Understanding the NDIS Code of Conduct

It is paramount that the NDIS is around for the long term for all Australians living with a disability. One element of the NDIS' longevity is having quality providers delivering supports, who are both registered and non-registered.

There is currently discussion around moving towards a scheme that sees all providers registered in some form. This would be different from the current NDIS registration! There is a need to ensure all providers are delivering the highest-quality support to participants, with providers held accountable for the quality of service they provide.

In its current state, the NDIS regulates providers through the NDIS Code of Conduct. All providers, whether registered or not, must uphold the Code of Conduct.

The Code requires workers and providers who deliver NDIS supports to:

• act with respect for individual rights to freedom of expression, self-determination, and decision-making in accordance with relevant laws and conventions

• respect the privacy of people with disability

• provide supports and services safely and competently with care and skill

• act with integrity, honesty, and transparency

• promptly take steps to raise and act on concerns about matters that might have an impact on the quality and safety of supports provided to people with disability

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

• take all reasonable steps to prevent and respond to sexual misconduct

• without a valid reason, not represent or charge a higher price for goods supplied to an NDIS participant that is higher than the price that would be supplied or charged to a person who is not an NDIS participant.

Providers who are under the impression that because they are not registered, they can't be held accountable for their services and actions are misinformed. Every provider who claims money from a participant's NDIS plan is accountable for the quality of their service.

Providers who employ multiple staff should be carrying out NDIS worker screenings. Registered NDIS providers must have all staff checked through the screening to ensure that they only engage workers who have been cleared in specific roles, called risk-assessed roles. Unregistered providers are not required to do this; however, they most certainly should. All providers should employ quality staff who have gone through checks to ensure they don't pose a risk to participants or are potentially banned from working within the NDIS.

The safeguarding of NDIS participants is paramount. If you are a participant or nominee worried about the people delivering services paid through your NDIS plan, you are within your rights to ask questions. Ask questions of your unregistered providers: have their staff been screened through the NDIS worker screening? If they haven't, then why haven't they? You can also ask sole traders if they have undergone these checks. For example, a disability support worker who is self-employed and supporting you should also have a screening done. Showing that they have completed a worker screening indicates to participants that they have been cleared to work with people with a disability.

There is a database for unregistered providers, to register staff members indicating they have completed their checks. Unregistered providers can use the NDIS Worker Screening Database can be used to:

• verify that a worker is or will be engaged by them to provide NDIS supports and services

• check the clearance status of a worker

• monitor the clearance status of workers and when a clearance is about to expire

Quality providers are essential for the scheme's longevity, and participant safety should be the centre of every provider's focus. All providers, registered or unregistered, are responsible for following the NDIS Code of Conduct and ensuring they are doing everything in their power to safeguard participants.