NDIS Quality and Safeguards Commission

Provider Newsletter - December 2021

This newsletter is sent to the email address associated with your registration, which means that if you unsubscribe from this email, you are unsubscribing from other important correspondence from the NDIS Commission, including renewal reminders.

A message from the Minister for the NDIS, the Hon Linda Reynolds CSC

I want to thank you for the work that you do, particularly caring for and supporting NDIS participants. As Minister for the NDIS, my priority is to ensure providers and workers have the tools, guidance and support they need.

This November, I welcomed the appointment of Ms Tracy Mackey as the new NDIS Quality and Safeguards Commissioner. 

Ms Mackey brings a wealth of knowledge and experience to her new position as Commissioner, following her previous senior role in the care and support sector and more recently as the CEO at the NSW Environment Protection Authority.

In her role as Commissioner, Ms Mackey will be responsible for upholding the rights of, and promoting the health, safety and wellbeing of, people with disability receiving supports under the NDIS.

Earlier this year I launched the NDIS National Workforce Plan: 2021-2025 which outlines the Morrison Government’s commitment to work with NDIS participants, industry and other stakeholders to strengthen the sector to meet the needs and aspirations of Australians with disability, now and into the future.

Supporting consistency in the practice and delivery of quality disability services across Australia – by a strong and capable workforce focussed on person-centred supports and participant outcomes – is central to the Government’s NDIS workforce strategies. Equally as important is the quality and safety  of supports, and the way we communicate with and for participants.

The NDIS Quality and Safeguards Commission is focussed on educating and providing information and advice to NDIS providers and their workers on areas of practice that have a significant impact on the quality and safety of supports and services that people with disability experience in the NDIS. Communication is one such area that impacts the rights of people with disabilities to have choice and control and to make decisions about their own lives.

The Commission’s new e-Learning module for NDIS workers, Supporting Effective Communication demonstrates how workers can support and enable people with disability to express themselves, to be heard and be safe.

The module builds on the success of the NDIS Commission’s Worker Orientation Module – Quality Safety and You that has been completed by over half a million people since its release in mid-2019. Both e-Learning modules were co-designed by the sector, and I commend the NDIS Commission on producing engaging and insightful learning resources for workers that feature the voices of people with disability. 

I hope you find this new e-Learning module a useful, practical training resource to share with your workers and the people you support.

COVID-19 vaccinations

Providers are encouraged to stay up to date with requirements for COVID-19 vaccination booster doses. See the Department of Health website for COVID-19 booster vaccine advice and website for disability service providers about COVID-19 vaccines and boosters.

Our 7 December 2021 provider alert highlighted the importance of the vaccine booster for NDIS participants. It also highlighted the NDIS Commission’s expectation that providers take all necessary steps to ensure participants are supported to access a COVID-19 booster through the in-reach program or alternate pathways.

The Acting NDIS Commissioner, Samantha Taylor PSM wrote to registered providers and subscribers on 3 November 2021 about how providers and workers can meet their responsibilities to support people with disability in their decision making about COVID-19 vaccination. You can read the letter on our website. 

Our fact sheet, called ‘COVID-19 Vaccines: Informed consent, preparing for the vaccine, and restrictive practices’, aims to assist NDIS providers to better understand their obligations when supporting people with disability to receive the COVID-19 vaccine. The Department of Health has recently released updated information and new resources on consent, available on its website.

Vaccinations can be booked by visiting the Vaccine Clinic Finder or by contacting the National Coronavirus and COVID-19 Vaccination Helpline on 1800 020 080. The Disability Gateway is now also assisting people with disability that might need help to book a COVID-19 vaccine.

The Australian Health Protection Principal Committee (AHPPC) recently published a statement that recommends mandatory COVID-19 vaccinations for disability workers providing intensive supports to NDIS participants.

All states and territories have now introduced mandatory vaccination requirements for disability workers. Providers are strongly encouraged to be familiar with the requirements of the public health orders in the states and territories in which they operate. See our COVID-19 vaccine provider alerts for details of the new requirements.

