This is general information, not legal advice. Read our disclaimer. Buying or selling a business raises legal, tax and financial questions. Get legal advice for your situation.
Why the rules changed
The new requirements are part of the 2026 reforms in our guide to mandatory NDIS registration in 2027. The Government's news release of 30 June 2026 says it was moving to impose new obligations on sales of NDIS businesses, aimed at cracking down on the sale of "cleanskin" registered businesses. Providers have to notify as soon as they know a sale will occur, and new audits are required where there are significant changes to governance or operations. The Commission's page on buying or selling a registered NDIS business sets out the detail.
The rules from 1 July 2026
- Notify the Commission. You must notify it of a change of ownership as soon as possible after whichever comes first: you become aware the change will happen, or it has happened.
- Complete a condition audit. If the business has a registration group that needs a certification audit, and the sale causes a significant change to the organisation or its governance, you must start the audit no later than 3 months after the day you bought the business. It assesses the Practice Standards on provider governance and operational management, and any standard previously assessed as needing a corrective action plan.
- Dates. The requirements apply to changes of ownership that happen from 1 July 2026.
The notification should include details of the new owner and their qualifications and experience, the number of participants, how participants are being told and supported to keep choice and control, whether the sale affected service delivery, and how the sale came about, including whether a consultant or broker was used. You report it in the registered providers portal.
Registration does not move with the sale
The Commission says a registration is linked to a single ABN and is not transferable. The ABN cannot be updated. If the business needs to be linked to a different ABN, a new registration application is required. Some structures, such as a sole trader, may not allow the ABN to transfer, so get independent advice from the relevant authority. If you are a one-person business, see our guide to NDIS registration for sole traders.
Looking after participants
The Commission says participants need to keep choice and control over who provides their supports. They and their families or supporters must be told about the change. They must not be moved to the new owner automatically, and must be able to find another provider. Privacy must be kept. Buyer and seller should plan this together.
Due diligence checklist for a buyer
The Commission publishes the registered providers on its provider register. Use that, the seller's certificate of registration and the seller's records to check:
- Registration status. The registration is current, and the certificate lists the registration groups and the period of registration.
- Conditions. Any extra conditions of registration on the certificate, such as conditions for particular supports.
- Audit history. Past audit reports, any open non-conformities, and when the mid-term and renewal audits fall due. Minor non-conformities still open can lead to a condition audit. See audit non-conformities.
- Whether the 3 month audit applies. Does the business hold a certification group, and will the sale change its governance significantly?
- Key personnel. Who the key personnel are, who will be after the sale, and whether they hold NDIS worker screening clearances. The Commission assesses the suitability of the new people.
- Worker screening and qualifications. Clearances for everyone in risk-assessed roles, and workers whose qualifications match the registered groups. See worker screening requirements.
- Systems and registers. Incident, complaints, risk and improvement registers that show the system really runs.
- Incidents and compliance. Reportable incidents, notices, investigations and any banning order or enforcement history. See our guide to enforcement powers.
- Participants. Service agreements, consents and how participants will be informed.
- Claims and records. Accuracy of claims, and records kept for the 7 years the law now requires.
- ABN and structure. The ABN the registration is linked to, and whether your own structure allows the deal.
Confirmed so far
- Notification of a change of ownership is required for sales from 1 July 2026.
- A condition audit within 3 months applies in the circumstances the Commission describes.
- A registration is tied to one ABN and does not transfer.
Still to be decided
- What counts as a significant change to governance in each case. Ask the Commission or your adviser about your sale.
- Any further guidance the Commission publishes on the new requirements.
A buyer who needs documents for their own systems can look at our package of 220+ editable Word documents covering the Core Module and Modules 1 to 5. It does not include documents written for the SIL supplementary module, and it is not a substitute for legal advice or due diligence.
This page is general information based on NDIS Commission and government sources at the date shown. It is not legal or professional advice, and the rules can change. Check the NDIS Commission's current requirements and read our disclaimer.