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​​​​The NSW Public Guardian and the National Disability Insurance Scheme (NDIS)​

​The Role of the Public Guardian within the NDIS

When the Public Guardian is appointed with a services or advocacy function we will consent to the represented person becoming an NDIS participant. The Public Guardian will advocate for the participant's reasonable and necessary support needs, both current and future, to be built into their NDIS plans.

The role of Private and Enduring Guardians within the NDIS

 If you are a private or enduring guardian for a person eligible for the NDIS you should contact the NDIA to let them know you are the legally appointed guardian. You can contact the NDIA on 1800 800 110. You should also let service providers know you are the legally appointed guardian. In your role as guardian you may be asked to provide consent for the person under guardianship to access NDIS funding. You should also be involved in plan development and providing consent to engage or cease services. Our factsheet for private and enduring guardians involved in the NDIS has more information.

 What is the NDIS?

The National Disability Insurance Scheme (NDIS) is a way for people to get individualised disability support over their lifetime. Funding is provided based on 'reasonable and necessary' support that fits the person's goals and aspirations. 

The National Disability Insurance Agency (NDIA) is a Commonwealth agency that delivers the scheme. By 2018 the NSW government will no longer provide disability services.

Reasonable and necessary supports help people with disability achieve their goals, including independence, community involvement, employment and wellbeing. Supports may include personal care and support, access to the community, therapy services and essential equipment. The NDIS is not means-tested. NDIS participants include people with intellectual, physical, sensory and psychosocial disabilities.

NDIS participants are able to make decisions about things such as

  • the type of supports and services they need
  • who provides them
  • how they are delivered
  • how resources are used
  • how their funding is managed

The first stage of the NDIS in NSW began in the Hunter are in July 2013. From 1 July 2016 the NDIS began to roll out to other areas of NSW​. The NDIS is being rolled out gradually across NSW and is accepting people first who already receive government funding. Each participant of the NDIS is approved a funded plan to meet their support needs.

When the NDIS is fully operational in NSW, the NSW State Government, Family and Community Services (FACS) will no longer provide disability services to NDIS participants.

Does a person need to have a legally appointed guardian to be a participant in the NDIS?

Most people with disability don't need a guardian because they can be supported to make their own decisions. The NDIS aims to build the participant's capacity for self-determination and decision making support may be an area for inclusion in the NDIS plan. Things that help support a person include:

  • an approved NDIA plan
  • services that meet the person's needs. These are services that promote the person's choice and control
  • having confidence in their existing  service providers to understand and meet their needs and preferences
  • strong relationships with informal supporters who can help the person access and understand information and options for decision making
  • having contact with a Local Area Coordinator (LAC) to find support services 
  • having a Coordinator of Supports funded in their plan.  

​Who is eligible to access the NDIS?

People who are eligible for the NDIS:

are Australian citizens

have a significant and permanent disability

under the age of 65

live in an area when the NDIS is available

The NDIS Access Checklist can help you find out if you are eligible. 

The Public Guardian does not determine eligibility for the NDIS but we will advocate for represented people (appointed a guardian) to access the scheme or alternate supports. 

Useful Links

NDIS website

Easy English NDIS Information

NDIS Quality and Safeguards Commission 


PG &​​​ ND​IS ​Factsheet​​

Joining NDIS Easy English factsheet

NDIS Participant Information

NDIS Stakeholder Information

NDIS Commission Provider Obligations