Our 22 November 2021 provider alert was sent to NDIS providers that are registered to deliver intensive support services to NDIS participants. It contained details about a request for information under the National Disability Insurance Scheme Act 2013 regarding the COVID-19 vaccination status of workers. The information will assist the Commission in monitoring registered NDIS provider compliance with public health orders as a condition of registration and in managing the risks to NDIS participants arising from unvaccinated workers. Providers have been issued with an individualised request for the information, including details about what information must be provided and how and when to provide the information.

The COVID-19 vaccine information webpage on our website contains links to updates about COVID-19 vaccines and resources for NDIS providers. We also have a COVID-19 vaccine webpage containing information for people with disability.

New e-learning module for NDIS workers – Supporting Effective Communication

Effective communication is essential to providing quality and safe services, and contributes to the rights of people with disabilities to have choice and control. With effective communication, workers can support and enable people to express themselves, to be heard and be safe.

We have released a new e-learning module Supporting effective communication for NDIS workers that demonstrates – from the perspective of NDIS participants – what effective communication looks like; how it supports choice and control; and the importance of communication in avoiding the risk of harm to people with disability.

So how can you support your NDIS workers to best support effective communication?

The module is designed to support NDIS providers and workers in meeting their obligations under the NDIS Code of Conduct. It also supports registered NDIS providers in meeting their obligations under the NDIS Practice Standards.

All NDIS providers are strongly encouraged to include the module in their induction process for workers, and to encourage existing workers to undertake the module over time, as part of their ongoing learning.

Although the module is not mandatory, anyone working with people with disability, especially those with communication support needs, would benefit from completing it.

The module was co-designed and developed in consultation with the sector, including people with disability and NDIS providers and workers.

About the Supporting Effective Communication e-learning module

The module is made up of three topics that provide workers with information, scenarios, tips, and practical actions that can be taken to reduce risks associated with the communication support needs of people with disability.

The Supporting Effective Communication module looks at:

• What effective communication looks like and how it supports choice and control.
• The different ways in which we communicate.
• Times when effective communication is very important.
• How workers can support effective communication with people with disability.

The module is free and available to anyone, taking approximately 60-90 minutes to complete. It includes a downloadable ‘Supporting Effective Communication Checklist’ and useful resources.

Workers who complete the module will receive a Certificate of Completion, which is transferrable between employers.

The module is available on our website.

Building the capability of the NDIS workforce 

The NDIS Workforce Capability Framework is driving quality supports with a clear and practical view of ‘what good looks like’ when delivering disability services.

Now available online via a new Framework website, the NDIS Commission is encouraging providers to get involved in the Framework’s implementation over the next 12 months.

As a central pillar of the Government’s NDIS Workforce Plan, the Framework is designed to help you and your workers meet your obligations under the NDIS Code of Conduct and the NDIS Practice Standards. It’s a crucial step in guiding the NDIS market towards quality and rights-based supports for people with disability in the NDIS.

Involvement from NDIS participants, providers, the workforce and others in the sector is really important to ensuring the Framework’s resources and tools are realistic, practical, and useful.

The Framework plays a key role in staff support and development, workforce planning, and building broader organisational culture, systems, policies and processes – all to better meet the needs of people with disability. It will help in making sure your NDIS workforce is responsive and capable.

The new resources and tools will support the NDIS Workforce Capability Framework and help ensure NDIS providers’ and workers’ services and practices are consistently delivering the best quality supports.

We’ve also developed a range of new communication resources, including in Easy Read, Auslan and 11 language translations to make sure NDIS participants, workers and providers understand what the Framework is about.

Visit the Framework website to start using the Framework today and register your interest in being involved in the development of Framework tools.

New Practice Standards

In our August newsletter, we flagged incoming amendments to the NDIS Practice Standards and Quality Indicators. The amendments came into effect on 15 November 2021 and include new requirements for NDIS providers regarding  the provision of support for NDIS participants at mealtimes,  support to manage severe dysphagia (difficulty in swallowing), and support in times of emergency and disaster.

