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Provider Registration Guide to Suitability November 2017

ndis.gov.au November 2017 | Provider Guide to Suitability V 1.07

Contents

Provider Registration Guide to Suitability..................................................................................1

1. Provider Toolkit.....................................................................................................................3

2. Version Control.....................................................................................................................4

3. Introduction...........................................................................................................................5

4. Registration Groups..............................................................................................................7

5. Professional Registration Groups.......................................................................................13

6. Home and Vehicle Modification Registration Groups.........................................................17

7. Assistive Technology and Equipment Registration Groups................................................19

8. Professional Qualifications.................................................................................................20

9. State and Territory Requirements for Specialist Disability Providers.................................23

Summary................................................................................................................................23

9.1 Requirements for new specialist disability providers in South Australia......................24

9.2 Requirements for new and existing disability providers in Queensland......................40

9.3 Requirements for new and existing specialist disability providers in Tasmania..........47

9.4 Requirements for specialist disability providers in Victoria..........................................52

9.5 Requirements for new specialist disability providers in ACT.......................................71

9.6 Requirements for specialist disability providers in New South Wales.........................74

9.7 Requirements for new specialist disability providers in Northern Territory................108

9.8 Requirements for new and existing Commonwealth disability service providers......111

ndis.gov.au November 2017 | Provider Guide to Suitability V 1.07 2

1. Provider Toolkit The provider toolkit is designed for organisations and individuals who want to learn more about working with the National Disability Insurance Scheme (NDIS). The provider toolkit can be accessed from the provider section of the NDIS webpage (https://providertoolkit.ndis.gov.au/).


2. Version ControlDATE AMENDED

VERSION NUMBER AMENDED

KEY CHANGES NEW VERSION NUMBER

30 June 2016

V 1.0 Updated with Vic and NSW content V 1.01

24 August 2016

V 1.01 Formatting changes V 1.02

30 August 2016

V 1.02 Updates to professions section V 1.03

30 August 2016

V 1.03 Spelling and formatting changes throughout for consistency. Minor rewording and clarification throughout.

V 1.04

20 December 2016

V 1.04 Refined content from jurisdictions. New content for NT. Updated introductory section to increase clarity and readability.

V 1.05

22 June 2017

V 1.05 Updated content to the NSW, VIC and QLD jurisdiction sections. Updated contact details in ACT jurisdiction section. Minor rewording and clarification throughout, including professions section.

V 1.06

1 November 2017

V 1.06 New information regarding Aboriginal Health Workers (Profession). New content for SA. New section on requirements of Commonwealth providers. Minor rewording and formatting changes throughout for consistency.

V 1.07


3. IntroductionIt is important that a ‘whole of system’ approach is taken to the quality and safeguards for participants. Safeguarding people with disability from abuse, harm and neglect is every disability service provider’s responsibility and must be an important part of everyday practice. People with disability should also have access to high quality supports.

The Provider Guide to Suitability provides information to assist providers to understand their quality, safeguards and compliance obligations as providers of supports funded through the NDIS. During transition, and until these arrangements are replaced by a single National Quality and Safeguards Framework, providers of NDIS supports (providers) are required to comply with existing Commonwealth, State and Territory standards and legislation. All providers need to manage their own compliance obligations and ensure they meet or exceed the relevant requirements specified to each jurisdiction.

Quality and Safeguards of disability supports remains the responsibility of the Commonwealth, States and Territories during transition. Different supports have different levels of risk associated with their delivery. To minimise risk, enhance outcomes and maximise the social and economic participation of people with disability, there are specific experience, qualifications, processes and expertise required of providers. As the quality and safeguards arrangements differ between jurisdictions, providers must comply with the individual requirements of each jurisdiction in which they are providing supports. For example, where a provider is supporting participants in Victoria and South Australia, the provider must comply with the quality and safeguards requirements of both Victoria and South Australia.

The NDI S Price Guide describes items that can be funded through a participant’s plan. To ensure that providers do not need to register to provide individual support items, the support items have been grouped into ‘Registration Groups’ where the Quality and Safeguards requirements to provide the supports are similar. The specific Quality and Safeguards requirements for each of these registration groups can be determined by reading through the information in sections four to seven in conjunction with the relevant requirements specific to each jurisdiction.

Details about each of the registration groups is provided in sections four to seven. Providers need to consider which registration groups are relevant to them, and ensure they understand and comply with the quality and safeguarding requirements for the registration group and for each jurisdiction in which they intend to register.

This guide will be updated as needed to reflect any changes to transition arrangements.


http://www.ndis.gov.au/providers/pricing-and-payment.html

A Note about ‘Professions’ and ‘Additional Requirements’

Certain supports are required to be provided by people with specific qualifications and experience; these supports are priced accordingly and include expectations about outcomes. The professions listed in the tables that follow reflect the expectations of jurisdictions and NDIS in this regard. For example, it is expected that Physiotherapy is provided by an AHPRA registered Physiotherapist. Some states and territories will also require professions to meet other additional requirements for some registration groups.

This document describes the minimum registration requirements for registered providers delivering each relevant support. As outlined in the NDIA Terms of Business, providers must ensure that they possess the relevant experience and understanding of working with people with disability in order to deliver high quality supports and to ensure that they are always able to act in the interests of participants.

Further information can be found in the relevant state or territory section of this guide.Please contact [email protected] for advice about qualifications or experience not listed.


mailto:[email protected]

4. Registration GroupsProviders wishing to register for the below Registration Groups must:

Be registered, approved and compliant with the requirements for registration or approval as a Specialist Disability Service, Community Care or Home and Community Care provider as determined by each jurisdiction in which the provider is delivering supports.

Submit evidence of this registration, approval and compliance issued by the jurisdiction, or authorised third party verification body (as determined by each jurisdiction), for which they have applied to deliver supports. This evidence document must state the services that the provider is currently providing, or is authorised to provide under the NDIS. See each relevant state or territory section in this document for further details about evidence and/or third party verification arrangements;

Ensure that they possess and are able to demonstrate sufficient experience working with people with disability to deliver more specialist registration groups.

New providers or existing providers wishing to expand their services should refer to the relevant Commonwealth, state or territory requirements in this document. NDIS registration to deliver the relevant service will be completed only once these requirements are met. NDIS registrations are not retrospective: registration is effective from the date on the NDIS Provider Registration Certificate. Services delivered prior to this registration date are not funded.

