What is the Code of Conduct?
The National Disability Insurance Scheme (NDIS) Code of Conduct is a vital framework that promotes safe, ethical, and high-quality service delivery within the NDIS landscape. It sets clear expectations for the behaviour and practices of both NDIS providers and their employees, ensuring that the rights and well-being of people with disabilities are upheld at all times. The Code also includes rules about price differentiation, enhancing transparency and fairness in service provision.
Who Does the Code of Conduct Apply To?
The NDIS Code of Conduct is comprehensive in its scope, applying to:
- Registered NDIS Providers and Their Employees: This includes all organisations and individuals officially registered with the NDIS to provide supports and services.
- Unregistered NDIS Providers and Their Employees: Even those not officially registered but delivering services under the NDIS framework must adhere to the Code.
- Providers Delivering Information, Linkages, and Capacity Building (ILC) Activities: Those involved in ILC activities are also bound by the Code, ensuring consistency in service quality and ethics.
- Providers Delivering Commonwealth Continuity of Support Programme Services for People Over the Age of 65: This ensures that older Australians receiving these services are also protected under the same standards.
The NDIS Code of Conduct
The Code of Conduct requires workers and providers who deliver NDIS supports to:
- Respect Individual Rights: Act with respect for the individual rights to freedom of expression, self-determination, and decision-making in accordance with relevant laws and conventions.
- Privacy: Respect the privacy of people with disabilities.
- Competence: Provide supports and services in a safe and competent manner with care and skill.
- Integrity and Transparency: Act with integrity, honesty, and transparency in all dealings.
- Responsiveness to Concerns: Promptly take steps to raise and act on concerns about matters that might impact the quality and safety of supports provided to people with disabilities.
- Prevent Violence and Abuse: Take all reasonable steps to prevent and respond to all forms of violence, exploitation, neglect, and abuse of people with disabilities.
- Prevent Sexual Misconduct: Take all reasonable steps to prevent and respond to sexual misconduct.
Worker Requirements
Worker Orientation Module
The Worker Orientation Module – Quality, Safety and You is a free eLearning module that explains the obligations of workers under the NDIS Code of Conduct from the perspective of NDIS participants. All registered NDIS providers under the NDIS Commission should include this module within their induction process for new workers and encourage existing workers to undertake it over time as part of their ongoing learning and compliance with the NDIS Code of Conduct.
Worker Screening Check
It is mandatory for all interpreters and other workers engaging with NDIS participants to have a valid NDIS Worker Screening Check. This ensures that all workers meet the required standards for safety and competence.
Reporting Misconduct
The NDIS Code of Conduct can be accessed on the NDIS Quality and Safeguards Commission website. It is crucial for Support Coordinators to stay informed about developments within each participant’s team, as they may often be the only ones in a position to recognise misconduct or identify concerning situations.
Steps to Report Misconduct
- Prompt Reporting: Report any suspected or observed breaches of the Code of Conduct promptly. This contributes to a safe and supportive reporting environment for all parties involved.
- Who to Report To:
- Provider’s Management Team: If it involves a worker or provider, report to the provider’s management team and follow their complaints process.
- NDIS Quality and Safeguards Commission: For broader concerns or if the provider’s process is insufficient.
- Local Area Coordinator: They can provide additional support and guidance.
- Directly to the NDIS: For direct intervention and oversight.
- NDIS Fraud Reporting and Scams: For issues related to fraud or scams.
- Police or Emergency Services: In cases of immediate danger or criminal activity.
Considerations When Dealing with Incidents and Misconduct
Documentation of the Incident
If possible, document details of the incident, including dates, times, locations, and the individuals involved. This information can be invaluable when reporting misconduct and ensuring a thorough investigation.
Confidentiality
Reporting misconduct is essential, and your information is always treated confidentially. You can request confidentiality when making a report, but it’s crucial to balance this with the need to ensure the safety of individuals involved.
Advocacy Support
If you feel uncomfortable reporting on your own or need support throughout the process, consider seeking assistance from an advocate or trusted support person. They can provide guidance and help ensure your concerns are addressed appropriately.
Conclusion
The NDIS Code of Conduct is a cornerstone of quality and ethical service delivery within the NDIS framework. By adhering to its principles, providers and workers ensure that the rights and well-being of people with disabilities are protected. Staying informed about the Code and understanding the processes for reporting misconduct are essential for maintaining the integrity and safety of NDIS services.
