Provider registrations by the NDIS Commission

15 April 2019
Sabine Phillips, Partner, Melbourne

In order to successfully obtain provider registration through the NDIS Commission, disability service providers must:

  • Comply with the new conditions of registration and the NDIS Practice Standards;
  • Complete a self-assessment against the NDIS Practice Standards;
  • Complete an audit against the NDIS Practice Standards by a certified auditing body;
  • Comply with the new NDIS Code of Conduct;
  • Ensure all workers are screened through the national worker screening process;
  • Have an internal complaints management and resolution system;
  • Establish and maintain an internal incident reporting system and report serious incidents to the NDIS Commission.

 

Click here for further information in relation to the NDIS Quality and Safeguards Commission, and what it will mean for providers and participants in residential aged care.

 

Notification requirement

If there is any change of circumstance that impedes a service’s ability to provide the kind of support or service to which the service is registered to provide, the registered provider must notify the NDIS Commission within 28 days of such a change in circumstances.

 

Practice Standards and obligations of disability service providers

Part 6 of the National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018 (Rules) detail the Practice Standards which aim to ensure people accessing services via the NDIS are free from abuse and are able to exercise a rights-based approach to the provision of their care, including standards relating to:

  • the rights of participants and responsibilities of providers;
  • provider governance and operational management;
  • the provision of supports; and
  • the environment in which supports are provided to participants.

 

Reportable Incidents

The Rules require all registered NDIS providers to notify the NDIS Commission of a ‘reportable incident’.

A reportable incident is a serious incident or allegation which results in harm to a participant and which occurred in connection with the provisions of disability service supports and services.

Notifiable incidents also include the unauthorised use of a regulated restrictive practice.

Most incidents must be notified to the Commission within 24 hours.

After being made aware of a reportable incident, the NDIS Commission will screen each incident to identify any concerns relating to the service, which may involve the exercise of the NDIS Commission’s far-reaching investigation and enforcement powers.

 

How can we assist you?

It is important that providers ensure they are able to demonstrate how they comply with the new Standards.

Gadens is able to advise and assist providers on their obligations under the new Standards.


Authored by:

Sabine Phillips, Partner

Tamie Duncan-Bible, Associate

Abigail Gedge, Paralegal

This update does not constitute legal advice and should not be relied upon as such. It is intended only to provide a summary and general overview on matters of interest and it is not intended to be comprehensive. You should seek legal or other professional advice before acting or relying on any of the content.

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