Safeguarding Experts
NDIS Providers and Disability Support Services
NDIS providers have a fundamental legal and moral obligation to ensure that people with disability are safe, protected from harm, and supported in ways that uphold their rights, dignity and choice. From supported independent living and respite to community participation and support coordination, NDIS providers must deliver supports safely and competently and meet their obligations under the NDIS Code of Conduct and, for registered providers, the NDIS Practice Standards.
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NDIS Compliance and Safeguarding for Providers
NDIS providers deliver supports to people with disability in their homes, in the community and in supported accommodation, often to participants with complex needs who rely on workers for their daily care. Providers have a legal and moral responsibility to keep participants safe and to deliver supports that are safe, competent and respect each person’s rights.
The NDIS Quality and Safeguards Commission (NDIS Commission) regulates NDIS providers under the National Disability Insurance Scheme Act 2013 (Cth). All NDIS providers and workers, whether registered or unregistered, must comply with the NDIS Code of Conduct. Registered NDIS providers must also meet the NDIS Practice Standards, maintain incident management and complaints management systems, and ensure workers in risk assessed roles hold an NDIS Worker Screening Check.
Registered providers must notify the NDIS Commission of reportable incidents, including the death of a person with disability, serious injury, abuse or neglect, unlawful sexual or physical contact or assault, sexual misconduct, and the unauthorised use of a restrictive practice. Most reportable incidents must be notified within 24 hours of the provider becoming aware of them, with some notifications required within 5 business days. Regulated restrictive practices must only be used in accordance with a behaviour support plan and any state or territory authorisation requirements.
The NDIS Commission is taking enforcement action against providers that fail to meet these obligations. The Federal Court recently imposed a $1.1 million penalty on Oak Tasmania after it failed to notify the NDIS Commission of reportable incidents on 474 occasions and failed to provide safe and competent supports. The NDIS Commission can also issue compliance notices and banning orders, and revoke a provider’s registration.
NDIS providers that support children and young people may also have obligations under state and territory Child Safe Standards, Reportable Conduct Schemes and mandatory reporting laws, in addition to their NDIS obligations.
Our Services
NDIS Policies and Procedures
Developing NDIS compliant safeguarding policies, procedures, codes of conduct, and incident and complaints management systems
NDIS Investigations
Independent, trauma-informed investigations into reportable incidents, abuse, neglect and worker misconduct
NDIS Audits
NDIS audit preparation and safeguarding audits against the NDIS Practice Standards with practical recommendations
Safeguarding Training
Tailored training for support workers and managers on the NDIS Code of Conduct, reportable incidents and restrictive practices
Legal Advice
Expert legal advice for NDIS providers on compliance, NDIS Commission regulatory action and critical incidents
Incident Management
Reportable incident response, root cause analyses of critical incidents and crisis management support