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Dear NDIS provider A new national system of quality and safeguards in the NDISFrom 1 December 2020, the NDIS Quality and Safeguards Commission (NDIS Commission) will start operating in Western Australia (WA). The establishment of the NDIS Commission, and the new obligations for which it will be responsible, arise from the NDIS Quality and Safeguarding Framework that was agreed to by all Australian governments in January 2017 following extensive consultation. The NDIS Act 2013 (the Act) was changed in December 2017 to give effect to that framework. This letter sets out the changes that will affect you as a registered NDIS provider when we start operations in WA. Your registration will automatically transfer on 1 December 2020You do not need to do anything before 1 December to continue to be registered. The transitional rules allow for your existing registration to transition to the NDIS Commission from the National Disability Insurance Agency (NDIA). You will receive a new certificate of registration from the NDIS Commission from 1 December 2020. We recognise that it will be necessary to phase in some obligations; registration renewals will be phased. The certificate of registration will set a renewal date for registration and list your current registration groups. We will take into account your organisation’s registration groups, the currency of past compliance audits, and any other relevant factors in determining the renewal date for your registration. At the time of your registration renewal, you will need to demonstrate that your organisation meets the NDIS Practice Standards. You should check your organisation’s details and registration groups in the NDIA’s provider portal to make sure the information that is transferred to the NDIS Commission is correct before 20 November 2020. New requirements for registered providersWhen your registration transfers to the NDIS Commission from 1 December 2020, you will be required to:
From 1 December 2020, all registered providers are required to report to the NDIS Commission incidents (including allegations) that result in serious harm to people with disability. Reportable incidents include death, serious injury, abuse or neglect, unlawful sexual or physical contact, assault, sexual misconduct and unauthorised restrictive practices. Providers’ obligations are set out in a series of rules made under the Act. More information is available on the Registered provider responsibilities page of our website. We are developing practical information and guidance to help you understand and meet your obligations. We will build on this information over time. You can find the rules and further information outlined in the Provider Information Pack and by visiting the NDIS Commission website. About the NDIS CommissionThe NDIS Commission is an independent government agency that works to improve the quality of NDIS services and supports, prevent harm and safeguard the rights of participants, investigate and resolve problems, and strengthen the skills and knowledge of providers and participants across Australia. It will replace the various quality and safeguards arrangements that have been in place in states and territories, creating a unified and consistent national system. The NDIS Commission focuses on development and education as well as compliance and monitoring, and works with people with disability, NDIS providers and workers to improve their skills and knowledge. The commencement of the NDIS Commission in WA is an exciting development, and an important part of the approach to building inclusive, respectful and supportive communities across Australia that promote the rights and wellbeing of people with disability. We take a collaborative approach – working with the sector to drive positive change so that the services and supports provided to people with disability through the NDIS are safe, and deliver the best possible outcomes for every participant. I look forward to working with people with disability, their carers, families and advocates, and with providers to deliver this new approach to quality and safeguards.
Your sincerely Graeme Head AO 7 October 2020 Ref: D20/19662
General Enquiries1800 035 544 (free call from landlines) Our contact centre is open 9am to 5pm local time, Monday to Friday. To provide feedback, contact the NDIS Commission by emailing |