NDIS providers compliance obligations in Victoria: trading trust
Computed by the Rules Mate applicability engine for a trading trust with 6–19 employees, turnover $1M–$3M, in ndis providers, operating in Victoria and selling to consumers and small businesses.
Short answer: 45 obligations
45 obligations apply (18 critical) across 26 regulators, plus 18 to check. Risk rating: high. Licensed or supervised regime: NDIS provider. These carry licence conditions, regulator audit and per-contravention civil penalties.
Trading trust or company: what changes
Compared with the same business run through a Pty Ltd company (6–19 employees) in Victoria, 1 obligation applies that did not, and 9 drop away.
- No longer applies: Apply for a Director Identification Number (Director ID)
- No longer applies: Comply with directors' general law and statutory duties
- No longer applies: Prevent insolvent trading (s 588G)
- No longer applies: Pay company PAYG/GST/SG or face Director Penalty Notice (DPN)
- No longer applies: Lodge the ASIC annual company statement and review fee
- No longer applies: Determine large proprietary company status annually
- No longer applies: Pay ASIC fees + lodge prescribed forms
- No longer applies: Discharge of directors' duties — practical evidence
Victoria law that applies
4 Victoria obligations apply on these facts, and 1 more is worth checking:
| Obligation | Why it applies |
|---|---|
| Notify VIC WorkSafe of notifiable WHS incidents | Every PCBU must notify the regulator of notifiable incidents (death, serious injury, dangerous incident) · VIC law |
| PCBU primary duty of care (Victoria OHS Act s 21) | Every business is a PCBU — the primary duty of care applies whether or not you employ anyone · VIC law |
| Comply with the General Environmental Duty (VIC) | The Victorian general environmental duty applies to every business activity that could cause harm from pollution or waste · VIC law |
| Pay long service leave under the LSL Act 2018 (Vic) | You have employees (6–19) · VIC law |
| Pay Victorian payroll tax when threshold met | Check: applies only if your annual Australian wages (grouped) exceed $1M |
Payroll tax in Victoria (FY2026-27)
VIC: 4.85% on Australian wages above the $1 million tax-free threshold (FY2026-27). On these facts it may apply: 6–19 employees in VIC — enter annual payroll to confirm; it applies only if your annual Australian wages (grouped) exceed $1M.
- How the threshold works
- Full threshold below $3M of Australian wages; between $3M and $5M it phases out at 50% of wages over $3M; no threshold above $5M.
- Surcharges
- Above $10M Australian wages: mental health and wellbeing surcharge 0.5% + COVID-19 debt surcharge 0.5%; above $100M a further 0.5% each (2% total).
- Regional concession
- 1.2125% regional employer rate
- Returns
- Monthly by the 7th of the following month; annual reconciliation by 21 July
- Administered by
- SRO Vic
Victoria regulators
Where the obligations sit
| Area | Obligations |
|---|---|
| Privacy | 8 |
| Tax | 7 |
| Workplace | 7 |
| Whs | 4 |
| Super | 2 |
| Health practitioners | 2 |
| Ndis | 2 |
| Migration | 2 |
| Consumer law | 2 |
| Wages | 1 |
Critical obligations on this profile
- Notifiable Data Breach (NDB) scheme (Provides a health service and holds health information — not covered by the small business exemption (Privacy Act s 6D(4)(b)))
- Pay superannuation on every payday (Payday Super) (You have employees (6–19))
- Pay employees in accordance with the applicable modern award (You have employees (6–19))
- Manage psychosocial hazards at work (You have employees (6–19))
- Take reasonable and proportionate measures to prevent sex discrimination, sexual (You have employees (6–19))
- Make mandatory notifications to AHPRA (NDIS provider)
- Australian Business Number (ABN) application (Every business carrying on an enterprise needs an ABN)
- Lodge Business Activity Statements at assigned frequency (Turnover above the $75K GST registration threshold)
Check whether these apply
- Report serious NDIS incidents to the NDIS Commission: only if you are a registered NDIS provider
- Comply with NDIS Practice Standards: only if you are a registered NDIS provider
- Verify NDIS worker screening clearance: only if you are a registered NDIS provider
- Maintain controlled drugs register (Schedule 8 / 9): only if you hold Schedule 8 medicines
- Develop + authorise Behaviour Support Plans for restrictive practices: only if you use regulated restrictive practices
- Working with Children Check / Blue Card (state): only if your workers or volunteers do child-related work
- Comply with NDIS quality auditor cycle for registered providers: only if you are a registered NDIS provider
- Lodge an FBT return and pay FBT by 21 May: only if you provide fringe benefits (cars, entertainment, loans) to employees
Thresholds to watch
- Lose the Privacy Act small-business exemption at $3M annual turnover (removal of the exemption altogether is proposed, not yet law) (threshold $3M; very close)
Questions
- How many compliance obligations apply to nDIS providers in Victoria run through a trading trust with 6–19 employees?
- 45 obligations apply (18 critical) across 26 regulators, plus 18 to check. Risk rating: high. Licensed or supervised regime: NDIS provider. These carry licence conditions, regulator audit and per-contravention civil penalties.
- Which Victoria laws apply?
- Notify VIC WorkSafe of notifiable WHS incidents, PCBU primary duty of care (Victoria OHS Act s 21), Comply with the General Environmental Duty (VIC) and Pay long service leave under the LSL Act 2018 (Vic)
Related
- NDIS providers compliance in Victoria
- NDIS providers: all obligations
- Compliance obligations by industry, state and size
- NDIS providers in VIC: sole trader
- NDIS providers in VIC: sole trader with employees
- NDIS providers in VIC: partnership
- NDIS providers in VIC: no employees
- NDIS providers in VIC: 1–5 employees
- NDIS providers in VIC: 20–99 employees
- NDIS providers in VIC: 100–499 employees
- NDIS providers in VIC: 100–499 employees, turnover $100M–$1B
- NDIS providers in VIC: 500+ employees, turnover $1B+
- NDIS providers in New South Wales: trading trust
- NDIS providers in Queensland: trading trust
- NDIS providers in Western Australia: trading trust
- NDIS providers in South Australia: trading trust
- NDIS providers in Tasmania: trading trust
- NDIS providers in Northern Territory: trading trust
- NDIS providers in Australian Capital Territory: trading trust
- Report serious NDIS incidents to the NDIS Commission: does it apply to ndis providers?
- Comply with NDIS Practice Standards: does it apply to ndis providers?
- Verify NDIS worker screening clearance: does it apply to ndis providers?
- Maintain controlled drugs register (Schedule 8 / 9): does it apply to ndis providers?
Sources
- SRO Vic: payroll tax thresholds and rates
- Notify VIC WorkSafe of notifiable WHS incidents
- PCBU primary duty of care (Victoria OHS Act s 21)
- Comply with the General Environmental Duty (VIC)
- Pay long service leave under the LSL Act 2018 (Vic)
- Notifiable Data Breach (NDB) scheme
- Pay superannuation on every payday (Payday Super)
- Pay employees in accordance with the applicable modern award
Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.