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Business isn’t all about selling commercial products — many businesses exist to provide valuable services to the community.
A disability support business is one such establishment, offering essential services to people with disabilities. In many ways, these businesses don’t resemble a stereotypical commercial venture — whether in their operations, services, or priorities. However, other aspects of running a disability support business still align with traditional business practices, such as registration, qualifications, legal protection, and compliance.
So, how do you balance running a disability support business with traditional business requirements?
With the right legal guidance, it’s not as complicated as it may seem — keep reading to learn more.
What Is A Disability Support Business?
A disability support business provides essential services to people living with disabilities. The range of services can vary widely, including help with household tasks, transport, physiotherapy sessions, skill development workshops, and home modifications for assisted living.
It’s also important to note that not all disability support businesses provide direct services. Some focus on advocating for people with disabilities, while others are businesses that primarily employ people with disabilities, ensuring they have opportunities to build skills and gain financial independence.
When starting your disability support business, it’s a good idea to define exactly what type of support you will be offering. Having a clear focus will help you stay on track and make informed decisions for your business. Creating a business plan can also be beneficial — not only for planning your services but also for considering other key aspects of your business.
Is A Disability Support Business The Same As A Charity?
No, disability support businesses are not charities, however the characteristics of both might overlap. Certain disability businesses might fall under the National Disability Insurance Scheme (NDIS) while others might be considered a social enterprise. Others, might just be a regular business or company. While disability support businesses provide essential services, they often operate as for-profit entities, generating revenue through service fees, including NDIS funding. Charities, on the other hand, rely entirely on donations, grants, and funding rather than selling services for profit.
If you’re looking to start a charity for people with disabilities rather than a business, we can help you register as an Australian charity.
How To Register A Disability Support Business?
To register your disability support business, you’ll first need to determine the legal structure of your business before beginning the registration process. In Australia, the three most common business structures are sole trader, partnership, and company.
A sole trader or partnership business is easy to register; however, these structures expose you to the most liability. This is because there is no legal separation between the business and its owner(s), meaning you will always be personally liable for the entire business. If your disability support business faces financial or legal troubles, your personal assets could also be at risk. The main advantage of registering as a sole trader or partnership is the simple registration process — you only need to apply for an Australian Business Number (ABN) (which can be done for free online) and register a business name.
A company is another option, though registering one is more complex. Companies are regulated by ASIC (Australian Securities and Investments Commission) and are subject to stricter legal obligations than sole traders or partnerships. To register a company with ASIC, you’ll need the correct documentation, such as a shareholders agreement or company constitution, and you must structure your company accordingly. Having legal assistance during this process can help simplify the complexities.
Although registering a company may seem like more work, it’s often worth it. A company operates as a separate legal entity, meaning it stands independently from you. This gives you limited liability, so you are only liable for what you have invested into the company. Unlike sole traders or partnerships, your personal assets are protected — if something goes wrong, it stays within the company.
Do I Need Any Legal Documents To Start A Disability Support Business?
You will need several legal agreements to start your disability support business. These agreements are essential for protecting your business, ensuring compliance with relevant laws, and keeping all parties on the same page so operations can run smoothly.
Strong, well-drafted legal agreements help prevent conflicts, establish your rights, and limit liabilities where necessary. Investing in them early can save you from costly legal risks down the line.
Here are a few legal agreements you may want to consider:
- Service Agreement
- Website Terms & Conditions
- Privacy Policy
- Employment Agreement
- Contractor Agreement
- Workplace Policy
- Non-Disclosure Agreement (NDA)
If you need help drafting these documents, reach out to our legal experts to ensure your disability support business is well protected.
Are There Any Legal Documents Specific To An NDIS Business?
As a government-operated scheme, the NDIS has specific legal requirements and standards. If your business operates under the NDIS, it’s important that your documents align with these standards. Here are some NDIS-specific documents you may need:
To make things easier, our NDIS Service Provider Package includes all the essential legal documents to help you align with NDIS requirements, whether you are a registered provider or simply following best practices. For more information, check out our NDIS checklist or get in touch with our NDIS lawyers — we’re happy to assist with setting up your NDIS business.
What Laws Does My Disability Support Business Need To Follow?
Laws and regulations apply to every business. However, when you’re working with some of the most vulnerable members of society, it’s especially important to ensure your business is legally compliant in every way. This will help keep your business ethical, safe, and legally sound.
National Disability Insurance Scheme (NDIS) Laws & Regulations
If your business is an NDIS-registered provider, you must comply with NDIS regulations, which include:
- NDIS Act 2013
- NDIS Quality and Safeguards Commission Guidelines
- NDIS Code of Conduct
These regulations set the necessary standards for handling disability cases, treating clients with care, and ensuring proper employee screening and training. If your business is not registered under the NDIS, it’s still worth reviewing these guidelines, as they can provide best practices for your operations.
Australian Consumer Law (ACL)
If your disability support business sells services or products, you must comply with Australian Consumer Law (ACL) under the Competition and Consumer Act 2010. This law protects consumers from misleading conduct, unfair contracts, and defective services.
This means you must:
- Ensure honesty in your marketing and service descriptions.
- Provide services with due care and skill.
- Have a refund policy that protects customer rights.
Privacy & Confidentiality Laws
As a disability support provider, you will be handling sensitive personal and health information. You must comply with:
- Privacy Act 1988 (Cth): Governs how businesses collect, store, and use personal information.
- Australian Privacy Principles (APPs): Establishes rules for data protection, consent, and disclosure of client information.
- Health Records Act 2001 (Vic) & Similar State Laws: If handling health data, you may also need to comply with state-specific privacy laws.
Workplace & Employment Laws
If your disability support business employs staff or contractors, you must comply with:
- Fair Work Act 2009: Covers minimum wages, working conditions, and employee entitlements.
- Work Health and Safety (WHS) Laws: Each state has its own WHS legislation, but all businesses must comply with national safety guidelines set by Safe Work Australia.
- Disability Discrimination Act 1992: Prohibits discrimination in hiring, service delivery, and workplace policies.
An Employment Agreement or Contractor Agreement helps ensure compliance with workplace laws and clearly defines roles, pay rates, and expectations.
Key Takeways
Starting a disability support business means ensuring compliance with relevant regulations to keep your business legally protected and running smoothly. Here’s a quick summary of what we’ve covered:
- A disability support business provides essential services to people with disabilities, ranging from daily living assistance to advocacy and employment opportunities.
- While disability support businesses share similarities with charities, they often operate as for-profit entities, generating revenue through service fees or NDIS funding.
- To start a disability support business, you must choose a legal structure (sole trader, partnership, or company) and register your business accordingly.
- Having legally sound agreements like a Service Agreement, Privacy Policy, and Employment Contracts is essential for compliance and risk management.
- If your business operates under the NDIS, specific legal documents like the NDIS Service Agreement and NDIS Consent Form are required for compliance.
- Compliance with Australian laws, including the NDIS Act, Australian Consumer Law, Privacy Act, and WHS laws, is crucial to ensure ethical and legal operations.
- Understanding your business obligations and legal protections will help you build a compliant, sustainable, and impactful disability support business.
If you would like a consultation on starting a disability support business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
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