Not all providers need register with the NDIS Commission. However, registration provides some assurance to NDIS participants that the provider’s services and supports meet the level of quality and safety stated in the NDIS Practice Standards.
Who can engage an unregistered provider?
Some NDIS participants may self-manage the NDIS supports and services in their plan, or they might ask someone else to do it for them (a plan nominee), or they might use a registered plan manager.
Participants receiving supports and services under these options will be able to access supports or services from either registered or unregistered providers. The exception is where the services consist of providing specialist disability accommodation under a participant’s plan, the use of a regulated restrictive practice, or where a provider is developing a behaviour support plan.
Unregistered provider obligations
States and territories will soon start implementing new NDIS worker screening arrangements as part of a national approach. Once fully implemented, the NDIS Worker Screening Check will enable a screened worker to deliver services and supports in any state or territory. This will reduce paperwork for workers and employers and increase safety for participants.
When the new national worker screening arrangements commence in each state and territory, workers will be required to have a NDIS Worker Screening Check when their existing check expires.
Self-managed NDIS participants can individually decide if they require workers of unregistered providers who provide supports and services to them to have a NDIS Worker Screening Check.
In addition to worker screening, there are guidelines available to help both NDIS providers and workers understand their obligations under the NDIS Code of Conduct.
NDIS Worker Screening Database
The NDIS Commission has in place a NDIS Worker Screening Database to support the NDIS Worker Screening Check.
The database will:
- have a register of cleared and excluded workers from all states and territories to enable national portability of clearances
- support national ongoing monitoring of the criminal history records of workers with clearances
- mean NDIS providers across the country can go to one place to sponsor applications and verify the clearances of prospective workers, without needing to contact individual states and territories' worker screening units
The NDIS Worker Screening Database will commence operation as the NDIS Worker Screening Check is rolled out in each state and territory. Information about how to access and use the NDIS Worker Screening Database will be available closer to release.
NDIS Code of Conduct
The NDIS Code of Conduct applies to all NDIS providers, whether registered or not, and to all people employed or otherwise engaged by NDIS providers.
Self-managed participants and registered plan managers will be able to make unregistered providers and their workers aware of their obligations under the NDIS Code of Conduct.
Unregistered providers must be able to effectively manage complaints that may concern the quality and safety of supports and services being provided.
The NDIS Commission can support people to make a complaint directly to a registered or unregistered NDIS provider. If a person is not able to resolve a complaint with an NDIS provider, the person can complain to the NDIS Commission. If a complaint raises a compliance issue, the NDIS Commission has powers to take action.
Anyone who is the subject of a complaint has the right to fair treatment. This includes informing a person about a complaint and providing them with a reasonable opportunity to respond to any allegations and proposed action.