Registered provider responsibilities
The NDIS Commission will manage the registration and quality assurance of NDIS providers under a nationally consistent framework.
The new arrangements will progressively replace existing quality and safeguards requirements in the states and territories. The NDIS Commission’s registration and regulatory system reduces duplication and streamlines the current quality and safeguards functions under a single body.
Conditions of registration
The NDIS Commission will manage the registration and quality assurance of NDIS providers under a nationally consistent framework. The new arrangements will progressively replace existing quality and safeguards requirements in the states and territories. The NDIS Commission’s registration and regulatory system reduces duplication and streamlines the current quality and safeguards functions under a single body.
Under the NDIS Commission, registered NDIS providers in New South Wales and South Australia are required to comply with:
- NDIS Commission conditions of registration
- the NDIS Code of Conduct
- the relevant NDIS Practice Standards for the services and supports they provide
- incident management requirements, and notifying the NDIS Commission of reportable incidents
- complaint management and resolution requirements
- worker screening requirements
- new behaviour support requirements (if applicable), including reporting restrictive practices to the NDIS Commission.
All employees of registered providers must complete a worker orientation e-learning module covering human rights, respect, risk, and the roles and responsibilities of NDIS workers. The NDIS Commission will advise NDIS providers when the e-learning module is available to them.
The NDIS Commission will work with NDIS providers to help them comply with registration responsibilities. It also monitors registered NDIS providers for compliance with the conditions of registration, and has the power to suspend, vary or revoke registration.
Code of Conduct
The NDIS Code of Conduct safe and ethical service delivery an setting out expectations for the conduct of providers and workers in the NDIS market. The Code sets minimum expectation, shaping the behaviours and culture of all NDIS providers and workers, and empower participants in relation to their rights.
It applies to all NDIS providers and workers, including:
- Registered NDIS providers
- Unregistered providers
- providers delivering information, linkages and capacity building (ILC) activities
- providers delivering Commonwealth Continuity of Support Programme services
Requirements under the NDIS Code of Conduct include:
- respecting people’s rights to freedom of expression, self-determination, decision-making, and privacy
- providing supports and services safely and competently
- acting with integrity and honesty
- preventing and responding to any misconduct, such as abuse or neglect of people with disability.
NDIS Practice Standards
The NDIS Practice Standards create an important benchmark for providers to assess their performance, and to demonstrate how they provide high quality and safe supports and services to NDIS participants. Together with the NDIS Code of Conduct, the NDIS Practice Standards will assist NDIS participants to be aware of what quality service provision they should expect from NDIS providers.
The NDIS Practice Standards consist of a core module and several supplementary modules that apply according to the types of supports and services NDIS providers deliver, and the type of organisation.
The Core module covers:
- rights and responsibility for participants
- governance and operational management
- the provision of supports, and
- the support provision environment
The supplementary modules cover:
- High intensity daily personal activities
- Specialist behaviour support, including implementing behaviour support plans
- Early childhood supports
- Specialised support co-ordination, and
- Specialist disability accommodation.
Each module has:
- a series of high-level, participant-focused outcomes, and
- For each outcome, quality indicators that auditors will use to assess a provider’s compliance with the Practice Standards.
Incident management and reportable incidents
Registered providers must have an incident management system in place to record and manage incidents that occur while providing supports or services to people with disability. Incidents that must be recorded and managed include incidents where harm, or potential harm, is caused to or by a person with disability while they are receiving NDIS supports or services.
The incident management system must include procedures for identifying, assessing, recording, managing, resolving and reporting incidents.
Certain incidents are reportable incidents which must be notified to the NDIS Commission, including the death, serious injury, abuse or neglect of a person with disability and the unauthorised use of restrictive practices, which arise in the context of NDIS supports or services.
The incidents (including allegations) that must be reported to the NDIS Commission are:
- the death of an NDIS participant
- serious injury of an NDIS participant
- abuse or neglect of an NDIS participant
- unlawful sexual or physical contact with, or assault of, an NDIS participant
- sexual misconduct committed against, or in the presence of, an NDIS participant, including grooming of the NDIS participant for sexual activity
- the unauthorised use of a restrictive practice in relation to an NDIS participant.
Reporting these incidents to the NDIS Commission does not replace existing obligations to report suspected crimes to the police and other relevant authorities.
Registered providers must have effective complaint management and resolution systems, proportionate to the size of the provider and the complexity of the services they deliver.
This system must make sure that people can easily make a complaint (anonymously if they choose), and that all complaints are dealt with fairly and quickly.
Providers must also support people with disability to understand how to make a complaint to the provider or to the NDIS Commission.
When a complaint is made to a provider, the person making the complaint and the person with disability affected by the issue in the complaint must be appropriately involved in the resolution of the complaint, and kept informed of its progress. The provider is required to keep records of all complaints received.
Unregistered providers are also expected to be able to manage complaints.
Worker screening is a way to check that that people who wish to work with the NDIS can be trusted to work with people with disability. It provides employers with an important tool for their recruitment, selection, and screening processes.
Registered providers must have systems in place so that any workers in jobs or roles that require an NDIS Worker Screening Check have a current and valid clearance.
Screening will be mandatory for workers of registered NDIS providers if they:
- are involved in the direct delivery of specified supports and services to people with disability, or
- are likely to have more than incidental contact with people with disability as a normal part of their duties, or
- are key personnel such as those holding executive, senior management and operational positions in a registered NDIS provider, for example, as a Chief Executive Officer, Chairperson or Board Member.
Worker Screening Checks enable a screened worker to deliver services and supports in any state or territory or for any employer delivering services and supports under the NDIS. Similarly, an excluded worker will be excluded nationally.