated breaches of reportable incident requirements. This case sends a strong warning to all NDIS providers about the need for robust risk management, incident response systems and proactive compliance processes.
The NDIA has released an updated Price Guide that will take effect from 24 November 2025. Providers should check whether the new Price Guide may impact their services and charging arrangements and seek legal advice from a NDIS specialist if unsure.
Jessica Kinny and Kinny Legal have been recognised by Doyles Guide to Leading Lawyers and Law Firms 2025 - New South Wales in the Health and Aged Care Category
Recent enforcement actions taken by the ACCC send a clear warning to NDIS providers - misleading advertising will not be tolerated.
Kinny Legal has been recognised as one of Australia’s top specialist law firms in the 2025 Top Specialist Firms report.
Recent changes strengthening privacy protections reflect the growing importance of privacy protection in Australia and the increasing consequences for non-compliance. Find out what you need to know.
Consistent cash flow is essential for the long-term health of your business. Plus, no one enjoys chasing overdue accounts. Strategic investment in the right areas will help your business get paid on time and avoid write-offs. Here are our top tips to help you get immediate results.
Aged care and other health businesses are experiencing a wave of reforms leaving many carefully considering their futures – including whether to sell. But how do you get the best sale price with the lowest stress and risk exposure? Here are our top tips.
With significant regulatory and funding changes across the health sector, M&A interest is on the rise. But how do you secure a great growth opportunity and avoid the “lemons”? Here are our top tips.
Proposed changes to NDIS funding have the potential to reshape the NDIS service landscape across Australia, and many providers may need to substantially change their service model to continue receiving NDIS funding.
Significant legal changes to employment and contractor classifications increase the risks for Australian businesses. Find out what’s changing and what you can do to protect your organisation.
Being investigated by the NDIS Commission can be overwhelming. Providers face a significant risk when dealing with complaints and failure to satisfy the Commission can have serious, long-term consequences. A well-prepared response often resolves the issue, however, it can be a daunting, time-consuming task. Here are our tips to get you started.
An NDIS service provider was recently fined $1.8 million and ordered to pay the NDIS Commission’s legal costs, following serious breaches of NDIS laws.
The case follows the tragic death of an NDIS participant in 2022 due to complications associated with burns she suffered while receiving personal care supports from the provider. It is only the second civil case brought by the Commission against a provider since 2016.
The National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024 was introduced into Federal Parliament on 27 March 2024 and marks the first of the foreshadowed changes to the NDIS laws following the NDIS Royal Commission Final Report. The Bill proposes several changes to (amongst other matters) participant funding which could have big impacts on NDIS provider cash flows and debt risk management.
Navigating the National Disability Insurance Scheme (NDIS) can be challenging for service providers, who often encounter payment issues when the National Disability Insurance Agency (NDIA) refuses payment for various reasons. A recent decision by the Administrative Appeals Tribunal of Australia (AATA) sheds light on key issues facing NDIS providers and raises concerns about their ability to recover debts.
From 1 January 2023, voluntary assisted dying laws will come into effect in Queensland and it’s essential that all providers understand how this will affect them. Find out what you need to know in our latest blog.
This guide (with compliance checklists) is designed to help current and aspiring NDIS providers check whether they are at risk and what they should do to bolster their risk and compliance strategies.
Complaints are unpleasant, but can happen. If your organisation receives a complaint it must manage that complaint in a way that meets the complex and comprehensive statutory requirements of the NDIS legislation. There are also additional steps that ought to be taken from risk management, continuous improvement, and reputation perspective. So, what should you do when a complaint is made about your service? This article discusses the key steps.
Many aged care providers provide support services to participants in the National Disability Insurance Scheme . Providers can be registered or unregistered, and each option has its advantages and disadvantages. So which option is best for your organisation?
Aged care providers have been granted a statutory grace period in relation to certain registered provider requirements – allowing them to provide services that could otherwise only be provided by registered NDIS providers. This grace period was scheduled to end on 30 June 2020 but has been recently extended to 30 November 2020. So, what does this mean for your organisation?
