Legal Issues in the NDIS: Reforms, Compliance and Risk Avoidance

This is your comprehensive guide to navigating the most significant reforms and compliance challenges in the NDIS sector since its inception. With civil penalties, infringement notices and banning orders it is essential that you gain the knowledge, tools and confidence to manage legal risk and meet compliance obligations in the NDIS space. Whether you’re a provider, legal advisor or compliance professional, you’ll gain practical insights and actionable strategies. You'll take a deep dive into the biggest legislative reforms since the NDIS began, stay on top of compliance trends and enforcement powers, master decision-making in the NDIS space, prepare for emerging risks and navigate the issues of neurodiversity in the workplace. Gain practical tips for compliance with the Disability Inclusion Acts, the foreshadowed Disability Discrimination Act reforms and universal provider registration. Navigate best practice for compliance with the NDIS including pricing and competition law plus psychosocial safety and WHS duties.

Wednesday, 18 February 2026
11.45am to 12.30pm Neurodiversity, the Law and the Workplace

 

  • What Is neurodiversity?
  • Neurodiversity in the workplace
  • Legal risks in hiring and managing neurodiverse employees
  • Foreshadowed reforms to the Disability Discrimination Act 1992 (Cth)
  • Practical tips for employers

Presented by Chris Molnar, Partner, Kennedys

Session 2: Strategies for Managing Legal Risks in NDIS Practice

Chair: Clare van Drunen, General Counsel, My Place

4.15pm to 5.15pm From Broken to Safe: Employment Law, Discrimination and Psychosocial Safety in the NDIS Sector

 

With the evolving landscape of workplace laws and the increasing focus on psychosocial safety, NDIS providers face unique challenges in maintaining compliance and fostering safe, inclusive environments. Gain a practical update from compliance with employment law and award developments to psychosocial hazards and workplace wellbeing.

Key topics include:

  • SCHADS Award Update: What’s changed, what’s coming, and how to stay compliant
  • Psychosocial hazards & WHS duties: understanding your obligations under the WHS framework
  • Workplace culture & risk: how to foster a safe and inclusive based on trust rather than fear of speaking up
  • Discrimination and inclusion: legal risks and best practices in managing diverse workforces

Equip yourself with the knowledge and tools to confidently manage their workforce, reduce legal risk, and promote safe and inclusive workplaces.

Presented by Fay Calderone, Partner, Hall & Wilcox; Recognised in The Best Lawyers and Doyle’s Guide for Labour & Employment Law

Session 1: Navigating NDIS Legislative Reform and Compliance

 Chair: Kim Boettcher, Barrister, Frederick Jordan Chambers 

9.50am to 10.40am NDIS Compliance Trends and Case Studies

 

  • Recap of enforcement powers
  • Recent compliance trends including audit non-compliance
  • Compliance case studies including civil penalties, infringement notices and banning orders

Presented by Madeline Walsh, Partner, Thomson Geer

10.55am to 11.45am Legislative Updates: The Biggest Reform to NDIS Since its Inception

Presented by Belinda Kochanowska, Founder & Principal, Intrepidus Law

9.00am to 9.50am Navigating Compliance with the Disability Inclusion Acts: State and Federal

 

  • An introduction to the observable factual indicators of defensible decision-making competence
  • The relevance of insight and memory to decision-making competence?
  • Triggers for concern: nature of the disability and Introducing the Glasl Model for Conflict Escalation
  • Complying with SCR 8: should this apply to all professionals
  • The relevance of these matters when dealing with NDIS clients and the active duties of NDIS providers
  • Plan Nominees and Personal representatives – storm clouds on the horizon

Presented by Michael Perkins, Principal Lawyer, MJP Collab and Dr Jane Lonie, Consultant Clinical Neuropsychologist, Dr Jane Lonie

12.30pm to 1.15pm Appealing a NDIS Decision to the Administrative Review Tribunal (ART)

 

  • Recap of process of internal and external merits review
  • Limitations of ART to address all participant “issues”
  • Tips for providers when asked to provide evidence in an ART matter
  • Reforms to the ART (October 2024) and impact on NDIS
  • Appeals to the Federal Court of Australia

Presented by Angela Cox, Principal Lawyer, Special Voices Disability Law & Advocacy

2.00pm to 3.00pm The Move Towards Universal Provider Registration: How to Stay Ahead of the Curve

 

