Video: Eliminating violence, exploitation, neglect and abuse

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 eliminating violence, exploitation, neglect and abuse.

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 take all reasonable steps to prevent and respond to all forms of violence against, exploitation, neglect and abuse of, people with disability.

Tamara works for an NDIS provider as a Disability Support Worker, in a regional accommodation setting.

One night, when arriving to assist Angela, an NDIS participant, she receives a handover from her colleague, Julia, who is just finishing her shift. 

However, as Julia is leaving, Tamara notices that Angela appears withdrawn and upset.

Tamara asks Angela why she’s upset, and Angela responds by saying that Julia has been shouting at her, calling her stupid and useless.

Tamara follows the provider’s policy to report Julia’s behaviour to her supervisor.

However, they are currently understaffed, and don’t act on the concern.
Any act of abuse against a person with disability is a serious breach of the NDIS Code of Conduct and may lead to legal action or being banned from working in the sector.

The NDIS Quality and Safeguards Commission receives and responds to concerns, complaints and reportable incidents about NDIS providers, including abuse and neglect of NDIS participants. 

As Tamara has not seen or heard that action has been taken, she then escalates the matter to the provider’s new Quality and Safety Manager.

NDIS providers must take steps to prevent all forms of breaches to the Code and respond quickly if they occur.

The Quality and Safety Manager begins an internal review and finds that the concern Tamara has raised has not been addressed. 

As a result, they stop Julia from providing supports whilst the matter is being investigated.

Evidence shows that people with disability are at a far greater risk of experiencing violence, exploitation, neglect and abuse than others in the population, and that this often goes unrecognised and un-addressed.

To respect and uphold the rights of people with disability all reasonable steps must be taken to prevent and respond to all forms of abuse.

For providers, this includes: 

Having policies and procedures in place that are designed to eliminate all instances of violence, exploitation, neglect and abuse towards people with disability.

Ensuring all participants and workers are aware of how to raise concerns, including whistle blower protections, noting their right to do so without fear of retribution.

As well as encouraging workers to use their own initiative, to be alert to the indicators, and to help prevent all instances and all forms of abuse from occurring.

Back to the provider, they arrange a call with Angela to apologise for what happened.

They also inform her of how they intend to address this particular incident as well as steps they will take to prevent future instances of abuse.

Following the internal review of the incident involving Angela, a series of actions were taken to avoid a repeat of the reported incident and the failure to quickly address it. 

This included implementing Code-supported practices such as:

Conducting a review of their continuous improvement and risk management processes, to ensure incidents like this are learned from, and promptly dealt with in the future.

Implementing additional training for staff on the behaviours and actions that constitute abuse, as well as covering the available avenues they can use to report any concerns.

And additionally, sending a newsletter addressed to all key personnel and workers reminding them of the expectations and their obligations under the NDIS Code of Conduct. 

All of which further reinforced the provider’s commitment to eliminating all forms of potential violence, exploitation, neglect and abuse towards people with disability when delivering their supports and services.

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.