Video: Individual rights

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.

In this video we'll focus on Individual rights.

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 act with respect for individual rights to freedom of expression, self-determination and decision-making, in accordance with applicable laws and conventions.

Lee is an NDIS participant with an intellectual disability and autism.

Lee is currently completing a hospitality course at TAFE and has a support worker, Barney, from an NDIS provider.

Barney supports Lee with his course schedule, and with navigation around campus.

Instead of talking to Lee directly, Barney discusses Lee’s schedule with his parents. If Lee wants to make a change, Barney asks his parents if that’s okay, rather than involving Lee.

One day between classes, Lee is happy to see some friends and stops to briefly chat.

However Barney, loudly interrupts the conversation to tell Lee that it is time to go, or he’ll be late for class.

This embarrasses Lee. By not allowing him to make his own choices Lee feels that his support worker is treating him like a child.

People with disability have the right to make choices and should be consulted on matters involving their support needs.

They also have the right to express concerns or make complaints without fear of reprisal. This is central to their individual rights to freedom of expression and self-determination.

Participants should always be engaged on the matters that affect them. Failure to engage Participants on matters which affect them can damage their confidence and sense of independence. This could contribute to feelings of isolation and exclusion from the wider community.

Lee talks to his friends about his frustrations, and they encourage him to tell the Provider how he feels.

Lee also talks to his parents, who are supportive of him becoming more independent.

NDIS Providers are obligated to respect the rights of people with disability and to deliver services in a way that maintains the standards and human rights principles that underpin the NDIS.

This includes respecting the rights of people with disability to have choice and control in how their supports and services are delivered.

In practice this means encouraging and supporting NDIS participants with opportunities to make their own informed decisions.

This can involve incorporating supported decision making and participant centred supports across all supports and services.

When contacted, the manager apologises to Lee and says that the Support Workers should be listening to, and respecting, his individual wants and needs.

Acknowledging that Support Workers should be making decisions with him, not for him.

The manager offers Lee the opportunity to engage with his Support Workers in a safe and supportive setting.

This enables Lee to explore, reflect and make informed decisions about how his supports can be delivered.

At the meeting the Support Workers listen and apologise.

The manager asks if Lee would like to help them make a one-page document about what’s important to him, to be incorporated into his support plan and shared with any new Support Workers.

Lee appreciates the Provider's respectful and practical response to his concerns.

The Support Workers all read the document that Lee helped create and agree to work with and accommodate his inputs and personal preferences going forward.

With his individual rights respected, Lee is now more involved in determining his schedule, as he continues to work towards achieving his goals.

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.