Scoping review: Causes and contributors to deaths of people with disability in Australia 

In 2019, we engaged Professor Julian Trollor, Chair, Intellectual Disability Mental Health at the University of New South Wales, to obtain an Australia-wide perspective on the prevalence of, and factors contributing to, the deaths of people with disability. Find out more by viewing this December 2019 Provider alert, or by visiting our webpages about the report.

Findings of the scoping review

• obtaining a participant's consent before sharing their personal information with anyone
• only sharing a participant's information with those who need to know (for example, support workers would need access to a Behaviour Support Plan)
• placing information about plans or health concerns in areas where only staff can see them
• taking down a participant's personal details in a private room or rather than in a public area such as a waiting room
• never sharing a participant's details with a part of your organisation that has no need for that information, such as the fundraising arm.

For more information, our Provider Information Pack contains a Guide to the NDIS Code of Conduct.  Our NDIS Code of Conduct pin-up poster is a useful resource for work areas.

These changes were introduced following consultation with industry bodies including National Disability Services (NDS), Allied Health Professions Australia (AHPA), the Mental Health Coordinating Council (MHCC), JAS-ANZ Accreditation, and Assistive Technology Suppliers Australia (ATSA).

The changes affect some aspects of auditing scope and processes. They also clarify the types of changes and events about which a registered provider must notify the NDIS Commission. The Rule amendments require a registered provider to notify the NDIS Commission of additional changes such as a significant increase or decrease in the number of participants to whom it is providing services or in the number of its workers. 

It is not necessary for registered providers to notify the NDIS Commission of every individual decision to cease, or to decline to provide supports and services to an NDIS participant because they are not able to meet the participant’s particular support needs. However, in these cases registered providers are still required to meet the NDIS Practice Standards, ensuring that transition to a new provider is managed and the participant supported appropriately.

For providers delivering only low risk supports it could be a desktop audit (verification), checking that, for example, current professional qualifications are up-to-date and important processes around risk management, complaints and incidents are in place. For providers delivering more complex more complex supports and businesses, a full audit (certification) is required. This involves an inspection of the sites, facilities and equipment to be used in delivery of the support, in addition to the desktop audit. The NDIS Commission has guidelines in place for approved auditors on how an audit must be scoped and conducted.

The audit process provides important information for providers to consider the way in which they support NDIS participants while meeting their obligations under the NDIS Code of Conduct.

Providers should start the registration renewal process before the end of the period of registration detailed on their Certificate of Registration, or risk their registration lapsing. They can start the registration renewal process up to six months before their registration expiry date.

We have a range of resources available to assist providers in meeting registration requirements. All of the information can be found on our website:

• NDIS Commission provider page
• NDIS Commission provider registration page
• Fact sheet: how to register as a provider
•  National Disability Insurance Scheme (Approved Quality Auditors Scheme) Guidelines 2018

• Practice Leadership Workshop and webinar materials for behaviour support practitioners; a Certification Business Analysis Tool and NDIS Provider Guide on the NDS website.
• Upcoming NDIS Code of Conduct and Recognising Restrictive Practices workshops with the NDS.
• Webinar materials for NDIS providers that support people with psychosocial disability (developed by the Mental Health Coordinating Council).
• The Everyday Practice resource where NDIS providers can access online forums, fact sheets, a helpdesk and a range of practical resources focusing on best practice day-to-day service delivery (developed by Amergin).
• Verification resources and upcoming webinars for allied health professionals from APHA.

Visit the grants page on our website for more information.

These sessions will introduce and provide an overview of the role and function of the NDIS Commission, outline the new quality and safeguarding arrangements, and what will be required of NDIS providers in WA from 1 July. We will also host a webinar for providers who cannot attend in person.

For more details, and the links to register, visit our Western Australia webpage.

The project is in the consultation phase, in which Bendelta will engage with NDIS participants and their families/carers, workers, service providers, peak bodies, and sector experts across all states and territories. They will conduct 1:1 interviews, side-by-side sessions, surveys, and empathy labs, as well as host an online collaborative platform.

For more information about the consultation phase and to get involved, please visit the NDIS Workforce Capability Framework engagement platform.

The final report needs to be submitted to the NDIS Commission within 60 business days following the initial notification to the NDIS Commission of the incident. The NDIS Commission may extend the period for providing the final report. For example, if there is a concurrent police investigation the provider’s own incident investigation may be justifiably delayed.

Final reports are now submitted by providers via the NDIS Commission Portal. More information is available on our website.

New Resources

Fact Sheet: Our powers to investigate

This fact sheet explains the types of matters the NDIS Commission investigates, how we gather information to assist with investigations, as well as how and why we can compel the provision of information.

Q&A

What does a Complaints Management system look like?
 
All registered providers should have a complaints system in place. Registered Providers are required to have complaints management arrangements in place to support people with a disability to understand how to make a complaint to the provider and to the NDIS Commission. The Quality Indicators state that each participant has knowledge of and access to the provider’s complaints management and resolution system. Complaints and other feedback made by all parties are welcomed, acknowledged, respected and well managed.

The requirements are:

1. A complaints management and resolution system is maintained that is relevant and proportionate to the scope and complexity of supports delivered and the size and scale of the organisation. The system follows principles of procedural fairness and natural justice and complies with the requirements under the National Disability Insurance Scheme (Complaints Management and Resolution) Rules 2018.
2. Each participant is provided with information on how to give feedback or make a complaint, including avenues external to the provider, and their right to access advocates. There is a supportive environment for any person who provides feedback and/or makes complaints.
3. Demonstrated continuous improvement in complaints and feedback management by regular review of complaint and feedback policies and procedures, seeking of participant views on the accessibility of the complaints management and resolution system, and incorporation of feedback throughout the provider’s organisation.
4. All workers are aware of, trained in, and comply with the required procedures in relation to complaints handling.

It is also important that any person who makes a complaint, and any affected person with disability, is advised on how to make a complaint to the NDIS Commission, and offered support and assistance to do so.

For more information, see our Effective Complaint Handling Guidelines for NDIS Providers guidance, or our Provider Information Pack’s Guide to Complaints Management.  

You may also be interested in our How to make a complaint fact sheet.

You can find past issues of the NDIS Commission provider newsletter on our website. 

Our mailing address is: engagement@ndiscommission.gov.au