Video: Preventing sexual misconduct

The NDIS Code of Conduct. Guidance for NDIS providers.  

The NDIS Code of Conduct outlines how all NDIS providers and workers must respect and uphold the rights of people with disability.

There are eight elements to the Code of Conduct.

Content warning: This video contains discussions of sexual misconduct, which may be disturbing or triggering for some viewers. Viewer discretion is advised.

In this video we'll focus on preventing sexual misconduct.  

This element will demonstrate what it means for providers, and review a real-world scenario to illustrate the Code in practice.  

The Code states NDIS providers are required to take all reasonable steps to prevent and respond to sexual misconduct.

After attending a physiotherapy session provided by her NDIS provider, Dennis, Sarah, an NDIS participant returns to her home.  

Later that evening, Sarah is surprised to receive a series of text messages from Dennis.  

The text messages from Dennis complimented her physical appearance. Dennis invites Sarah to connect with him on social media, using sexually explicit language and photos.

Dennis also requests suggestive pictures from Sarah and wants to arrange an after-hours meeting.

Romantic or sexual advances by NDIS workers toward participants are a clear misuse of their professional power and are a breach of the boundaries and standards, as outlined in the Code of Conduct.

While people with disability have the right to sexual expression and independent relationships, sexual relationships between NDIS workers and participants are never appropriate due to the power imbalance involved.

Even though Sarah didn’t welcome the text messages from her physiotherapist, Dennis, she was unsure how to respond.  

Sarah relies on Dennis for essential services and was fearful that access to the supports and services she needs would be jeopardised if she refused the requests.

The participant, Sarah, was put in an unacceptable position in this scenario.

As outlined in the Code of Conduct, providers are required to develop policy and guidance to prevent and respond to sexual misconduct, relating to the delivery of their supports and services.  

Sadly, sexual misconduct between NDIS workers and participants is often misidentified and goes unreported. Even if an NDIS worker believes they are in a ‘consensual’ sexual relationship with a participant receiving supports, it is still a breach of the Code of Conduct and constitutes misconduct and should be reported.

Providers should ensure that appropriate policies and procedures are in place to encourage the reporting of all alleged instances of sexual misconduct to the provider and the NDIS Commission.

To comply with the Code, NDIS providers must ensure that workers understand they are expected to adhere to the highest standards of behaviour and they must not engage in sexual behaviour with any NDIS participant they work with.

Provider guidance for their workers, communicated through policy, processes and training, should assist workers in identifying sexual misconduct and help them distinguish between: 

• ‘appropriate conversations and sexual misconduct’ and,  
• ‘appropriate touching and inappropriate touching,  
• ‘setting professional boundaries’, and  
• provide help in ‘determining whether Participant relationships with themselves or others have become inappropriate and should be ceased’.

Power imbalances between participants and workers can prevent participants from speaking up.

As such, NDIS providers have an obligation to foster an environment in which everyone involved in the delivery of supports and services, including workers, participants, their families, and carers, feels safe and is informed about how to report all alleged concerns of sexual misconduct. They should be able to do so without fear of retribution or loss of services.

Sexual misconduct toward participants is a serious issue that NDIS providers must address with urgency. If a participant or their supporter reports an incident of this nature, contacting the police may also be an appropriate course of action.  

Preventing harm is always preferable to managing its consequences. That’s why having effective policies and training for workers to identify and report suspected incidents of sexual misconduct is so important.

As an NDIS provider, meeting your obligations, as outlined in the Code of Conduct, is essential - as we all work to support the rights of people with disability.