Message from the Commissioner 

It’s been a busy start to the year at the NDIS Commission, with our work focused on human-rights centred regulatory reform, as well as strengthening engagement with key stakeholders, including providers.

In late January, Associate Commissioner Natalie Wade and I had productive meetings with newly appointed Minister for the NDIS, the Hon. Amanda Rishworth MP, and with Minister Assisting the NDIS Minister, the Hon. Dr Anne Aly MP. We discussed the importance of centring human rights in our regulatory practice and our role in supporting the sustainability of the NDIS. We are looking forward to working with Minister Rishworth and Minister Aly.

You may have read about a recent landmark $1.9 million civil penalty against registered provider Valmar Support Services. The Federal Court found that Valmar Support Services systemically failed to provide safe and competent supports and services for three NDIS participants, leading to the tragic and preventable death of a person in its care. We are committed to upholding the human rights of people with disability, including the right to be safe and to receive quality supports and services. This case demonstrates our approach to using appropriate measures of regulatory action including, when necessary, strong enforcement responses.

We are also currently in consultation on the mandatory registration of Platform Providers. We are keen to hear from the sector about the proposed approach and encourage you to provide your feedback before 7 March 2025.

Finally, there is significant work underway within the NDIS Commission on important areas such as:

• Reportable incident obligations of providers
• Worker safety and the reduction of violence
• Changes to the Positive Behaviour Support Capability Framework.

You will find further information on these matters as well as other resources to share and use with your teams in this newsletter.

Thank you for your ongoing commitment to providing quality services to  people with disability.

Commissioner Louise Glanville 

Valmar proceedings

The NDIS Commission secured a historic $1.9 million settlement in the Federal Court in January 2025, which found Valmar Support Services put NDIS participants at serious risk of harm, leading to the preventable death of a Canberra man in its care.

The circumstances that led to these civil penalty proceedings against the provider were tragic and avoidable. Any form of provider misconduct that threatens the safety of people with disability cannot be tolerated in the NDIS. The NDIS Code of Conduct clearly outlines the high standard of support people with disability are entitled to and it applies to all providers and support workers.

In addition to taking strong enforcement action when providers significantly fail in their obligations, we also provide information and education to providers, and people with disability and their families, to help navigate what good practice and standards of care look like.

Resources on topics such as mealtime management, supporting safe and enjoyable meals, the NDIS Code of Conduct, and NDIS Practice Standards are available online and through our general enquiry phone line on 1800 035 544.

Consultation on mandatory registration of platform providers

We are currently consulting on mandatory registration of platform providers and are keen to hear from the sector. We want to know what you think about our approach to:

• defining platform providers, and
• registering these providers to support quality, safety, choice and innovation.

This consultation builds on significant engagement with participants, workers and platform providers during our Own Motion Inquiry into Platform Providers.  

Please take a few moments to complete our survey to let us know what you think about our approach. The survey will close on 7 March 2025.

VALiD Having a Say conference

The VALiD Having a Say Conference is an annual event, with more than 500 people in attendance in late January.

The NDIS Commission had a strong presence at the conference, with Commissioner Louise Glanville and Associate Commissioner Natalie Wade in attendance, along with the Minister for the NDIS, the Hon. Amanda Rishworth MP and Victorian Minister for Disability, the Hon. Lizzie Blandthorn MP.

Louise and Natalie’s address to attendees aimed to build awareness of the role and remit of the NDIS Commission and highlighted the importance of ongoing consultation with the sector.

On the ground, the NDIS Commission booth was well visited, with many people dropping past to say hello. The NDIS Commission also hosted a 30-minute workshop to learn more about people’s communication preferences, which will be used to shape future communications from the NDIS Commission.

Provider obligations - reportable incidents

Reportable incidents are very serious incidents including the death, serious injury, abuse or neglect of an NDIS participant. Registered providers must notify us of the following reportable incidents, including allegations of incidents, within 24 hours of becoming aware of them:

• The death or serious injury of a person with disability
• Abuse or neglect of a person with disability
• Unlawful sexual or physical contact, or assault of, a person with disability
• Sexual misconduct against, or in the presence of, a person with disability.

The use of unauthorised restrictive practices is also a reportable incident, and registered providers must notify us about these within five business days.

Using the Registered Providers Portal, please provide as much information as possible about the incident, including:

• Contact details of the provider and the person making the notification
• A clear description of the incident including details of the harm or impact caused to the person
• The names and contact details of persons involved in the incident
• What immediate actions you have taken including actions to ensure the health, safety and wellbeing of persons with disability affected by the incident and if the incident has been reported to another body such as the police
• If known, the date time and place where the incident occurred
• Any other relevant information.
• You must also submit an update within five business days to include names and details of witnesses and any actions being taken in response to the incident.

If you don’t notify us, or don't do so within the required timeframe, there may be serious compliance consequences, including infringement notices and fines, compliance notices, banning orders or civil penalties.

Read more about Reportable Incidents.

Worker safety and reducing violence

Worker safety and wellbeing is a key part of delivering quality and safe supports to NDIS participants. The NDIS Commission has recently launched a new online resource about reducing violence against workers, with information to help you understand and manage risks associated with worker related violence.

The web page includes up-to-date information and links on a range of national, state and territory resources on worker safety and reducing violence. It has been developed in consultation with Unions relevant to the support of workers, providers and participants in the disability sector and National, State and Territory Work, Health and Safety agencies.

Please take some time to read through this important information and share it with any workers you employ: Violence against workers | NDIS Quality and Safeguards Commission.

Changes to the Positive Behaviour Support Capability Framework

The Positive Behaviour Support (PBS) Capability Framework helps the NDIS Commission decide who should be an NDIS behaviour support practitioner.

We have made some changes to the Framework that will:

• help people understand how to apply to become a practitioner, and
• help practitioners understand how they can progress through the different practitioner levels.

If you're a PBS practitioner, or are interested in becoming one, visit The Positive Behaviour Support Capability Framework to download the updated Framework and learn more about positive behaviour support.  

PBS Capability Framework under review

We have recently engaged Flinders University to assist us to review the Framework and how we decide who can be an NDIS behaviour support practitioner. We anticipate this review work will help improve behaviour support services.

Information about how you can have your say in this review will be available soon and will be shared on our website and in the Provider newsletter.

New tools to better understand participants' support needs

The NDIA is working with people with disability to design and test a new way of gathering information about the support NDIS participants need and to set their NDIS budgets. This is in line with the NDIS Review recommendation to change the approach to planning, so that participants no longer need to source their own reports and will have fairer budgets and more flexibility in their plans.

Last week the NDIA released a Request for Tender for support needs assessment tools for adults, and industry consultation processes focusing on how best to understand the support needs for children and targeted NDIS support needs.

For more information, please visit New tools to better understand participants’ support needs | NDIS. 

Key resources to help you  

Our website has a range of key resources to support you in delivering safe and quality services and complying with your registration.

Find the links here:

• Provider registration information
• Worker resources  
• NDIS Code of Conduct 
• Worker Screening  
• NDIS Practice Standards 
• How to report an incident 
• Incident management 
• Workforce Capability Framework 

Resources for Behaviour Support Practitioners 

• Understanding behaviour support and restrictive practices - for providers
• Rules for behaviour support and restrictive practices

Stay in touch with the NDIS Commission on social media:

General Enquiries

1800 035 544 (free call from landlines)

Our contact centre is open Monday to Friday 9am - 6:30pm AEDT, excluding public holidays.

To provide feedback, contact the NDIS Commission by emailing 
contactcentre@ndiscommission.gov.au.
 

Thanks for reading!

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