Please note: Where square brackets appear in the table below, this indicates the abbreviated name of the registration group that appears in myplace.

Registration group No. Professions Additional Guidance

Assistance to Access and Maintain Employment or higher education [Assist Access/Maintain Employ]

Workplace assistance enables a participant to successfully obtain and/or retain employment in the open or supported labour market. Includes:

0102 Developmental Educator

Teacher Disability Support

Worker (includes Mental Health or Peer Worker)

Social Worker

Commonwealth Quality and Safeguards arrangements may apply, including certification against the National Standards for Disability Services (NSDS) via the Human Services Scheme (part 3 (DEES). Please see

ndis.gov.au November 2017 | Provider Guide To Suitability Page


individual employment support employment preparation and support in a group school leaver employment supports transition through school and to further education

Welfare worker Aboriginal Health

Worker

jurisdictional section for further detail.

Development of Daily Living and Life Skills [Development-Life Skills]

Development of daily living and life skills focuses on training and development activities undertaken by the participant or their carer to increase their ability to live as autonomously as possible, including supports that will enhance the ability of the participant to travel and use public transport independently.

0117 Disability Support Worker


Worker

Daily Personal Activities

Assisting with and/or supervising personal tasks of daily life to enable the participant to live as autonomously as possible. These individual supports can be provided in a range of environments, including but not limited to, the participant’s own home.



Worker

High Intensity Daily Personal Activities

Assisting with and/or supervising personal tasks of daily life to enable the participant to live as autonomously as possible. These supports are provided by a worker with additional qualifications and experience relevant to the participants’ complex needs. These individual supports can be provided in a range of environments, including but not limited to, the participant’s own home.



Worker

Relevant specialist skill sets and experience may be required, such as behaviour support, suctioning etc.



Assistance with daily life tasks in a group or shared living arrangement [Daily Tasks/Shared Living]

This registration group incorporates assistance with and/or supervising tasks of daily life in a shared living environment, which is either temporary or ongoing, with a focus on developing the skills of each individual to live as autonomously as possible. This registration group includes short-term accommodation and assistance (e.g. respite care)



Worker


This registration group incorporates assistance with and/or supervising tasks of daily life in a shared living environment, which is either temporary or ongoing, with a focus on developing the skills of each individual to live as autonomously as possible. This registration group includes short-term accommodation and assistance (e.g. respite care)

Participation in community, social and civic activities[Participate Community]

Assisting participants to participate actively in community, social and civic activities; includes supporting participants during these activities, and developing participants’ ability to partake in these activities.


Welfare worker Developmental

Educator Aboriginal Health

Worker

Group and Centre Based Activities [Group/Centre Activities] 0136 Disability Support Worker



Assisting participants to participate in group based community, social and recreational activities.

Welfare worker Social Worker Developmental

Educator

Specialist Disability Accommodation

Please see SDA webpage for further information

0131 For further information, please refer to the SDA Guide to Suitability located on the SDA registration and dwelling enrolment page of the NDIS website

Management of Funding for Supports [Plan Management]

Plan management is the financial management of the plan supports including making payments to providers, expense claims processing, providing monthly statements for participants and claiming for payment from NDIA.

Financial Intermediary funding applies to registered plan management providers who deliver plan management supports.

A financial intermediary will typically possess good knowledge of providers and supports, developed through strong connections in the relevant community.

0127 Accountant / Bookkeeper

For further information, please refer to the section in this document for the state or territory in which you intend to provide supports.

Assistance in coordinating or managing life stages, transition and supports – [Assist-Life Stage, Transition]

This registration group includes short and long-term supports that focus on strengthening the participant’s ability to coordinate their


Welfare worker Developmental

Educator Social Worker


https://www.ndis.gov.au/sda-enrolment.html



https://www.ndis.gov.au/specialist-disability-accommodation.html


supports, and to assist them to live at home and participate in their community. Includes:

support connection

coordination of supports

assistance with accommodation and tenancy obligations

Life transition planning including mentoring, peer support and individual skill development

assistance with decision making, daily planning, budgeting

Aboriginal Health Worker

Specialised Supported Employment

Assistance in specialised supported employment/ADE


Welfare Worker Teacher Aboriginal Health

Worker

Commonwealth Quality and Safeguards arrangements apply, including certification against the National Standards for Disability Services (NSDS) via the Human Services Scheme (part 3 (DEES).

Accommodation/Tenancy Assistance - [Accommodation/Tenancy]

Includes transition supports only

0101 Social Worker Welfare Worker Other

Assistance with Travel/Transport arrangements

Includes rental of adapted vehicle

0108 Taxi/Bus driver Other

Household tasks

Essential tasks that the participant is not able to undertake: meal preparation and delivery, house or yard maintenance, cleaning and

0120 Cleaner Gardener Other



linen).

Assistance Animals

Further information is being finalised.

0130 Other

Specialised Driver Training

Driver training using adapted equipment or vehicle modification.

0129 Driving Instructor Licensed driving instructor with experience in providing training to people with disability and in the use of adapted vehicles.

Innovative Community Participation

Activities not included under other community participation registration groups; for mainstream providers who want to enable participants to access mainstream activities.

0116 Other


5. Professional Registration GroupsThe following registration groups require specific professional qualifications and experience as a prerequisite to provide these supports under the NDIS. This is because these supports require specific skills and experience to be safely provided. Professionals who wish to provide specialist disability supports must also comply with Quality and Safeguards requirements of the relevant state/territories.

Additional requirements apply for some services in some jurisdictions. Please refer to the relevant section for the state or territory in which you are providing or intend to provide, supports.

Registration Group No. Professions Additional Guidance

Specialist Positive Behaviour Support [Behaviour Support]

Specialised Positive Behaviour Support registration group includes support items provided by allied health professionals with specialist skills in positive behaviour support including assessment and the development of a comprehensive plan that aims to reduce and manage behaviours of concern.

0110 Occupational Therapist

Psychologist Social Worker Other health

professionalNote: Some jurisdictions have different professional requirements for this registration group. Please refer to the relevant section for the state or territory in which you are providing or intend to provide.

Experience in professional / clinician supervision and development as defined by the professional registration requirements of the relevant profession.Note: Some jurisdictions have additional requirements for providers of this registration group. Please refer to the relevant section for the state or territory in which you are providing or intend to provide.



Community Nursing Care

This is the provision of specialist care for participants who have high care needs requiring a high level of skill, and for the training of support workers to respond to the participant’s complex needs.

