Victoria and the NDIS
Victoria entered the NDIS at full scheme in 2019 following a bilateral agreement between the Commonwealth and the Victorian Government. With approximately 120,000 active NDIS participants, Victoria holds the largest share of any Australian state. The state disability minister and the Department of Families, Fairness and Housing (DFFH) play a significant role in disability policy and worker regulation, even though the NDIS itself is administered federally through the NDIS Commission.
For SIL providers, Victoria's scale creates both opportunity and competition. Demand for SIL supports is high in metropolitan Melbourne — particularly in the inner west, outer northern growth corridors, and the south-eastern suburbs — as well as in regional centres including Geelong, Ballarat, and Bendigo. The Victorian Government has also invested in disability accommodation through its Housing Statement, which creates some synergy with NDIS Specialist Disability Accommodation (SDA) development.
National vs State Requirements
A critical point for Victorian providers: NDIS registration is a federal process administered by the NDIS Quality and Safeguards Commission. The NDIS Commission operates under the National Disability Insurance Scheme Act 2013 (Cth) and the NDIS (Provider Registration and Practice Standards) Rules 2018. These apply uniformly across all Australian states and territories.
However, Victorian providers must also comply with several state-specific requirements that sit alongside the federal framework:
- Worker screening: administered by DFFH under the Worker Screening Act 2020 (Vic)
- Workplace safety: governed by the Occupational Health and Safety Act 2004 (Vic), not the national harmonised WHS Act
- Guardianship laws: the Guardianship and Administration Act 2019 (Vic) governs substitute decision-making for participants who may lack capacity
- Child Safe Standards: Victoria's Child Safe Standards (updated in 2022) apply to any NDIS provider working with children
Your NDIS registration itself is obtained from the NDIS Commission — not from the Victorian Government. But your compliance framework must reflect both layers of obligation.
Worker Screening in Victoria
In Victoria, NDIS worker screening is administered by the DFFH Worker Screening Unit. Workers apply through the Service Victoria portal at service.vic.gov.au. The check is known as the NDIS Worker Screening Check (a nationally consistent check despite being administered at state level).
Who needs to be screened?
All workers in risk-assessed roles — which includes all workers who deliver or have more than incidental contact with NDIS participants — must hold a current NDIS Worker Screening Check. For SIL providers, this means all support workers, team leaders, and registered nurses working directly with participants. Key management personnel (KMP) must also be screened regardless of whether they have direct participant contact.
Working With Children Check (WWCC)
Victoria is one of the states that maintains a separate Working With Children Check (WWCC) through Service Victoria. If your SIL service supports participants under 18 years of age, your workers may require both the NDIS Worker Screening Check and the WWCC. Check the Department of Justice website for current WWCC requirements applicable to disability workers.
Practical steps for Victorian providers
- Register your organisation as an employer on the NDIS Worker Screening database
- Direct all risk-assessed workers to apply through Service Victoria
- Maintain a Worker Screening Register — this is assessed during your certification audit
- Implement a policy for managing workers whose screening status changes
OHS Act 2004 — Victoria's WHS Framework
Victoria is the only mainland Australian state that did not adopt the national harmonised Work Health and Safety Act. Instead, Victoria operates under the Occupational Health and Safety Act 2004 (Vic), enforced by WorkSafe Victoria.
For SIL providers, this has a direct practical implication: your Work Health and Safety policy must reference the OHS Act 2004 (Vic), not the harmonised WHS Act 2011. If you purchase a generic national template that references the WHS Act 2011, you will need to update the legislative references before your audit.
The substantive obligations are very similar to the national model — duty of care, risk management, consultation requirements, incident notification — but the Act numbers, regulation names, and regulator differ. WorkSafe Victoria also has its own approved codes of practice that Victorian providers should reference in their WHS documentation.
