Fact check Figures verified 2026-08-14 against the compilations in force
The SIL penalty is $43,680 — not $37,560
Providing SIL without being registered, when registration is required, is an offence under the NDIS Act. The maximum fine is $43,680 — the $37,560 figure circulating in guides and posts is out of date.
How the maximum is calculated
| Component | Value | Source |
|---|---|---|
| Offence | Providing supports while required to be registered | NDIS Act s 73B(4)1 |
| Maximum penalty | 120 penalty units, 2 years' imprisonment, or both | NDIS Act s 73B(4)1 |
| Penalty unit value | $364 (from 1 July 2026) | Crimes Act 1914 s 4AA2 |
| Maximum fine | 120 × $364 = $43,680 | — |
Cite as: NDIS Act s 73B(4); Crimes Act 1914 s 4AA. Penalty units index each 1 July — this page is re-verified after every indexation.
Where $37,560 comes from
120 × $313 = $37,560 — the superseded penalty-unit value, multiplied and repeated.
Common questions
What is the maximum penalty for providing SIL without NDIS registration?
Under s 73B(4) of the NDIS Act, the maximum penalty is 120 penalty units, two years' imprisonment, or both. A Commonwealth penalty unit is $364, so the maximum fine is 120 x $364 = $43,680. Figures verified 2026-08-14 against the compilations in force.
Is the fine for unregistered SIL providers $37,560?
No. $37,560 is 120 penalty units multiplied by $313, a superseded penalty-unit value. The value has been $364 since the 1 July 2026 indexation, which makes the maximum fine $43,680. The NDIS Commission publishes no dollar figure, so secondary sources repeating $37,560 are carrying forward a stale calculation.
When does the registration requirement apply to SIL providers?
SIL became a mandatory-registration class on 1 July 2026. Providers already delivering SIL before that date keep operating if they lodge a registration application before 1 October 2026; the lodging window closes at the end of 30 September 2026.
Does lodging an application protect a provider after 1 October 2026?
Providers that lodged before 1 October 2026 keep operating while the NDIS Commission decides the application. A provider that has not lodged by then cannot continue delivering SIL. This page is general information, not legal advice.
Where does registration stand?
The fine is the worst case; the working question is whether the records an auditor samples exist today.
Free, five minutes. General information, not legal advice — a readiness score is not a guarantee of any audit or registration outcome.
Sources
- National Disability Insurance Scheme Act 2013, s 73B Compilation in force — the offence of providing supports while required to be registered, and its penalty: 120 penalty units, 2 years imprisonment, or both.
- Crimes Act 1914, s 4AA — value of a penalty unit Compilation in force — $364 per unit from 1 July 2026 indexation. The dollar value of every Commonwealth fine flows from here.
- NDIS (Provider Registration and Practice Standards) Amendment Rules 2026 The instrument making SIL a mandatory-registration class and setting the 1 October 2026 transition.