0114 Registered Nurse Experience in professional / clinician supervision and development as defined by the professional registration requirements of the relevant profession.

Interpreting and Translation

Interpreting and translation focuses on assistance to the participant to enable independent communication in essential personal, social or community activities where translation is not available from a mainstream service.

0121 Interpreter/Translator NAATI accreditation at Professional or Paraprofessional level (previously level 2 or 3) and experience working with people with disability.

Early Intervention Supports for Early Childhood

Provision of a mix of therapies, and a key worker for the family. Supports all children 0-6 years with developmental delay or disability and their families to achieve better long-term outcomes, regardless of diagnosis. All children and families will be treated as individuals to ensure that they receive the right support to meet their goals and aspirations. The type of supports will be different for every child and their family according to their needs.


Psychologist Physiotherapist Social Worker Speech Pathologist Teacher Developmental

Educator Audiologist Music Therapist Counsellor Art Therapist Orthoptist Podiatrist

Experience in early childhood interventions with children with disability ANDExperience in providing service within a trans disciplinary framework.



Custom Prostheses and Orthoses [Custom Prosthetics]

Prescription and manufacture of customised prostheses or orthoses requiring specialist skills.


Pedorthotist Podiatrist Orthotist/Prosthetist Physiotherapist

Experience relevant to the specific customised technology you wish to provide or assess. Further information is under development.

Support Co-ordination

The provision of Support Coordination within a specialist framework necessitated by specific high level risks in the participant’s situation. Support is time limited and focuses on addressing barriers and reducing complexity in the support environment, while assisting the participant to connect with supports and build capacity and resilience. It may also involve development of an intervention plan which will be put in place by disability support workers.

0132 Psychologist Occupational

Therapist Social Worker Other allied health,

developmental educator, social or health science professional

Experience in support coordination for people with complex needs



Therapeutic supports

Therapeutic supports are provided to assist participants aged from 7 years to apply their functional skills to improve participation and independence in daily, practical activities in areas such as language and communication, personal care, mobility and movement, interpersonal interactions and community living.

0128 Art Therapist Audiologist Orthoptist Counsellor Music Therapist Occupational

Therapist Podiatrist Psychologist Physiotherapist Social Worker Speech and

Language Pathologist Developmental

Educator Dietician Rehabilitation

Counsellor

Experience in professional / clinician supervision and development as defined by the professional registration requirements of the relevant profession.

Exercise Physiology & Personal Well-being Activities [Ex Phys Pers Training]

Physical wellbeing activities promote and encourage physical well-being, including exercise. .

0126 Exercise Physiologist Personal Trainer

Specialised Hearing Services

This registration group is for future use for specialised hearing services for children and adults with complex needs. These services are currently provided through the office of Hearing Services only and this registration group is not

0119 Audiologist



available for registration.

Hearing Services

This registration group is for future use for hearing services. These services are currently provided through the office of Hearing Services only and this registration group is not available for registration.

0134 Audiologist Audiometrist

6. Home and Vehicle Modification Registration GroupsProviders of these Registration Groups must provide evidence of current accreditation or licensing by the relevant state or territory authority to undertake building, engineering or mechanical work. It is important that providers of these supports are appropriately licensed and accredited to modify participants’ homes and equipment, to ensure NDIA participants are receiving value for money and quality services. The expertise required to provide these supports is different from the expertise required to provide supports within other registration groups.


Home Modification Design and Construction [Home Modification]This registration group incorporates design and subsequent changes to the participant’s home. Home modification design and construction includes installation of equipment or changes to building structures, fixture or fittings to enable participants to

0111 Architect Builder Building Inspector /

Works Assessor Building Surveyor Building Work

Supervisor Building Work

Project Manager

Experience and understanding of concepts and limitations of AS 1428 and other disability access standards and their application in accordance with a person’s needs and specifications of plans.



live as independently as possible or to live safely at home. Carpenter / Joiner Electrician Plumber / Gas

Fitter / Drainer Tiler Occupational

Therapist Rehabilitation

Engineer

Must hold current license or registration in the relevant State or Territory

Vehicle modifications

Vehicle modifications include the installation of, or changes to, equipment in a vehicle to enable a participant to travel safely as a passenger or to drive.

0109 Mechanic Engineer

Experience modifying vehicles to comply with Australian Design Rules and Standards. Must hold current license or registration in the relevant State or Territory.


7. Assistive Technology and Equipment Registration GroupsRegistration Groups relating to equipment and assistive technology often require diverse expertise to meet the needs of participants. Note that some equipment must be prescribed by appropriate allied health professions, but can be sold by retail providers.


Assistive Equipment for RecreationProducts used in competitive and non-competitive sports and other recreational pursuits.

0112 Other Relevant product knowledge and experience working with people with disability.

Assistive Products for Household TasksProducts to enable cooking, cleaning, washing, home maintenance and other tasks.


Assist Products for Personal Care and SafetyProducts for personal care or safety including beds and pressure mattresses, toilet and bathroom equipment, specialised clothing and continence needs.


Communications & Information EquipmentProducts to assist with alternate communication or to access written or spoken communication via electronic or other means.


Hearing EquipmentAssistive listening devices (not hearing aids).


Personal Mobility Equipment Products to enable mobility, such as equipment for walking, wheelchairs and transfer aids.


Vision Equipment 0113 Other Relevant product knowledge and experience working with



Products for navigation, orientation, braille, guide dogs, magnifiers and note taking equipment.

people with disability.

8. Professional Qualifications Some supports must be delivered by people with specific qualifications, experience or licensing. Some professions (e.g., those regulated under AHPRA) also require registration or certification independent of any requirements relating to disability services. The table below outlines a list of professions and the usual expectation about qualifications or credentialing, for registration purposes. For example, where the profession is listed as “Physiotherapist”, the provider is declaring as part of the registration process that they are a qualified and AHPRA registered Physiotherapist. Some states and territories will also require professions to meet other additional requirements for some registration groups. You can find further information in the relevant state or territory section in this guide. You can contact [email protected] for advice about qualifications or experience not listed.

