Information for providers about changes to OPA’s NDIS deeds – October 2022

Following recent changes to the National Disability Insurance Scheme Act 2013 (Cth) (the NDIS Act), OPA has updated the Support Coordination (SC), Plan Management (PM) and Miscellaneous Services (MS) deeds and Deed Amendment Schedules to make it easier for providers to vary and extend an existing deed. 

This page explains the changes that are being made to those deeds, Deed Amendment Schedules and associated processes. 

Any questions or feedback about the changes can be sent to: [email protected].

What is changing and why? 

Prior to these changes, all OPA deeds (except SDA deeds) were limited to the term of the participant’s current NDIS plan. A Deed Amendment Schedule could be submitted to change the details of services set out in Schedule 2 of a MS or SC deed during the plan period. However, when the participant received a new plan, a new deed had to be submitted. 

The NDIS Act was recently amended to allow participants’ plans to be varied and extended (rather than simply replaced with a new plan). 

In response, OPA has updated the MS, SC and PM deeds to allow a Deed Amendment Schedule to be submitted when a participant’s plan has been varied, extended or replaced (as well as in any other circumstances where changes to the services set out in the existing deed are required). The term of the deed will automatically extend to cover the new plan period specified in the Deed Amendment Schedule. 

This means that providers will only need to establish a deed with each participant once, because the same deed can now be extended to cover services in future plan periods. 

When can I submit a Deed Amendment Schedule? 

You can submit a Deed Amendment Schedule if: 

• There is a co-signed MS, SC or PM deed in place between you and the participant
• That original co-signed deed was submitted on or after 9 May 2022, and
• The guardian has agreed to the continuing or varied services. 

There is no limit on the number of Deed Amendment Schedules that can be made. 

Note if the original co-signed deed was submitted prior to 9 May 2022, a new deed would need to be submitted instead. 

What happens after I submit a Deed Amendment Schedule? 

After a MS or PM Deed Amendment Schedule is submitted, it is automatically sent to the support coordinator for review. 

Once the support coordinator has confirmed the details in the Deed Amendment Schedule, a PDF copy will be sent to the provider, the support coordinator and OPA. The Deed Amendment Schedule will be taken to be made at that point unless the guardian contacts the provider within 5 business days to advise that they do not accept it. 

However, if the Deed Amendment Schedule adds any new services, or removes or discontinues any services listed in Schedule 2 of the original deed (or in the most recent Deed Amendment Schedule), the Deed Amendment Schedule will need to be co-signed by the guardian before it is finalised. 

A Deed Amendment Schedule replaces Schedule 2 of the original deed and any earlier Deed Amendment Schedules in respect of services to be provided during the relevant plan period. This means that each Deed Amendment Schedule must set out all services to be provided during the relevant plan period, and specify the dates of that plan. 

What clauses in the deeds are changing? 

New deeds submitted on or after 19 October 2022 will include the following changes to support this new deed amendment process. 

MS deeds

• Clause 1.1 – definitions of ‘End Date’ and ‘Participant’s Plan’ amended  
• Clause 3.1.7 – acknowledgement that a Deed Amendment Schedule (rather than new deed) must be made in order to continue the provision of services beyond the original deed end date 
• Clause 3.2.6 – provider warranty regarding charging of services outside the plan dates specified in the deed removed  
• Clause 3.3.7 – new provider responsibility to submit a Deed Amendment Schedule as required 
• Clause 7.1 – amended to expand and explain the operation of Deed Amendment Schedules

PM deeds

• Clause 1.1 – definitions of ‘Deed’, ‘Deed Amendment Schedule’, ‘End Date’, ‘Participant’s Plan’, ‘Plan Manager’ and ‘Services’ added/amended and ‘Service Provider’ removed
• Clause 3.1.7 – acknowledgement that a Deed Amendment Schedule (rather than new deed) must be made in order to continue the provision of services beyond the original deed end date 
• Clause 3.2.5 – new plan manager responsibility to submit a Deed Amendment Schedule as required 
• Clause 7.1 – amended to provide for and explain the operation of Deed Amendment Schedules 

SC deeds

• Clause 1.1 – definitions of ‘End Date’ and ‘Participant’s Plan’ amended  
• Clause 3.1.7 – acknowledgement that a Deed Amendment Schedule (rather than new deed) must be made in order to continue the provision of services beyond the original deed end date 
• Clause 3.2.6 – support coordinator warranty regarding charging of services outside the plan dates specified in the deed removed 
• Clause 3.3.5 – support coordinator’s responsibility to review submitted deeds/Deed Amendment Schedules amended to refer to the ‘Support Coordinator’s Notation’ appended to deeds   
• Clause 3.3.12 – new support coordinator responsibility to submit a Deed Amendment Schedule as required 
• Clause 4.1.1 – minor consequential amendment and reference to plan reassessments instead of reviews 
• Clause 8.1 – amended to expand and explain the operation of Deed Amendment Schedule. 

While OPA has endeavoured to draw attention to all substantive changes, providers should review the amended deeds and Deed Amendment Schedules in full and seek independent advice as required. 

What does this mean for existing deeds submitted before 17 October 2022?

A Deed Amendment Schedule can still be submitted in relation to an original deed that was submitted prior to 17 October 2022 (but after 9 May 2022). This is because the Deed Amendment Schedules provide that, by submitting the Deed Amendment Schedule, clauses 1.1, 3.1.7 and 7.1 of the deed (or clauses 1.1, 3.1.7 and 8.1 in the case of SC deeds) are taken to be varied by agreement to align with those clauses in the current version of the deed. 

Providers may submit a new deed instead of a Deed Amendment Schedule if they prefer.