Proposed obligations for registered self-directed participants
The following obligations have been proposed for the self-directed supports category, for participants, nominees and the workers who support them:
- Adherence to NDIS Code of Conduct
- Worker screening
- Complaints process
- Incidents
- Audits
- Ongoing monitoring
- Participant undertaking their own assessment for practice and quality according to self-defined standards.
- Suitability assessment – undertaken by participant
- Regular check-ins with the NDIS Commission
The Taskforce advice recommends self-directed participants (or their representative) would apply for registration via a portal. Once registration is granted, the participant would be able to directly engage their supports.
In these arrangements, the participant or nominee takes on the responsibilities of an employer. This includes mandatory responsibilities such as occupational health and safety, insurance, and compliance with the terms set out in industrial awards. The new category recognises pre-existing arrangements, enabling participants who directly engage their own supports to continue doing so in the new model.
The Taskforce’s advice proposed that due to the nature of self-direction, participants who are registered in this category would not be subject to external audits. Similarly, as the participant directs their own supports, practice standards would only apply in the case of high-risk support categories. For other support types, the Taskforce recommended that the Participant or their Nominee would undertake their own assessment for practice and quality according to self-defined standards.
Any supports that fall within the proposed new Advanced Registration Category would need to be provided by registered providers. These supports have been assessed as high-risk and include behaviour support, restrictive practices, early childhood supports, support coordination, plan management, specialist disability accommodation and home and living services delivered in formal or closed settings such as group homes. This would mean that any supports within the Advanced registration category must be delivered by a provider that is already registered in the Advanced category.
Another consideration for the design of a self-directed supports category is the registration process. The Taskforce recommended registration be automatic upon meeting the application criteria, and that the process to register should be (as far as practicable) done online. There are no present criteria for a participant to qualify for self-directed supports.
Participants who choose to self-manage are unable to do so if they are currently bankrupt or insolvent under administration, or if the NDIA assess self-management would pose an unreasonable risk to the participant. It may be appropriate for similar criteria to apply when the NDIS Commission assesses an application for registration for the self-directed supports category made by participants as well as guardians or other persons involved in directing the participant’s supports.
We want to know what each of these obligations would mean for you.