The following health professions are regulated and must hold current AHPRA registration:

Registered Nurse Occupational Therapist Physiotherapist

Podiatrist Psychologist

The following professions must meet the registration or certification requirements of the relevant State or Territory:

Architect Builder Build Inspector/Works Assessor Building Surveyor Building Work Supervisor Building Work Project Manager

Carpenter/Joiner Electrician Plumber/Gas Fitter/Drainer Tiler Mechanic Teacher



Other professions:

Integration Aide: Check the requirements in your jurisdiction: Certificate III or IV in Education Support or equivalent may be required. Disability Support Worker: Check the requirements in your jurisdiction. Relevant industry experience or qualifications including Certificate III,

Certificate IV, Diploma, or Advanced Diploma in Disability, Mental health, Welfare, Mental Health Peer Work etc., may be required. Aboriginal Health Worker: Certificate IV in Aboriginal and/or Torres Strait Islander Primary Health Care Practice, or equivalent as determined

by the Aboriginal and Torres Strait Island Health Practice Board of Australia. ‘Other’- no specific requirements.

The following professions must hold current membership of the relevant professional association:

Profession name Professional qualifications or membership (all qualifications and memberships must be current)Audiologist Audiology Australia accredited Audiologist or Audiologist member of ACAud

Dietitian Accredited Practising Dietitian with the Dietitians Association of Australia

Orthoptist Registration with the Australian Orthoptic Board

Orthotist Membership with the Australian Orthotic Prosthetic Association and/or recognition by a state/territory orthotic program as a qualified orthotic practitioner

Pedorthist Registration with the Australian Register of Pedorthists

Prosthetist Membership with the Australian Orthotic Prosthetic Association and/or recognition by a state/territory prosthetic program as a qualified prosthetic practitioner

Speech Pathologist Practicing membership with Speech Pathology Australia

Audiometrist Membership with the Hearing Aid Audiometrist Society of Australia or audiometrist member of ACAud equivalent

Art Therapist Membership with the Australia New Zealand Arts Therapy Association (ANZATA)

Developmental Educator Full membership of Developmental Educators Australia Inc

Exercise Physiologist Accredited exercise physiologist with Exercise and Sports Science Australia

Interpreter/Translator Professional or Paraprofessional Accreditation (previously level 2 or 3) with the National Accreditation Authority for Translators and Interpreters Ltd


Profession name Professional qualifications or membership (all qualifications and memberships must be current)Music Therapist Active “Registered Music Therapist” with the Australian Music Therapy Association

Social Worker Membership with Australian Association of Social Workers

Rehabilitation Counsellor Membership with the Australian Society of Rehabilitation Counsellors Inc or equivalent

Welfare Worker Membership with the Australian Community Workers Association or equivalent

Counsellor Membership with the Australian Counselling Association or equivalent

Personal Trainer Personal training qualification, Certificate III, IV or Diploma in Fitness or equivalent

Accountant/Book-keeper membership with ATMA, AAT, CBK, ACCA, ABAL, CPA, ICB, IPA or CAANZ or equivalent

Rehabilitation Engineer Chartered Professional Membership with Engineers Australia

Aboriginal Health Worker Registration with the Aboriginal and Torres Strait Islander Health Practice Board of Australia.


9. State and Territory Requirements for Specialist Disability Providers

Summary

Each state and territory has a quality and safeguards system that was designed to meet the specific needs of that jurisdiction under historical funding arrangements and state and territory legislative frameworks. In addition to the expected professional requirements and expertise outlined above, providers must satisfy and comply with quality and safeguarding requirements relevant to the state or territory in which they are providing service.

Please see below a jurisdiction-by-jurisdiction breakdown of requirements.

Note: the outline below lists only those requirements specific to disability services providers. It does not contain other legislation including but not limited to commercial, health and safety, corporate, tax, or other legislation and requirements that may be applicable to each jurisdiction and with which providers may be expected to comply.

Note: These arrangements have been agreed by the Commonwealth, NDIA and jurisdictions as those which will apply during transition to the full scheme NDIS. Governments are aware that the requirements between jurisdictions are not always consistent and that significant effort is required where providers are operating in multiple states and territories. A National Quality and Safeguards Framework is under development which will ultimately replace this approach.

Important Notice:

Instructions for how to commence your application for approval as a specialist disability service provider with each State/Territory is detailed at the following location: https://ndis.gov.au/providers/psa.html. It is very important that you read and follow these instructions, in conjunction with the requirements of new disability service providers provided below, as in most cases providers are required to complete an application with the NDIA before contacting the relevant State/Territory.

ndis.gov.au November 2017 | Provider Guide To Suitability 23

https://ndis.gov.au/providers/psa.html

9.1 Requirements for new specialist disability providers in South Australia

Note: These requirements reflect the Quality and Safeguards Working Arrangements for Transition to the NDIS in South Australia agreed between SA, the Commonwealth and NDIA. Until such time that the nationally consistent NDIS Quality and Safeguards Framework is implemented, all NDIS registered providers of specialist disability services in South Australia are required to adhere to the Quality and Safeguards Working Arrangements for Transition to the NDIS in South Australia (the Quality and Safeguards Working Arrangements) and all policies, procedures and requirements within it.

The Quality and Safeguards Working Arrangements supports providers to have systems and processes in place to deliver safe, high quality services to people with disability in South Australia.

The Quality and Safeguards Working Arrangements is applicable to the safeguarding of children, young people and adults in receipt of disability supports funded through the NDIS in South Australia during transition to full-scheme.

The Quality and Safeguards Working Arrangements applies to any NDIS registered provider delivering disability services to NDIS Participants, including both government and non-government disability service providers, sole traders, AHPRA registered and other allied health practitioners, NDIA Partners in the Community, and all employees who may be paid staff, volunteers, contractors, sub-contractors or students on placement.

The Quality and Safeguards Working Arrangements operates in conjunction with all relevant legislation, policies, guidelines and standards, including any mandatory reporting requirements and is in addition to providers’ requirements to comply with the NDIA’s registration requirements outlined in the National Disability Insurance Scheme Act 2013.

The Commonwealth, South Australia and NDIA will jointly monitor the implementation of the working arrangements, including working together with relevant South Australian statutory bodies to manage quality and safeguards issues that arise during the transition to the NDIS in South Australia to ensure the best possible outcomes for NDIS participants.

i. Requirements for NDIS Registration in South Australia

Providers wishing to register to deliver services under the NDIS should read the Quality and Safeguards Working Arrangements to familiarise themselves with the requirements they must adhere to before commencing the registration process.