Key Victorian OHS legislation for SIL providers:
- Occupational Health and Safety Act 2004 (Vic)
- Occupational Health and Safety Regulations 2017 (Vic)
- WorkSafe Victoria Codes of Practice (including the Code of Practice for Manual Handling, and the Code for First Aid)
Guardianship and Administration in Victoria
For SIL providers supporting participants who may lack decision-making capacity, understanding Victoria's guardianship framework is essential.
The Victorian Civil and Administrative Tribunal (VCAT) makes guardianship and administration orders under the Guardianship and Administration Act 2019 (Vic). A guardian is appointed to make personal and lifestyle decisions; an administrator makes financial decisions. For SIL providers, guardianship orders are most relevant when making accommodation decisions or obtaining consent for support arrangements on behalf of a participant.
The Office of the Public Advocate (OPA) serves two functions relevant to SIL providers:
- Guardian of last resort: The Public Advocate may be appointed as guardian when no suitable person is available
- Advocacy services: The OPA provides individual advocacy for people with disability, including in disputes about living arrangements
SIL providers should document their process for identifying whether a participant has a guardian or administrator, and for obtaining decisions from the appropriate person when the participant cannot make a decision independently.
Approved Quality Auditors Operating in Victoria
The NDIS Commission maintains the full list of Approved Quality Auditors (AQAs) on its website. The following auditors are known to operate actively in Victoria and are experienced with SIL certification audits:
| Auditor | Notes |
|---|---|
| SAI Global | Large national auditor with Melbourne presence; experienced in SIL certification |
| BSI Group Australia | International certification body; operates across metropolitan Victoria |
| Inclusive Assurance | Specialises in NDIS; strong regional Victoria coverage |
| Certex International | Smaller auditor; often more accessible for small providers |
| AMS Quality | NDIS-focused; known to operate in regional VIC centres |
Always verify current AQA status on the NDIS Commission website before engaging an auditor, as approval status can change. Given Victoria's large participant population, audit slots can be competitive — book early.
NDIS Commission — Melbourne Office
The NDIS Quality and Safeguards Commission's Victorian operations are managed from its Melbourne office:
Address: Level 4, 595 Collins Street, Melbourne VIC 3000
Phone: 1800 035 544 (national number)
Website: ndiscommission.gov.au
Registration portal: myplace.ndis.gov.au (provider portal)
The NDIS Commission does not process registrations by state — your registration application is submitted through the national provider portal. However, the Melbourne office can assist with queries about the registration process, compliance obligations, and reporting requirements for Victorian providers.
SIL and SDA Housing Context in Victoria
Victoria's housing landscape for NDIS participants is evolving rapidly. Key context for SIL providers:
SDA supply growth: Melbourne has seen significant Specialist Disability Accommodation (SDA) development since 2020, particularly in the inner suburbs and outer growth corridors. Purpose-built SDA dwellings — especially High Physical Support and Improved Liveability designs — are increasingly available, creating new opportunities for SIL providers to support participants in purpose-built homes.
Regional Victoria: Geelong, Ballarat, Bendigo, and Shepparton all have active NDIS participant communities with SIL demand. SDA supply outside metropolitan Melbourne remains limited, which means many regional SIL participants live in existing housing (private rental or social housing), requiring SIL providers to adapt support models accordingly.
Victorian Housing Statement: The Victorian Government's 2023 Housing Statement included commitments to deliver social and affordable housing, some of which is accessible and disability-appropriate. SIL providers should monitor DFFH communications about affordable housing developments that may create new SIL opportunities.
Ageing in place considerations: Victoria has a relatively high proportion of older NDIS participants in SIL arrangements. Providers should ensure their support model documentation addresses ageing-in-place planning.
Ready for Your Victorian SIL Audit?
The SIL Rescue Kit includes 65 audit-ready documents mapped to the NDIS Practice Standards — valid across all Australian states including Victoria. WHS policy references the correct OHS Act 2004 (Vic) legislative context.
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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.