What is the NDIS Early Intervention Criterion?
The NDIS has two access criteria: the disability criterion and the early intervention criterion. A child or person does not need to have a confirmed permanent disability to access the NDIS — if early intervention is likely to reduce their future support needs or maximise their long-term outcomes, they may access the scheme through the early intervention pathway.
The early intervention criterion is defined in Section 25 of the NDIS Act 2013. To meet it, a person must:
- Have a disability or developmental delay that is attributable to an intellectual, cognitive, neurological, sensory, or physical impairment, or a combination
- Benefit significantly from early intervention (supports that reduce future support needs or maximise long-term outcomes)
The key distinction from the disability criterion is the phrase "benefit significantly." The NDIA is investing in early intervention because the evidence shows that intensive, well-targeted intervention in the early years of a child's life (or early in the onset of an acquired condition) can dramatically reduce lifelong support needs. This evidence basis is central to how providers justify early intervention funding.
Early intervention is available to people of any age — it applies to acquired brain injuries in adults, for example, as well as to young children with developmental delays. However, in practice, the majority of early intervention NDIS participants are children aged zero to nine.
The Early Childhood Approach for Children Under 9
For children under 9 years, the NDIS uses a distinct access pathway called the Early Childhood Approach (formerly the Early Childhood Early Intervention approach, or ECEI). This approach is delivered by Early Childhood Partners (ECPs) — organisations contracted by the NDIA in each local area to provide the access pathway and early support for young children and their families.
The Early Childhood Approach recognises that for very young children, the best intervention is family-centred, delivered in natural environments (home, childcare, community), and builds the capacity of parents and carers to support their child's development. The approach is grounded in the International Classification of Functioning (ICF) and early childhood development evidence.
How the Early Childhood Approach works in practice
When a family first contacts the NDIS about a young child, they are connected with an Early Childhood Partner. The ECP:
- Meets with the family to understand the child's needs and the family's concerns
- Connects the family with mainstream and community supports that don't require NDIS funding
- Provides short-term funded supports to families who need immediate help while their access request is being processed
- Assesses whether the child meets the NDIS access criteria (disability or early intervention)
- If the child meets criteria, supports the family through the NDIS planning meeting
Not all children who go through the Early Childhood Approach will receive an NDIS plan. Many children with mild developmental concerns can be supported through mainstream services without entering the NDIS. This is consistent with the NDIS principle that the scheme is for those with significant and ongoing needs — not a substitute for universal early childhood services.
Early Intervention Supports vs Mainstream Supports
A common source of confusion for families and providers is the boundary between NDIS-funded early intervention and mainstream services such as Medicare-funded therapies, state-funded early childhood education programs, and community health services.
The NDIS is not intended to replace Medicare or state-funded services. For example:
- A child with a language delay who needs speech pathology may be able to access this through Medicare's Enhanced Primary Care plan (up to five sessions per year). The NDIS would fund speech pathology only when the child's needs exceed what Medicare can provide.
- A child with autism who is enrolled in a state-funded inclusive education program should have their educational supports funded by the education system, not the NDIS.
- A child who needs occupational therapy for developmental coordination disorder may access some sessions under Medicare before NDIS funding is justified.
Providers must be clear about this boundary when working with families. Claiming for supports that are properly the responsibility of Medicare or state health systems is a misuse of NDIS funds and risks compliance action.
Registration Requirements for Early Intervention Providers
Providers delivering early intervention supports under an NDIS plan need to be registered, particularly for NDIA-managed participants. The specific registration requirements depend on the type of support delivered:
| Support Type | Registration Group | Audit Type | Notes |
|---|---|---|---|
| Early Intervention Supports for Early Childhood | 0128 | Certification | Covers therapy + developmental supports for under-9s |
| Therapeutic Supports (allied health) | 0128 | Certification | Occupational therapy, speech pathology, physiotherapy |
| Assistance with Daily Life | 0107 | Certification | If providing daily personal support to children |
| Support Coordination | 0106 | Certification | If coordinating supports for the child |
Organisations providing early intervention supports commonly need registration under group 0128. The NDIS (Provider Registration and Practice Standards) Rules 2018 require these providers to meet the NDIS Practice Standards Core Module and the Early Childhood Supports supplementary module.
Individual allied health practitioners who work as sole traders delivering NDIS-funded therapy for children may register as individual practitioners rather than as an organisation. Individual registration under group 0128 still requires a certification audit, but the process is tailored to the sole trader context. Allied health professionals are also subject to their relevant professional registration bodies (AHPRA, SPA, OTA, etc.) in addition to NDIS Commission requirements.