NDIS providers of specialist disability supports must be a member of the Department for Communities and Social Inclusion (DCSI) NDIS Registration Pool to provide specialist disability supports in South Australia. The DCSI NDIS Registration Pool replaces the DCSI Disability Services Provider Panel (DSPP) for NDIS providers, but the same application process applies. Providers will be required to submit evidence of membership of the DCSI NDIS Registration Pool to the NDIA via the upload evidence tile in the myplace portal as part of the NDIS registration process.

To become a member of the DCSI NDIS Registration Pool, providers must complete an application for registration and undertake a qualification process.


Providers must identify in their application:

the types of services they are applying to provide their target group or groups regional areas they service location of their services Quality Assurance Program in place (excluding some sole traders).

Applications for registration are assessed by DCSI, through the SA DCSI NDIS Reform Team. For further details, refer to: http://www.sa.gov.au/topics/community-support/disability/service-providers/apply.

The application, assessment and registration process takes into account a range of factors including legal status, financial viability, experience, ability and capacity to provide the nominated service activity, and compliance with applicable legislation. For example, applicants must comply with relevant legislation such as the Passenger Transport Act 1994, Supported Residential Facilities Act 1992, Family and Community Services Act 1972, Carers Recognition Act 2005, and the Children’s Protection Act 1993). In addition, applicants seeking to provide services to children must provide a copy of their child safe environment policy and confirmation that staff and volunteers hold current DCSI Child-related employment screening assessment and be cleared to work with children to DCSI. This does not subtract the responsibility of the Chief Executive under Division 3 of the Child Protection Act 1993.

Additionally, all applicants seeking approval to provide NDIS services in rural and remote locations of South Australia are required to provide evidence to DCSI of their compliance with DCSI’s Remote or Isolated Work Guideline when providing services outside of the metropolitan areas (e.g. relevant policies, procedures etc.) (Appendix 1).

Once an application is endorsed by DCSI:

Non-government providers including Self-Regulating Health Professionals and sole traders will be required to sign a Deed Poll. This Deed Poll describes the terms and conditions of being on the DCSI NDIS Registration Pool, and the quality and safeguarding requirements that providers must meet when providing services.

South Australian Government providers cannot enter into a Deed Poll. As an alternative, they are formally advised in writing that it is a condition of their approval to the DCSI NDIS Registration that they continue to comply with quality assurance, safeguard mechanisms and a consistent risk-based quality assurance approach as demonstrated at the time of their approval.

In signing a Deed Poll, providers agree to:

Comply with all laws which are applicable to the provision of the services, (including, without limitation, any specific legislation as may be set out in the Deed Poll) and with the requirement of its constitution (if any);

Comply with DCSI’s screening assessment requirements in respect of service provider staff issued from time to time;

Endorse and promote the principle and practices of quality improvement through consultation of the contract manager with the service provider to negotiate to engage with a


http://www.sa.gov.au/topics/community-support/disability/service-providers/apply

http://www.sa.gov.au/topics/community-support/disability/service-providers/apply

formal quality improvement program that best suits the size, type and stage of development of the service provider and maintaining accreditation;

Actively promote the rights and responsibilities of participants (the recipients of the relevant service), carers, advocates and service provider’s staff in relation to feedback and complaints and will establish a feedback and complaints mechanism, recognising complaints and feedback made;

Report any critical client incidents and serious care concerns to the Incident Management Unit in DCSI during the transition period, for consideration and resolution, which could include investigation;

Must immediately notify the SA Police or the State Coroner of a death of a customer in accordance with the Coroners Act 2003 after becoming aware that it is, or may be, a reportable death. This notification is not necessary if the person believes on reasonable grounds that the death has already been reported

Will ensure that interested persons are afforded easy access to information regarding their feedback and complaint systems, policies and procedures and if requested by the South Australian Minister, will provide written information detailing their feedback and complaints processes, as well as such further information as reasonably required; and

Will be aware of available external complaints avenues such as the Office of the Health and Community Services Complaints Commissioner and will incorporate these into feedback and complaints processes appropriately.

Comply with state provisions relating to contracting of services:o Providing it complies with all Deed Poll NDIS Obligations, the Service Provider may,

without the consent of the State, contract the performance of the Services or any part of them:

to any member of the DCSI NDIS Registration Pool which has a valid Letter of Registration authorising delivery of the relevant scope of services; or

in respect of domestic or like services (e.g. lawn mowing) that are incidental to the direct care of Customers or direct Services to Customers, to a body corporate or person who is suitably qualified to provide such domestic services

o The Service Provider may, with prior written consent of the State, contract the services or any part of them to a body corporate who is not a member of the DCSI NDIS Registration Pool.

o The Service Provider will be fully responsible for the performance of the contracted services and is not relieved from any of its obligations. If contracted services are determined to be inappropriate, and breach quality and safeguarding requirements in SA, the registration status of both the Service Provider and contracted provider may be impacted.

In addition to the above, disability service providers are responsible for ensuring:

• All mandatory reporting requirements under the Children’s Protection Act 1993 (SA), including those identified in the Child-Safe Environments Reporting Child Abuse and Neglect: Guidelines for Mandated Notifiers, and any other such requirements are met.

• Compliance with the investigation processes and procedures of the Department for Child Protection where applicable.

DCSI NDIS Registration Pool members must note that existing incident management arrangements will remain in place with extreme events managed through the DCSI Extreme


Events Plan (Client Services), which aims to reduce the risk that an extreme event will harm vulnerable clients.

The table at Appendix 1 (on the following page) outlines the NDIA Registration Groups that requires membership of the DCSI NDIS Registration Pool before a provider can register to deliver these services under the NDIS in South Australia.


Appendix 1 – NDIS Registration Groups that require registration with DCSI

National Disability Insurance Agency list of Registration Groups

Registration with the DCSI NDIS Registration Pool required?

Plan Management YesAccommodation/Tenancy YesAssist-Life Stage, Transition YesSupport co-ordination Yes (AHPRA registered professionals exempt) Assist Access/Maintain Employment or Higher Education No

Daily Tasks/Shared Living YesDaily Personal Activities YesHigh Intensity Daily Personal Activities YesAssist-Travel/Transport YesAssistive Equip-Recreation NoHearing Equipment NoAssistive Prod-Household Task NoAssist Prod Pers Care/Safety NoVision Equipment NoHearing Services NoSpecialised Hearing Services NoBehaviour Support Yes (AHPRA registered professionals exempt) Comms & Info Equipment NoCommunity Nursing Care No Development-Life Skills YesEarly Childhood Supports Yes (AHPRA registered professionals exempt) Home Modification NoHousehold Tasks NoInterpret/Translate NoParticipate Community YesGroup and Centre Based Activities YesPersonal Mobility Equipment NoCustomised Prosthetics NoExercise Physiology & Personal Training YesTherapeutic Supports Yes (AHPRA registered professionals exempt) SDA NoSpecialised Driver Training YesSpecialised Supported Employment NoVehicle modifications No

For existing providers, existing National Minimum Data Set support activities are mapped to these registration groups at Appendix 2.

