The NDIS Code of Conduct for Providers
June 17, 2022
The NDIS Code of Conduct for Providers
NDIS Code Of Conduct Training
The NDIS Code of Conduct training is intended to ensure a safe and ethical delivery of support and services to those with a disability. It sets out a number of rules that outline standards of behaviour that are socially and morally acceptable.
The code focuses on providing equal human rights based on informed consent, trust, safety, competence, accountability, preventing misconduct and responding to misconduct. These are intended to protect the rights of vulnerable individuals and ensure they are safe.
Provisions of the NDIS Code
NDIS Code of Conduct Training Relevant to You
The NDIS Code of Conduct is for workers and applies to those who are employed by:
- registered and unregistered NDIS providers
- any community partners of the NDIA (LAC and ECEI providers)
- providers of Commonwealth Continuity of Support Programme services for those over 65
- the NDIS Commission itself
- any organisation providing activities, linkages and information to people with disability; this can include equipment suppliers, builders and gardeners.
Such workers and providers are required to:
- have regard to the privacy of people with disability
- respect their rights to self-determination, decision making and freedom of expression in line with laws and conventions
- provide services and support carefully and skilfully and in a safe and competent way
- behave in an honest and transparent manner and with integrity
- take reasonable steps to avoid acts of violence, abuse, neglect, sexual misconduct and exploitation, and to respond to any forms of such misdemeanours
- raise concerns on any matters that could impact the safety and quality of support provided to disabled people and act on any concerns that arise.
Serious Consequences for Contravening the Code
Why NDIS Code of Conduct Training is Important
Since the Code of Conduct of the NDIS aims to make sure that all participants in the scheme receive high quality support and services, and are kept safe, it is not optional. All providers have to ensure their workers conform to the code and there are serious penalties if they fail to do so.
Minor breaches of the code may result in a warning and a requirement for those involved to undertake NDIS Code of Conduct training. Breaches that are more serious can be punished by workers and possibly the NDIS provider being banned from involvement in the sector, by being de-registered or even by civil penalties being pursued in court. Breaking the law when treating a participant can also lead to criminal charges.
Anyone is entitled to complain if they believe there are breaches of the Code of Conduct. These complaints may be made to the NDIS provider or to the NDIS Commission, so there is every possibility that misconduct will have serious consequences and you can’t afford to take any risks.
You have to ensure that all employees are made aware of the requirements of the Code of Conduct and adhere fully to the guidelines. At Provider+, we can provide the necessary NDIS Code of Conduct training for all employees, so they know exactly how to act. This can make sure you continue as a successful NDIS provider rather than being prevented from acting and suffering other penalties.
NDIS CODE OF CONDUCT - FAQS
Does each state have its own NDIS code of conduct?
Since July 2020, the NDIS has been available across all states and territories. This means that the NDIS code of conduct for each state is the same.
Though some states may have their own codes of conduct, such as the Victorian Disability Worker Commission’s Disability Services Safeguards Code of Conduct which was made under the Disability Service Safeguards Act 2018, these codes have been designed to complement the NDIS Quality and Safeguarding Framework.
This means that though each state may have slightly different state-mandated codes of conduct for disability support workers and providers, they must all still abide by the NDIS Code of Conduct.
An example of this would be that support workers and NDIS providers in Queensland would need to follow the codes of conduct as outlined by their state as well as the NDIS Code of Conduct.
Who can report a breach of the NDIS code of conduct?
Anyone can make a complaint about NDIS service providers including breaches of the NDIS Code of Conduct. This includes, but is not limited to, people with a disability, family members, friends, workers, and other providers.
Workers are expected to report any breaches of the NDIS Code of Conduct to their NDIS provider.
What happens when a breach of the NDIS code of conduct has been reported?
The NDIS Commission will conduct an investigation and work with all relevant people regarding an alleged breach of the NDIS code of conduct. If a breach of the Code has been found to have taken place, the NDIS Commission may take a range of actions and sanctions to remedy the breach.
What are the consequences of breaching the NDIS code of conduct?
The consequences for breaching the NDIS Code of Conduct depend on the type and severity of the breach. For less serious breaches, the NDIS Commission may issue a warning or mandate that additional training is undertaken.
For more serious breaches, the NDIS Commission may take different actions, for example, taking the matter to court or issuing a ban to the person or organisation from working in the NDIS sector.
Breaches of the NDIS Code of Conduct that are criminal in nature will be referred to the police.
Is there a separate NDIS code of conduct for workers?
There is no separate NDIS Code of Conduct for workers. It is expected that all NDIS providers and workers follow the expectation outlined in the NDIS code of conduct.