The amendments include new Mealtime Management and Severe Dysphagia Management Practice Standards. These two new Practice Standards will ensure NDIS participants have access to nutritious meals of the correct texture and delivered in a way that is appropriate to their needs and preferences. There is also a new high intensity skills descriptor for Severe Dysphagia Management that describes the types of skills and knowledge required by workers to provide more complex eating and drinking supports.

The new Emergency and Disaster Management Practice Standard outlines provider obligations in maintaining the health, wellbeing and safety of NDIS participants during the ongoing COVID-19 pandemic, or future emergencies or disasters.

The new NDIS Practice Standards and Quality Indicators apply to existing registered providers, subject to the transition periods below.

• Mealtime Management Standard: applies to existing registered NDIS providers from Monday 13 December 2021.
• Emergency and Disaster Management Standard: applies to existing registered NDIS providers from Monday 24 January 2022.
• Severe Dysphagia Practice Standard: no transition period applies for existing providers, or for new providers registering to deliver NDIS supports or services for severe dysphagia on or after 15 November 2021. 

If you are a transitioned provider (to whom the transitional arrangements under any of sections 26-29 of the Rules apply), the new standards do not apply until you make an application to renew registration.

The amendments around mealtime support are in response to the findings of a review we commissioned into the causes and contributors to deaths of people with disability in Australia; as well as recommendations made by the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability informed by the reported experiences of people with disability and provider practice during the COVID-19 pandemic.

The new NDIS Practice Standards and Quality Indicators were developed in consultation with people with disability, NDIS providers, academics and other industry experts, and State and Territory Governments, including our Disability and Industry Consultative Committees.

The updated NDIS Practice Standards and Quality Indicators and supporting resources for providers are available on our website.

Supporting participants to access health support Practice Alerts

We have recently released three new practice alerts that provide guidance on supporting people with disability to improve their health.

These practice alerts were prepared by the Australian Commission on Safety and Quality in Health Care, as a joint publication with the NDIS Commission. They provide guidance on:

• how to support participants to access regular comprehensive health assessments
• what Lifestyle Risk Factors are and how to support participants to achieve lifestyle changes that will match their own health and wellbeing goals, and
• Supporting participants to take care of their Oral Health and to regularly access dental services.

These alerts address key issues for people with disability, who are at high risk of poor health and oral health, chronic disease and premature death from potentially preventable causes.

We also hosted a webinar for NDIS providers on Friday 19 November. The webinar was about these practice alerts, and a range of newly developed NDIS Commission resources to assist you to implement the information to improve your practices in quality and safe NDIS service provision.  A recording of the webinar will be available on our website soon.

Have your say on opportunities to improve regulatory alignment 

Work to align regulation of aged care, disability support and veterans’ care sectors, is underway. The aim is to improve quality and safety for participants and consumers, reduce the regulatory burden on providers and make it easier for workers to move seamlessly across different types of care.

Led by the Department of Health, a taskforce of Commonwealth agencies is working together on various regulatory alignment projects.

To find out more visit health.gov.au and to participate in the various Care and Support Regulatory alignment projects, visit the Department of Health’s Consultation Hub.

Changes to the NDIS Act

Important changes to the National Disability Insurance Scheme Act 2013 started on 29 October 2021 including:

• Information disclosure: greater scope for the NDIS Commission to disclose protected Commission information to the NDIA and other government bodies (including worker screening bodies). The NDIS Commission will decide if the disclosures are appropriate and needed, for example to safeguard the interests of NDIS participants.  Disclosures are still subject to the limitations imposed by the Privacy Act and other provisions of the NDIS Act. For example, disclosures to government bodies prescribed by NDIS Rules will only be able to be made for the purposes also prescribed by NDIS Rules.
• Reportable incidents:  registered NDIS providers must manage reportable incidents and notify them to the NDIS Commission if they occur in the particular circumstances that will be set out in new NDIS Rules.
• Banning order coverage: new NDIS Commissioner powers to place a condition on banning orders.  NDIS Rules can now set out “unsuitability factors” which the NDIS Commissioner must consider before making a banning order on the ground that the provider or person is unsuitable. New NDIS Commissioner powers enable the making of a banning order for any current or former key personnel of a provider.
• Approved quality auditors: new NDIS Commissioner powers to vary or revoke the approval of quality auditors and impose conditions on the approval. New internal review rights for decisions about approved quality auditors and decisions to vary or revoke a compliance notice.