  • Overview of the recommendations to move toward universal provider registration and mandatory registration of SIL, support coordination and platform providers
  • Challenges and tensions for participants and providers
  • Proactive steps unregistered providers can take
  • Understanding and meeting obligations as a registered provider
  • How registration system changes will impact currently registered providers

Presented by Prue Campbell, Special Counsel, Panetta McGrath; Recognised in Doyle’s Guide, Leading Western Australian medical negligence and malpractice lawyer (defendant)

3.00pm to 4.00pm NDIS and Competition Law

 

  • NDIS Code of conduct on pricing
  • NDIS Fair Pricing Taskforce
  • Lessons from Ausnew and Mable cases
  • Practical take-aways for NDIS providers

Presented by Alison Choy Flannigan, Partner, Hall & Wilcox; Recognised in The Best Lawyers in Australia since 2008 for Health & Aged Care and Retirement Living and Biotechnology and Doyle's Guide, Leading Health and Aged Care Lawyer

Description

Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
 

10.40am to 10.55am Morning Break
4.00pm to 4.15pm Afternoon Break

Presenters

Kim Boettcher, Barrister, Frederick Jordan Chambers
Kim is a Barrister at Frederick Jordan Chambers in Sydney. Kim practises in Equity, Common Law, Protective and Guardianship Law, and in the Probate and Succession List. Prior to coming to the Bar, she practised as a Solicitor in commercial and civil litigation law in England and Wales, New South Wales and Queensland. More recently, she was a Solicitor at the Seniors Rights Service, an independent legal centre and regularly attended the UN Open-ended Working Group on Ageing in New York as a civil society representative. Kim was appointed to the NSW Minister of Fair Trading's Retirement Villages Advisory Council in 2013 and also to the Minister's Expert Committee on Retirement Villages Standard Contract Terms and Disclosure Documents in 2011. Kim was a Member of the inaugural Legal Services Council in 2014 and reappointed from 2017-2020. She is a past Treasurer of the International Commission of Jurists Australia and was appointed to the NSW Bar Association’s Succession and Protective Law Committee in 2021, 2022 and 2023.

Chris Molnar, Partner, Kennedys
Chris is a Partner in Kennedys Melbourne office who has been assisting clients to solve workplace relations problems for nearly 30 years. He has extensive experience across all Australian jurisdictions. He has litigated in State courts and tribunals, and deals regularly with matters in the Federal Court and the Federal Circuit Court. His clients include large ASX-listed companies and SME's, State, Federal and Territory governments, local councils and public-owned entities. He also acts for individuals, typically senior management. His practice, both litigious and non-litigious, includes employment law, discrimination law, sexual harassment, bullying, industrial relations, work, health and safety, directors’ liability and protection of confidential information.Chris has post-graduate qualifications in law (LLM) and management (MBA) and regularly presents at industry and legal seminars. He is accredited by the Law Institute of Victoria as a specialist in workplace relations and is also a Fellow of the Australian Institute of Company Directors. Chris is a member of the Commercial Law and Regulatory Studies (CLARS) Advisory Board, Faculty of Law, Monash University. He is a regular contributor to the Employment Law Bulletin and Law Institute Journal and was a speaker at Monash University’s Conference in Prato, Italy, in 2012 on Business Innovation and the Law.

Fay Calderone, Partner, Hall & Wilcox
Fay Calderone is a trailblazer in employment law, with over 25 years of experience advising top-tier employers, boards and leaders across Australia. Her strategic counsel has shaped workplace policies and guided complex projects that champion safety, inclusivity, and respect. Fay is widely recognised not just for her legal expertise, but for her transformative approach that places humanity at the heart of workplace culture. As a Partner at Hall & Wilcox and the founding Chair of the firm’s Diversity, Inclusion & Wellbeing Council, Fay’s influence reaches far beyond legal practice. She leads initiatives that foster thriving, psychologically safe workplaces and is a trusted voice in the media and on stage at industry conferences. Her thought leadership has earned her accolades including recognition in The Best Lawyers and Doyle’s Guide for Labour & Employment Law – Sydney, a 5-Star Employment Lawyer by HRD Australia, and multiple honours from the Lawyers Weekly Partner of the Year Awards, including Wellness Advocate and Employment Partner of the Year. She is also a proud member of the prestigious Saxton Speakers Bureau. Fay’s advocacy is deeply personal, rooted in lived experience and a relentless commitment to equity. Her work goes beyond managing legal risk to leading cultural change and empowering leaders to build workplaces where people feel safe, valued and able to thrive. Her bestselling debut book, Broken to Safe, is a powerful call to action for leaders to confront toxic workplace cultures and burnout. Drawing on her extensive experience, Fay offers practical, compassionate strategies to create environments where employees flourish and organisations prosper.