Appendix 2 – Mapping of existing services to NDIS Registration Groups

NMDS NMDS description (existing SA funded services)

Equivalent NDIS Registration Groups

1.01 1.01 Large residential/institution (>20 people)—24 hour care Daily Tasks/Shared Living

1.02 1.02 Small residential/institution (7–20 people)—24 hour care Daily Tasks/Shared Living

1.03 1.03 Hostels—generally not 24 hour care Daily Tasks/Shared Living


NMDS NMDS description (existing SA funded services)

Equivalent NDIS Registration Groups

1.04 1.04 Group homes (< 7 people) Daily Tasks/Shared Living

1.05 1.05 Attendant care/personal care

Daily Personal ActivitiesHigh Intensity Daily Personal ActivitiesDevelopment-Life Skills

1.06 1.06 In-home accommodation support

Daily Personal ActivitiesHigh Intensity Daily Personal ActivitiesDevelopment-Life SkillsAccommodation/TenancyHousehold tasks

1.07 1.07 Alternative family placement Daily Tasks/Shared Living1.08 1.08 Other accommodation support Daily Tasks/Shared LivingCommunity support 2.01 2.01 Therapy support for individuals Therapeutic supports2.02 2.02 Early childhood intervention Early Childhood Supports

2.03 2.03 Behaviour/specialist intervention Behaviour Support Development-Life Skills

2.04 2.04 Counselling (individual/family/group) Therapeutic support2.05 2.05 Regional resource and support teams Therapeutic support

2.06 2.06 Case management, local coordination and development

Assist-Life Stage, TransitionSupport co-ordination

2.07 2.07 Other community support No match for registration purposes- relates to LAC role

Community access

3.01 3.01 Learning and life skills development

Development-Life SkillsAssist Access/Maintain Employment or Higher EducationGroup and Centre Based Activities

3.02 3.02 Recreation/holiday programs Participate CommunityGroup and Centre Based Activities

3.03 3.03 Other community access Participate CommunityAssist-Travel/Transport

Respite

4.01 4.01 Own home respite Daily Personal ActivitiesHigh Intensity Daily Personal Activities

4.02 4.02 Centre-based respite/respite homes Daily Tasks/Shared Living Group and Centre Based Activities

4.03 4.03 Host family respite/peer support Daily Personal Activities


respite High Intensity Daily Personal ActivitiesDaily Tasks/Shared Living

4.04 4.04 Flexible respite

Daily Personal ActivitiesHigh Intensity Daily Personal ActivitiesParticipate CommunityGroup and Centre Based Activities

Employment

5.01 5.01 Open employment

Assist Access/Maintain Employment or Higher EducationTherapeutic supports

5.02 5.02 Supported employment

Specialised Supported Employment Assist Access/Maintain Employment or Higher Education

Other

6.01 6.01 Advocacy No match- community development activity

6.02 6.02 Information/referral No match- community development activity

6.03 6.03 Combined information/advocacy No match- community development activity

6.04 6.04 Mutual support/self-help groups No match - community development activity

6.05 6.05 Alternative formats of communication Interpret/TranslateCommunity Care (Former HACC)

10.01 Domestic Assistance Household tasks10.02 Social support Development-Life Skills10.03 Allied health - general Therapeutic supports10.04 Allied health - podiatry Therapeutic supports10.05 Allied health - physiotherapy Therapeutic supports10.06 Allied health - occupational therapy Therapeutic supports10.07 Allied health - speech pathology Therapeutic supports10.08 Allied health - dietetics Therapeutic supports10.09 Nursing Community Nursing Care

10.1 Personal care servicesDaily Personal ActivitiesHigh Intensity Daily Personal Activities

10.11 Centre-based day care Participate Community10.12 Meals Household tasks10.13 Other food services Household tasks

10.14 Respite

Daily Personal ActivitiesHigh Intensity Daily Personal ActivitiesParticipate Community

10.15 Case management Assist-Life Stage, Transition10.16 Home modification Home modifications


10.17 Home maintenanceHousehold tasksDaily Personal Activities

10.18 Formal linen service Household tasks10.19 Transport Assist-Travel/Transport10.22 Goods and equipment Equipment clusters10.23 Client care co-ordination Assist-Life Stage, Transition

10.24 AssessmentTherapeutic supportsCommunity Nursing Care

10.25 Counselling/support information and advocacy

Therapeutic supportsAssist-Life Stage, Transition

ii. Arrangements for NDIS Contracted Partners

There are some categories of NDIS providers who will require membership on the DCSI NDIS Registration Pool by virtue of a contractual relationship with the NDIA (for example, Partners in the Community (PITC) Partners delivering Local Area Coordination (LAC) Services and Early Childhood Early Intervention (ECEI) Services).

These partners/providers are, and will continue to be required to comply with South Australia’s quality and safeguards under the terms of their contract with the NDIA (and the NDIA will ensure that contracts with these partners take account of these Working Arrangements and any national legislative reform with regard to quality and safeguards that may be introduced in the future)

iii. Arrangements for existing providers of Disability Specialist Services registered on the DCSI Disability Services Provider Panel (DSPP)

The transition to the NDIS is significantly changing the way DCSI conducts its business and this has affected a number of service arrangements.

Through the Bilateral Agreement, Governments agreed that State, Territory and Commonwealth safeguarding and quality assurance arrangements would apply until the new NDIS quality and safeguarding system was implemented in 2018.

Accordingly, a Deed Poll is required to govern the relationship between service providers and DCSI so that the appropriate level of quality and safeguarding arrangements is upheld.

The Deed Poll is required in addition to a providers current Master Agreement and must be signed before the provider can deliver or continue to deliver NDIS-funded services in South Australia. A providers existing Master Agreement will be unaffected by the Deed Poll.

