The NDIS Code of Conduct applies to you or your employer if you provide services for NDIS participants and get paid under the NDIS.
The NDIS Code of Conduct was developed to ensure that an adequately trained and skilled workforce is available to provide NDIS services to participants in a safe manner. It applies to all NDIS providers - registered and unregistered and to NDIS workers.
By reading the article below, you will discover what the NDIS Code of Conduct outlines and entails for providers and workers. In addition, you will discover how ELS ensures the safety and wellbeing of people with disabilities by following the code of conduct.
NDIS service Code of Conduct: Why it's Important.
By setting out acceptable, appropriate and ethical conduct for NDIS providers and workers, the NDIS Code of Conduct protects the health, safety and wellbeing of people with disabilities. People with disabilities have a right to fair treatment under the NDIS Code of Conduct as clearly outlined in the United Nations Convention on the Rights of Persons with Disabilities.
The NDIS Code of Conduct has 7 parts to it.
NDIS providers and workers must:
1. Act with respect for individual rights to freedom of expression, self-determination and decision-making in accordance with applicable laws and conventions.
People with disabilities are entitled to freedom of choice, to live their lives as they choose, and to have the same rights and freedoms as everyone else. (NDIS Quality and Safeguards Commission)
Because of this, ELS and its staff place a huge amount of emphasis on giving clients choice and control - a commitment that forms the basis of every decision we make.
To help our clients make informed decisions, we provide information on providers and how to allocate funds so that they can make informed choices. Once they've made a decision, we help them implement it by assisting with budgeting and setting aside funding. This is to confidently get the needed support from the providers they choose. As a result, our clients are more in control of their NDIS plans, their budget, and their lives.
2. Respect the privacy of people with disability
Everyone has the right not to have their personal information disclosed without their informed consent. It is the responsibility of NDIS providers to respect and protect the privacy of everyone with whom they provide services, and to ensure they follow all applicable privacy laws when managing information. (NDIS Quality and Safeguards Commission)
As part of ELS disability services' commitment to this code of conduct, we train our employees to protect client information. We have created policies (should a case arise in which customer privacy is compromised) to minimize the exposure of client information and any subsequent damage that might result. You can find our Privacy and Dignity Policies and Procedures here.
In addition, we verify clients' and providers' identities when requesting private information from us.
Our staff receive privacy and dignity training based on right-based approach. Because of this, our team members are trained to be mindful of our clients' privacy, and this is reinforced through the training they receive.
3. Provide supports and services in a safe and competent manner with care and skill
NDIS providers to provide adequate support to their clients effectively, must ensure their workers are competent. In order to provide quality services, their workers should have the necessary qualifications, training, and skills. (NDIS Quality and Safeguards Commission)
We provide our employees with induction and refresher training at key stages of their employment. This is for them to be competent in assisting clients in a variety of areas whether we are providing plan management or core support services.
4. Act with integrity, honesty and transparency
Those with disabilities have a right to accurate, timely and accessible information about the cost and effectiveness of services. (NDIS Quality and Safeguards Commission)
At ELS Disability Services, we are honest and transparent in our conversations whether it is regarding our core services or support coordination or plan management.
As your plan manager, we scrutinise every invoice to ensure clients aren't charged more than the rates set out in the NDIS Pricing Arrangements and Price Limits.
If clients have any concerns about invoices or charges made by their providers, we can help them verify the services they have been billed for. We also provide an option for clients to approve every invoice before processing to give our clients the control they desire.
Our plan management client portal and mobile app allow our clients to see their information - including their NDIS plan budget - in real time.
5. Promptly take steps to raise and act on concerns about matters that may impact the quality and safety of supports and services provided to people with disability.
A provider of NDIS services has a responsibility to provide quality and safe services. Therefore, they should have an effective complaints, resolution, incident management, investigation, and disciplinary process in place. (NDIS Quality and Safeguards Commission)
At ELS Disability Services, we can provide information if clients have concerns that need to be reported to the NDIS Qualify and Safeguards Commission or to the National Disability Insurance Agency.
Whether it's fraud, problems with the services or support a client receives, or a risk of danger, we can help them determine who to call and how.
This basically means we'll report to the NDIS Quality and Safeguards Commission. This is if we become aware that an ELS disability support team member or another provider is involved in a ‘reportable incident’.
The NDIS Quality and Safeguards Commission considers a reportable incident to include the following scenarios when related to NDIS services provided:
The death of a client
A serious injury
Abuse or neglect
A physical attack or a verbal assault
Sexual assault or misconduct
Unauthorised restraint practices
We have a process and a person dedicated to notify the NDIS Quality and Safeguards Commission if a reportable incident occurs. The person looks after subsequent requests, and responds to queries from the NDIS Quality and Safeguards Commission, once informed.
6. Take all reasonable steps to prevent and respond to all forms of violence against, and exploitation, neglect and abuse of, people with disability.
It is well established that people with disabilities are significantly more likely to experience violence, abuse, neglect and exploitation than others in the population, and that this goes unnoticed and unaddressed. The risk of violence against women and girls with disabilities is far greater, and children and young people with disabilities suffer abuse and violence at a rate that is approximately three times that of children without disabilities. (NDIS Quality and Safeguards Commission)
It is known that people with disabilities are particularly vulnerable to systemic and opportunistic harm. We as service providers are often their first line of defense when it comes to raising concerns about risks that actually exist and might arise in the future.
For that reason, we proactively detect and report vulnerabilities, safety concerns, and safeguarding concerns, so that we can improve outcomes for thousands of Australians with disabilities.
7. Take all reasonable steps to prevent and respond to sexual misconduct.
In general, sexual misconduct refers to any unwelcome acts or behaviors perceived by a person with disability to be sexual. A physical or verbal act committed without consent or the result of force, intimidation, coercion, or manipulation is included under this category. It includes sexual violence and exploitation but is not limited to actions which constitute a criminal offence. (NDIS Quality and Safeguards Commission)
Developing a trusting relationship between a worker and a person with a disability is crucial. Violations of this trust and of the Code of Conduct constitute a breach of this trust.
As per the NDIS Quality and Safeguards Commission, NDIS providers should provide workers with the following guidance:
Be able to distinguish between sexual misconduct and appropriate discussions about sexual support or family planning for a participant
Identify inappropriate touching from appropriate touching
Providing guidance to workers on how to set boundaries with their clients
Provide workers with guidance in determining whether their own or others' relationships have become inappropriate and instructing them to discontinue them.
In light of what we've mentioned above, people with severe or profound disabilities are particularly vulnerable to systemic and opportunistic harm, and we are often their first port of call for raising concerns about their personal safety.
As a result, we proactively identify and report vulnerabilities, safety concerns, and safeguarding concerns so that thousands of Australians with disabilities can achieve better outcomes.
How are the NDIS Practice Standards and the NDIS Code of Conduct different?
We come across this question many times.
Below is the simplest explanation of what the difference is between NDIS Practice Standards and NDIS Code of Conduct:
While the NDIS Practice Standards define the quality standards registered providers must abide by, the NDIS Code of Conduct outlines expectations for how providers and workers should conduct themselves.
For the latest information on the NDIS Code of Conduct, visit the NDIS Quality and Safeguards Commission website.
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