Overview
The NDIS Code of Conduct (the Code) sets the minimum expectations for all NDIS providers, their key personnel and workers to deliver supports and services in a safe, ethical and respectful manner, upholding the rights, dignity, and well-being of people with disabilities. It establishes clear standards of behaviour and practice to empower individuals to access quality supports free from abuse, neglect, violence exploitation or discrimination, fostering trust and accountability within the NDIS sector.
The NDIS Code of Conduct is reproduced in Table 1 at the end of this article.
Who needs to uphold the Code of Conduct?
The Code applies to:
- Registered and unregistered NDIS providers, their key personnel and NDIS workers.
- Providers delivering information, linkages, and capacity building (ILC) activities.
- Providers delivering Commonwealth Continuity of Support Programme services for people over the age of 65.
- NDIS Commission employees.
Workforce Capability Framework
Together, the NDIS Code of Conduct and Workforce Capability Framework create a robust foundation for fostering a skilled, caring, ethical and participant-focused NDIS workforce, ensuring high-quality services and safeguarding the rights and well-being of people with disabilities. It is not just about the obligation of providers to engage and retain the right workers in terms of their skills and capabilities, but importantly, to engage and retain workers with the right personal attributes and attitudes. This means workers who:
- are kind and caring;
- are committed to providing person-centred services and supports;
- respect the rights of people with disabilities; and
- seek to prevent harm and respond appropriately if harm occurs.
https://www.ndiscommission.gov.au/workforce-capability-framework
Implementing the NDIS Code of Conduct
It is important that providers integrate the NDIS Code of Conduct into their governance framework. The governing body should support compliance with the Code and integrate this into the organisation’s strategic planning, risk, compliance and quality systems. There should be clearly articulated and documented policies and procedures to support compliance with the Code, including governance, human resources management, incident management, risk management and safeguarding policies and procedures.
NDIS providers must take reasonable steps to assist and support their workers to meet the NDIS Code of Conduct obligations. This is achieved by implementing and maintaining appropriate and targeted worker induction, orientation, training, supervision and performance appraisal processes to ensure ongoing compliance with the Code requirements.
NDIS Quality and Safeguards Commission
The NDIS Quality and Safeguards Commission (NDIS Commission) ensures the safety and quality of supports and services through the NDIS Code of Conduct, which applies to all providers, key personnel and other workers, setting minimum standards for ethical, safe and respectful services. The Code aligns with national disability standards and empowers participants as informed consumers to access high-quality supports while being free from violence, abuse, neglect, exploitation and discrimination. The NDIS Commission enforces the Code by handling complaints, conducting investigations, and implementing measures such as education, compliance actions, and prohibiting non-compliant individuals or organisations from operating in the NDIS market.
Fair Pricing
The NDIS Code of Conduct specifies that providers must not charge NDIS participants a higher price for the same procedure, support or service compared with other customers. Specifically, the Code states that providers must not:
- provide services or expend funds contrary to a participant’s approved plan;
- ask for, or accept any additional fees for providing the service;
- offer inducements or rewards that have no particular link to a participant’s NDIS plan and that could be perceived to encourage people to take up or continue with the organisation or a particular service option;
- engage in high-pressure sales;
- charge a participant more than another person for substantially the same product, support or service without genuine, reasonable and objectively sufficient justification; and
- promote, advertise and publish higher prices for substantially the same products, supports or services for participants as compared with other people without genuine, reasonable and objectively sufficient justification.
Breaches of the NDIS Code of Conduct
The NDIS Commission, which is an independent regulator, is empowered to take a range of sanctions and remedial action if NDIS providers, key personnel or workers breach the Code. This includes investigations, banning orders, de-registering providers and seeking civil penalties.
Australian Consumer Law
NDIS providers offering disability services also have an obligation to comply with the Australian Consumer Law. The NDIS Commission has powers to refer matters to the Australian Competition and Consumer Commission (ACCC) if it identifies misleading and deceptive conduct, unconscionable conduct and unfair contract terms.
Table: NDIS Code of Conduct
1. Act with respect for individual rights to freedom of expression, self-determination, and decision-making in accordance with relevant laws and conventions.
2. Respect the privacy of people with disability.
3. Provide supports and services in a safe and competent manner with care and skill.
4. Act with integrity, honesty and transparency.
5. 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.
6. Take all reasonable steps to prevent and respond to all forms of violence, exploitation, neglect, and abuse of people with disability.
7. Take all reasonable steps to prevent and respond to sexual misconduct.
https://www.ndiscommission.gov.au/code-of-conduct.pdf