Safeguarding people with disability from abuse, harm and neglect is every disability service providers’ responsibility and is an important part of everyday practice. Similar to a provider’s Master Agreement, the Deed Poll outlines the providers’ role and responsibilities in the prevention of abuse, harm and neglect to the people who receive funded services.

iv. DSPP Approved and NDIA Registered

The following process relates to a DSPP member that is already registered with the NDIA:

A DSPP member, already registered with the NDIA, will receive a letter from DCSI accompanied by two copies of the Deed Poll.


DSPP members that wish to continue to provide NDIS supports will be required to sign both copies of the Deed Poll attesting to and for continued compliance of the quality and safeguarding arrangements through transition to full–scheme NDIS and until the new national quality and safeguarding system is implemented. The DSPP member will keep one signed copy for their records and return the other signed copy of the Deed Poll to DCSI by the required due date to continue to provide NDIS supports.

When DCSI receives a signed copy of the Deed Poll by the DSPP member, they will receive streamlined membership of the DCSI NDIS Registration Pool.

When DCSI completes registration of the Deed Poll, DCSI will notify the member and NDIA via email that the provider has received membership to the DCSI NDIS Registration Pool.

Members who are also registered with the NDIA and providing supports under the NDIS can continue to provide services until the Deed Poll is registered and membership of the Registration Pool is confirmed.

Membership on the DCSI NDIS Registration Pool will not guarantee funding through the NDIS.

If DCSI does not receive a signed copy of the Deed Poll by the required due date, this may affect their capacity to continue to provide specialist disability services in South Australia. DCSI will also advise the NDIA of the provider’s failure to comply with this requirement.

v. DSPP Approved and NOT NDIA Registered

The following process relates to a DSPP member that is not yet registered with the NDIA:

A DSPP member, not yet registered with the NDIA, will receive a letter from DCSI accompanied by two copies of the Deed Poll.

DSPP members that wish to register with the NDIA and be approved to provide NDIS supports will be required to sign both copies of the Deed Poll attesting to and for continued compliance of the quality and safeguarding arrangements through transition to full–scheme NDIS and until the new national quality and safeguarding system is implemented. The DSPP member will keep one signed copy for their records and return a signed copy of the Deed Poll to DCSI by the required due date.

When DCSI receives a signed copy of the Deed Poll by the DSPP member, they will receive streamlined membership of the DCSI NDIS Registration Pool.

When DCSI completes registration of the Deed Poll, DCSI will issue a new approval letter to providers as evidence of their membership to the DCSI NDIS Registration Pool.

It will be up to providers to seek registration with the NDIA to provide supports under the NDIS. Providers will be required to provide the updated approval letter from DCSI noting their DCSI NDIS Registration Pool membership outlining the service types, target group or groups and location/s for which they are approved to provide and.


If DCSI does not receive a signed copy of the Deed Poll by the DSPP member by the required due date, this may affect their capacity to continue to provide specialist disability services in South Australia. DCSI will also advise the NDIA of the member’s failure to comply with this requirement.

vi. Expanding service delivery

If a provider wants to expand the types of services (NDIS registration groups) and/or clients groups and/or locations of the services they offer under the NDIS and are not approved to provide these


by DCSI, they must first apply to DCSI and seek further approval to address any additional requirements through DCSI NDIS Registration Pool membership. DCSI will send an updated letter to providers to confirm new approvals. To add additional registration groups with the NDIA, providers must include the updated approval letter as part of the additional NDIA registration process.

vii. Arrangements for new service providers

The NDIS is attracting new providers including, for example, sole traders and Self-Regulating Health Professionals currently not registered under the existing state arrangements. In South Australia, all providers seeking to register with the NDIA, to provide specialist disability services to participants of the NDIS must first become a member of the DCSI NDIS Registration Pool or (for certain registration groups as listed in Appendix 1) be registered with the Australian Health Practitioner Regulation Agency.

For new providers the following arrangements are required:

Providers seeking to register with the NDIA must become a member of the DCSI NDIS Registration Pool for certain service types (as outlined in Appendix 1).


DCSI will send an approval letter to new providers as evidence of their membership to the DCSI NDIS Registration Pool and the service types, target group or groups and location/s for which they are approved to provide.

Providers need to supply evidence of DCSI NDIS Registration Pool membership to NDIA to complete registration to deliver specialist disability services through the NDIS.

For Registration purposes, the NDIA will recognise the DCSI letter as evidence of DCSI NDIS Registration Pool membership, which permits NDIS registration to provide services in South Australia for the listed registration groups. This evidence effectively streamlines the NDIS registration approval.

PITC partners must become a member of the DCSI NDIS Registration Pool as part of their contractual arrangements with the NDIA. South Australia also requires PITC partners to sign a Deed Poll for the compliance of quality and safeguarding arrangements through transition (as part of the requirements to become a member of the DCSI NDIS Registration Pool).

viii. Exemption for Nationally Registered Health Practitioners

For NDIA registration purposes, DCSI recognise health practitioners that are represented by the National Boards included in the National Registration and Accreditation Scheme (managed by the Australian Health Practitioner Regulation Agency), who are seeking to provide a service for which they are nationally registered. In this instance, sole practitioners or groups of health practitioners in consortiums that are AHPRA registered do not need to be registered on the DCSI NDIS Registration Pool prior to seeking registration with the NDIA. This does not diminish requirements under the Child Protection Act or other relevant legislation.

As part of the registration process with the NDIA, AHPRA registered health practitioners, must complete a Declaration of Suitability to be a Registered Provider. The Declaration requires the


individual or organisation to declare that it will comply with quality and safeguarding mechanisms, including a declaration that the individual or organisation and its staff have relevant qualifications.

This exemption does not apply to non-AHPRA allied health professions. All other allied health or services professionals (e.g. speech pathologists, social workers and teachers) seeking to provide services to NDIS participants, must seek approval to become a member of the DCSI NDIS Registration Pool prior to seeking registration with the NDIA.