Dr Jane Lonie, Consultant Clinical Neuropsychologist, Dr Jane Lonie
Dr. Jane Lonie is a Consultant Clinical Neuropsychologist with over twenty years of experience in the assessment and management of cognitive dysfunction in adults and older adults. She is author of over twenty peer reviewed articles in the areas of dementia and capacity, (the most recent paper appearing in the Australian Bar Review), and maintains a special interest in provision of medico-legal opinion in matters relating to legal capacity. She regularly provides assessment and reports in matters of questionable testamentary capacity, guardianship disputes, financial management orders, capacity to instruct, give evidence or appoint powers of attorney. During her twenty years of experience in specialist Neuropsychological practice, Dr. Lonie has provided assessments and reports for in excess of 3,500 patients. She offers private consultations to patients at the request of patients themselves, carers, referring clinicians and legal practitioners. Dr. Lonie has substantial experience in assessment, report writing and court appearance for the purposes of provision of expert opinion relating to areas of expertise: Assessment of Cognitive function (Adults and Older Adults); Assessment of testamentary capacity (contemporaneous and retrospective) ; Guardianship disputes/ application reports; Financial management Capacity; Assessment of capacity to grant/revoke Powers of Attorney; Return to work assessment ; Total and Permanent Disability insurance claims; Neuropsychological function in criminal matters; Capacity to give evidence.

Belinda Kochanowska, Founder & Principal, Intrepidus Law
Belinda Kochanowska is an award winning NDIS law and disability law expert. She is a passionate advocate for disability rights, known for founding and leading Intrepidus Law, Australia’s foremost NDIS and disability rights law firm. Her dedication is fuelled by her personal experience as the mother and carer of an NDIS Participant, giving her a deep understanding of the challenges faced by those navigating the NDIS and disability rights issues. With over 20 years of legal experience, Belinda’s career spans top-tier private practice, government roles at both the state and federal levels, corporate in-house positions, and advocacy work at a not-for-profit disability human rights organisation. Her commitment to the inclusion of neurodivergent children in mainstream schooling drives her ongoing efforts to create a more inclusive society. Belinda’s expertise has been recognised at the highest levels, including her invitation to provide evidence at the Senate Hearing Committee inquiry on key NDIS legislation amendments. Belinda Kochanowska’s blend of professional excellence and personal commitment makes her a powerful force in the fight for disability rights. Belinda was awarded the prestigious 2025 Queensland Law Society Solicitor of the Year Award (Small Firm) and is a finalist for the illustrious 2025 Australian Human Rights Commission Award (Law Award). Belinda completed a Bachelor of Law and Graduate Diploma PLEAT at the University of Queensland in 2003 and was admitted to the Supreme Court of Queensland in 2003 and the High Court of Australia. Belinda’s 20 year legal career ranges from being a solicitor in top tier private legal practice, a lawyer in government (both State and Commonwealth) and as a corporate in-house Lawyer at various corporate entities, publicly listed and government owned, and a not-for-profit human rights organisation. Belinda has built a specialisation in NDIS Law and Appeals at the Administrative Review Tribunal.

Clare van Drunen, General Counsel, My Place
Clare van Drunen is General Counsel at My Place WA Ltd, a large established not-for-profit NDIS provider. In her role with My Place, Clare practises in a variety of areas and sees first-hand the impact of NDIS reform and legislative change on My Place’s operations and service delivery to consumers. Clare has extensive experience in corporate, real estate, and employment law. Prior to joining My Place, Clare practised at Clayton Utz and has previously been named in the Doyles Guide as a rising star. Clare is also a Non-Executive Director for MSWA Ltd.