Registration Group 0128: What It Covers
Registration group 0128 (Early Intervention Supports for Early Childhood) covers a broad range of supports for children under 9 years. These include:
- Speech pathology, occupational therapy, and physiotherapy delivered to young children
- Applied behaviour analysis (ABA) and other evidence-based behavioural interventions
- Family capacity-building supports (teaching parents and carers strategies)
- Developmental playgroup facilitation
- Specialist early childhood educator support
- Feeding therapy and sensory processing intervention
- Augmentative and alternative communication (AAC) assessment and training
Providers must ensure their staff delivering 0128 supports meet qualification and experience requirements. For therapeutic supports, practitioners must hold the relevant professional qualification (e.g., a speech pathologist must hold a degree in speech pathology and be eligible for membership with Speech Pathology Australia). For non-allied health early intervention supports, staff should hold minimum qualifications in early childhood education or disability support.
Documentation Requirements for Early Intervention Services
Early intervention providers are subject to the same NDIS Practice Standards documentation requirements as all registered providers, with some additional expectations specific to working with children. Under Core Module Outcome 2.3 (Information Management), records must be maintained that demonstrate:
- The child's diagnosis, functional assessment results, and support goals
- The evidence base for the intervention approach selected
- Session-by-session progress notes documenting the child's responses and skill development
- Parent or carer involvement and capacity-building activities
- Progress toward NDIS plan goals (using developmental milestone language appropriate to the child's age and condition)
- Risk management considerations specific to working with children (safeguarding, mandatory reporting)
- Consent records (both NDIS and professional consent requirements)
Early intervention providers also have mandatory reporting obligations under state child protection legislation. If during the delivery of early intervention supports, a practitioner has reason to believe a child is at risk of abuse or neglect, they must report this regardless of the NDIS context.
Functional Assessments and Reports: What the NDIA Needs
For a child to access the NDIS under the early intervention criterion, evidence must be provided that demonstrates:
- The child has or likely has a disability or developmental delay
- Early intervention is likely to significantly benefit the child
- The supports proposed are reasonable and necessary under Section 34 of the NDIS Act
Evidence can come from multiple sources and should paint a comprehensive picture of the child's functional needs. Accepted evidence types include:
- Paediatrician diagnostic reports and assessments
- Speech pathology assessments using standardised tools (e.g., CELF Preschool, PLS-5)
- Occupational therapy sensory and functional assessments
- Physiotherapy motor development assessments
- Psychological assessments (cognitive, developmental, autism diagnostic)
- Early childhood specialist observations and reports
Reports should be current (typically no older than 12 months), describe the child's functional capacity using the language of the ICF (functioning, activity limitations, participation restrictions), and make specific recommendations about what interventions are needed and at what intensity.
How Progress Notes Differ for Children
Progress notes for children in early intervention differ from adult daily support notes in several important ways:
Developmental milestone framing
Progress for children is best documented against developmental milestones and functional skill benchmarks. Rather than saying "Liam made good progress this week," a compliant note says "Liam demonstrated receptive language at the 24-month level, using two-word combinations to request items during play activities — improvement from single-word requests three weeks ago."
Parent and carer involvement
Early intervention research consistently shows that outcomes are significantly better when parents and carers are trained to apply intervention strategies in everyday routines. Progress notes should document what strategies were taught or modelled to parents, and what parents reported from home practice.
Naturalised learning contexts
Notes should document the contexts in which skills were practiced — during bath time, while reading, at the playground, in the childcare environment. The NDIS values supports delivered in natural environments, and documentation that reflects this approach supports evidence of reasonable and necessary intervention.
The NDIS Notes Rewriter can help allied health practitioners and support workers write clear, goal-linked session notes for children with NDIS plans.
Getting certified as an early intervention provider?
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Get the SIL Rescue Kit — $297Early Childhood Partner vs Registered NDIS Provider: What's the Difference?
This distinction confuses many people entering the early intervention space:
| Feature | Early Childhood Partner (ECP) | Registered NDIS Provider |
|---|---|---|
| How funded | NDIA contract (not from participant plan) | From participant's NDIS plan budget |
| How to become one | Apply for NDIA Early Childhood contract (competitive tender) | Register with NDIS Commission, complete audit |
| Who they serve | All families in their local area (pre-access and post-access) | Participants who have an approved NDIS plan |
| Main function | Access facilitation, family support, community connection | Delivering specific funded supports from the plan |
| Can they also be a provider? | Yes, but strict conflict-of-interest rules apply | N/A |
Most organisations working in early intervention are registered NDIS providers, not Early Childhood Partners. ECPs are a relatively small number of organisations with NDIA contracts in each region. If you want to deliver therapy or support under a child's NDIS plan, you need registration as an NDIS provider — not an ECP contract.
Important: This article provides general guidance about NDIS compliance requirements. It is not legal or professional advice. Requirements may change as the NDIS Commission updates its policies and Practice Standards. Always verify current requirements with the NDIS Quality and Safeguards Commission or a registered NDIS consultant before making compliance decisions.