NDIS Code of Conduct – Frequently asked questions
What is the National Disability Insurance Scheme (NDIS)?
The NDIS supports people with a permanent and significant disability that affects their ability to take part in everyday activities. It represents a fundamental change to how services for people with disability are funded and delivered and is being progressively rolled out around Australia.
What is the NDIS Quality and Safeguarding Framework (the Framework)?
The Framework is designed to ensure that all people with disability receiving support under the NDIS have the same protection, regardless of where they live in Australia.
The Framework has been developed following intensive consultation and collaboration between all governments, people with disability, families, carers, service providers and other stakeholders and is available at www.dss.gov.au/ndisqualitysafeguards
On 9 May 2017, the Australian Government announced a new NDIS Quality and Safeguards Commission who will oversee the functions in the Framework.
What is the NDIS Code of Conduct (the Code)?
The Code is one aspect of the Framework which will help promote the rights of people with disability to have access to safe and ethical service delivery.
It will have a preventative effect by empowering people with disability in relation to their rights, clearly setting out expectations of providers and workers, and helping to shape the behaviours and culture of organisations delivering NDIS supports and services. It can also have a corrective effect by providing a mechanism for enforcing compliance of providers who engage in unacceptable behaviours in the NDIS market.
Who will the Code apply to?
All providers and workers delivering supports and services under the NDIS will be covered by the Code. This includes registered and unregistered providers, sole-traders, providers of Information, Linkages and Capacity building (ILC) services and Commonwealth Continuity of Support (CoS) Programme services and all of their workers.
Who will oversee the operations of the Code?
The new NDIS Quality and Safeguards Commission will work with NDIS providers and workers to ensure that the Code is understood and to monitor compliance. The Code will be enforceable by law and will include sanctions for breaches of the Code when providers or workers have engaged in unacceptable behaviours.
When will the final Code come into effect?
The Code will come into effect with the national functions included in the NDIS Quality and Safeguarding Framework, when the new arrangements are implemented.
What obligations are proposed in the draft Code?
The proposed Code will require workers and providers delivering NDIS supports to:
- Promote individual rights to freedom of expression, self-determination and decision-making
- Actively prevent all forms of violence, exploitation, neglect and abuse.
- Act with integrity, honesty and transparency.
- Provide supports in a safe and ethical manner with care and skill.
- Raise and act on concerns about matters that may impact on the quality and safety of supports provided to people with disability.
- Respect the privacy of people with disability.
- Not engage in sexual misconduct.
- Keep appropriate records.
- Maintain adequate personal and professional liability insurance appropriate to the risks associated with the supports provided.
How can I contribute to this consultation
We welcome your ideas and feedback on the draft Code. If you would like to contribute, visit www.engage.dss.gov.au
Please read the Discussion Paper, complete the survey or upload a submission. The Discussion Paper is also available in Easy English and audio formats.
The closing date for completing surveys and uploading submissions is 5pm (AEST) 21 June 2017.
Your input, along with others who complete the survey or provide a submission, will be considered as we finalise the Code.
If you have any additional questions about this consultation please email NDISQualitySafeguards@dss.gov.au.