Michael Perkins, Principal Lawyer, MJP Collab
Michael is a lawyer, author, and educator with four decades of experience in trusts, estates, and private client practice. Michael is co-author of the book “Estate Planning: A Practical Guide for Estate and Financial Services Professionals”, published by LexisNexis, Co-author of the “Estate Planning – Core Principles and Practice” chapter contribution to Financial Planning in Australia (10th edition), by Sharon Taylor & Anor (Lexis Nexis). Supported Decision Making is important to Michael as a method of client care in professional practice and dealing with the orderly management of a person’s interest as they age. Michael has worked collaboratively with Dr Jane Lonie to evolve processes and practices that help professionals deal with clients with impaired decision-making ability or a suspicion of decision-making impairment. Michael holds the MICW designation from the Institute for Collaborative Working and is active in the operations of the Institute in Australia. In addition, he is a Trust and Estates Practitioner (TEP) member of the international Society of Trust and Estate Practitioners (“STEP”), Founder and member of Academic Community of STEP.

Alison Choy Flannigan, Partner, Hall & Wilcox
With over 25 years of corporate, commercial and regulatory experience, Alison has specialised in advising clients in the health, aged care, retirement living, disability, life sciences and community sectors. Alison co-leads the Health & Care Practice at National Law firm, Hall & Wilcox. Alison has been listed in The Best Lawyers in Australia (and the Australian Financial Review) since 2008 for Health & Aged Care and also Retirement Living and Biotechnology. She has been recognised in the Doyle's Guide to the Australian Legal Profession as a Leading Health and Aged Care Lawyer each and every year since 2017 and Chambers for Life sciences. Alison has been a finalist for the Lawyers Weekly Partner of the Year in Health every year since 2016 and won this prestigious award in 2019, 2020 and 2021. She was a finalist in the Lawyers Weekly, Women in Law Awards, Partner of the Year - Big Law, 2019 and 2021.

Madeline Walsh, Partner, Thomson Geer
Madeline is a Partner in the Health, Aged Care and Retirement Living team at Thomson Geer and the Deputy Chair of the Queensland Law Society Elder Law Committee.  Madeline's expertise encompasses a broad spectrum of legal issues in the health, aged care, and retirement sectors, including regulatory compliance, risk management, governance, disputes and transactional matters. Madeline provides advice to aged care providers on managing complex regulatory issues and responding to administrative decisions. She assists providers with critical incident investigations and acts for providers in coronial investigations and inquests. Madeline advises providers in relation to corporate and commercial matters including drafting and negotiating commercial agreements, advising in relation to governance arrangements and assisting providers with managing disputes including complex consumer complaints and fee recoveries. In the retirement village context, Madeline advises on operational contracts, compliance matters, regulatory issues including closures and redevelopments and commercial and resident disputes.

Prue Campbell, Special Counsel, Panetta McGrath
Prue is a Special Counsel in Panetta McGrath’s Health Law and Aged Care and Retirement Living teams with extensive experience advising public health services, health professionals, and aged care and disability service providers. With a strong background in health law, regulatory compliance and clinical governance, Prue provides strategic legal support across a broad range of issues including litigation, clinical incident management and privacy matters. Prue assists clients in navigating complex regulatory environments with pragmatism and attention to detail. She is recognised in Doyle’s Guide as a Leading Western Australian medical negligence and malpractice lawyer (defendant). Prue is also a current sitting legal member on the Department of Health Central Human Research and Ethics Committee and the South Metropolitan Health Service Human Research and Ethics Committee.


Angela Cox, Principal Lawyer, Special Voices Disability Law & Advocacy
Angela is a Melbourne-based disability lawyer. She specialises in solving the unique legal and bureaucratic challenges faced by parents and siblings of people with intellectual disability and autism throughout their lifetime. Growing up with a brother with Down syndrome, and being active in his care as adults, drove Angela's passion to help families in a similar situation. This motivated her to become a disability lawyer and establish her legal practice, Special Voices, in 2017. For the past four years, Special Voices has almost exclusively focused on supporting families navigate NDIS appeals processes. Angela has represented many NDIS participants and their families at the Administrative Review Tribunal and advocated for them in other aspects of the NDIS. She has developed a reputation as an expert in NDIS matters related to children with autism, and early childhood intervention.

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Legal Issues in the NDIS: Reforms, Compliance and Risk Avoidance

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All Sessions
Wednesday, 18 February 2026
9.00am to 5.15pm Australia/Sydney
CPD Points 7
$795.00
$556.50
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Morning Session
Wednesday, 18 February 2026
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
$353.50
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Afternoon Session
Wednesday, 18 February 2026
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
$420.00
$294.00
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