These NDIS Act amendments were made by the National Disability Insurance Scheme Amendment (Improving Supports for At Risk Participants) Act 2021. Some of the amendments require the making of NDIS Rules to make them operational and these will be made in accordance with the process required by the NDIS Act. The changes to the NDIS Act provisions about reportable incidents and information disclosure came about in response to the recommendations made by the 2020 Robertson Review into the death of Ms Ann-Marie Smith, an NDIS participant.

You can read the latest version of the NDIS Act which includes these recent changes on our website.

You can also read the full text of the amending Act on the Federal Register of Legislation.

Key information about worker screening

A worker applying for the NDIS Worker Screening Check must nominate an NDIS provider to verify that they currently (or intend to) employ or otherwise engage the worker to deliver NDIS supports and services. This Quick Reference Guide explains how to manage worker screening preferences, updates and notifications.

If a worker selects your organisation to verify their NDIS Worker Screening Check application you will receive an email asking you to access the NDIS Commission Portal to verify the application. Once a worker’s application is verified it will progress for screening. If a worker’s application is not verified, the worker will not be screened and their application may be cancelled. This Quick Reference Guide explains how to access the NDIS Commission Portal and verify a worker. Once a worker is linked to your organisation, you will receive status updates about the worker.

It is a condition of registration as a registered NDIS provider to ensure that all workers in risk assessed roles have an NDIS Worker Screening Clearance or an acceptable check under the transitional and special arrangements.

In some states or territories a registered NDIS provider may allow a worker to ‘work on application’, which means the worker can begin working in a risk assessed role after they apply for a NDIS Worker Screening Check but before they have been granted a clearance. Appropriate safeguards must be in place for workers who work on application. 

A new fact sheet which describes the work on application arrangements including what supervision must be in place is available on our website.

An Introduction to TelePBS webinar

National Disability Services, on behalf of the NDIS Commission, and in collaboration with Autism Spectrum Australia (ASPECT) and The University of Sydney held an introductory TelePBS webinar for behaviour support practitioners on 27 October 2021.  Registered  webinar participants can access  the webinar for up to three months. More information is on the NDS website.

TelePBS resources are available on the NDIS Commission website and include guides, reports, videos and podcasts. They outline best practice for remote delivery of positive behaviour support.

Behaviour support practitioner suitability assessment update

A significant number of applications from behaviour support practitioners in New South Wales and South Australia have now been assessed with the majority also receiving their suitability outcome summary.

If you are a behaviour support practitioner who has submitted their assessment and application, provisional suitability remains in place until you receive an outcome on your application.

For those behaviour support practitioners who have been considered provisionally suitable but have not received a notification letter from the NDIS Commission to submit an application, please email us for further information.

Our frequently asked questions and PBS Capability Framework pages have more information about the behaviour support practitioner suitability assessment and capabilities.

New resources to support quality service for people with disability

There is now more support available for workers who support students with disability, and for disability workers in the domestic and family violence sectors.

The National Disability Coordination Officer Program and the Australian Disability Clearinghouse on Education and Training have developed a new e-learning module called Orientation for External Support Workers in Tertiary Settings. The course has been designed for workers who support students with disability in tertiary settings, and will help develop your understanding of how to best support these students.

The eSafety Commissioner has developed new resources and offers free professional development sessions for people who work in disability services and the domestic and family violence sectors. This free training helps specialists who support clients with intellectual disability or cognitive disability to learn about technology-facilitated abuse and build awareness around support pathways. This training was developed in response to new research that revealed an increased risk of technology-facilitated abuse experienced by women with intellectual or cognitive disability. There is also an eSafety Women program that supports women who may be impacted by technology-facilitated abuse, including in a domestic and family violence context. 

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

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