For further clarification of the criteria for approval as a registered provider of supports, refer to the NDIS Rules – Rules for registered providers of supports and the NDIA Provider Toolkit, including Module 4 – Guide to Suitability. Please see table on page 9 for details of which registration groups require registration on the DCSI NDIS Registration Pool.

ix. Arrangements for Self-Regulating Health Professionals

Self-Regulating Health Professionals/sole traders wanting to deliver disability supports to people with disability funded through the NDIS are required to meet the same DCSI NDIS Registration Pool requirements under the arrangements for new service providers (see section for new service providers).

x. Arrangements for existing Commonwealth funded services

The Commonwealth currently manages service provider quality and safeguards through program guidelines and legally enforceable funding agreements actively managed by departmental contract managers. The detail of the quality and safeguard requirements in funding agreements may vary based on a risk assessment of the services but generally includes requirements to ensure services:

1. engage appropriately qualified staff to deliver the agreed services including meeting relevant Commonwealth arrangements and policies relating to Vulnerable Persons, Police Check and Criminal Offences;

2. are delivered in accordance with the National Standards for Disability Services under the Commonwealth Disability Services Act 1986;

3. meet relevant national standards and accreditation requirements;

4. operate in line and comply with the requirements as set out within all state and territory and Commonwealth legislation and regulations;

5. apply the highest standards of duty of care;

6. ensure service provision is effective, efficient, and appropriately targeted;

7. ensure Indigenous Australians have equal and equitable access to services;

8. have appropriate internal complaints mechanisms in place;

9. maintain adequate insurance;

10. report performance against identified performance indicators;

11. notify the Commonwealth of anything reasonably likely to affect the performance of the Activity or otherwise required under this Agreement; and

12. provide necessary verification that the grant was spent in accordance with the grant details.

Clients and service providers also have recourse to the Department of Social Services complaints handling process.


xi. Arrangements for existing Commonwealth service providers transitioning to the NDIS

Existing providers that transition to deliver their services under the NDIS will continue to be subject to the Quality and Safeguards terms of their Commonwealth funding agreements in accordance with the Terms of Business for Registered Providers for the NDIA. NDIS participants will continue to have recourse to the existing Commonwealth safeguard arrangements including:

Service provider complaints processes;

Department of Social Services complaints processes;

The Commonwealth Ombudsman;

The Australian Human Rights Commission; and

Other mainstream law enforcement and legal avenues.

Transitioning Australian Disability Enterprises (ADEs) will be required to continue to meet their obligations against their Funding Agreements while also maintaining certification under JAS-ANZ against the National Standards for Disability Services.

xii. Arrangements for existing Commonwealth funded services to expand their support offering

Existing Commonwealth funded providers that intend to expand their offer of supports to a new NDIS support cluster will need to apply directly to the NDIA for registration of expanded scope. Expansion of scope will be subject to compliance with South Australian Quality and Safeguard arrangements, including membership on the DCSI NDIS Registration Pool where applicable to deliver services not already covered by a Commonwealth service agreement. These providers will effectively become new NDIS providers for the expanded services.

xiii. Arrangements for new providers of services previously delivered by the Commonwealth during transition

New providers will be subject to compliance with the NDIA Terms of Business for registered providers and meet South Australian quality and safeguarding standards including membership of the DCSI NDIS Registration Pool where applicable. NDIS participants will have recourse to South Australian quality and safeguards as well as Commonwealth mainstream safeguards.

In addition, new employment support service providers are required to meet the National Standards for Disability Services and new ADEs will be required to maintain certification under JAS-ANZ against the National Standards for Disability Services.

xiv. Commonwealth Continuity of Support Program

During the transition to full scheme, South Australia and the Commonwealth will continue existing quality and safeguards arrangements for providers delivering services to older people with disability under the Commonwealth Continuity of Support Program, including existing approaches to the regulation of, and South Australian policies relating to restrictive practices.

Further detail about the Quality and Safeguards arrangements for the Continuity of Support Program during transition in South Australia are outlined under the administrative arrangements for Continuity of Support as referred to in Schedule D of the Bilateral Agreement between the Commonwealth and South Australia for the transition to an NDIS.


xv. Circumstances triggering revocation of NDIS registration for South Australian approved NDIS providers

The South Australian Government has responsibility for monitoring South Australian providers on the NDIS Registration Pool ongoing compliance with South Australia’s quality and safeguards arrangements. A provider may lose its status as a South Australian approved NDIS provider if the South Australian Government determines that a provider has not maintained compliance with South Australia’s quality and safeguarding requirements (this includes revocation of registration under the DCSI NDIS Registration Pool for all providers). A provider that fails to comply with South Australia's quality and safeguards requirements of DCSI Registration Pool membership poses an unreasonable risk to people with disability funded through the NDIS, and therefore will lose its status as a South Australian approved NDIS provider.

The South Australian Government will notify the NDIA in the event a provider loses membership on the DCSI Registration Pool, which will enable the NDIA to initiate action under Section 72 of the NDIS Act (2013) – revocation of NDIS registration. The notification from the South Australian Government to NDIA will include details of the reasons for the finding of non-compliance. The NDIA will advise the South Australian Government about outcomes.

Temporary suspension for non-compliance:

DCSI may become aware of a range of circumstances or issues that warrant the temporary suspension of a provider registered on the DCSI NDIS Registration Pool. For example:

a provider has serious contractual and/or performance issues; a provider is repeatedly placing a client or clients safety, health or wellbeing at risk; and systemic concerns have been identified through complaints, incidents and feedback

mechanisms.

The purpose of suspending is to:

support the safety and wellbeing of clients; and/or prompt the provider to meet their Deed obligations as a matter of priority.

DCSI, through NDIS Reform will:

determine when a temporary suspension of a NDIS provider is warranted; ensure that the decision is compliant with the relevant Deed Poll provisions; ensure that the decision is proportionate, transparent, procedurally fair and based on

evidence; effectively communicate the decision to all relevant stakeholders, including the NDIA; and work with contracted providers to remedy the issues and risks that warranted the temporary

suspension.

Providers must note that DCSI will advise the NDIA and where required the Commonwealth Government of DCSI’s decision to invoke or remove a temporary suspension of a registered member of the DCSI NDIS Registration Pool, as this may impact on the provider’s registration status with the NDIA.

xvi. Quality Assurance – Existing Arrangements


During transition, the South Australian existing statutory and administrative quality assurance and safeguards for people with disability will be maintained

The National Standards for Disability Services (NSDS) are the essential quality standards for disability services. Providers registered with the DCSI NDIS Registration Pool are required to demonstrate how they monitor compliance with the National Standards for Disability Services including duty of care and dignity of risk. As DCSI progresses any quality reform to strengthen requirements against the National Standards, requirements that apply to providers may change. The DCSI Australian Service Excellence Standards (ASES) was developed based on a number of national frameworks including the National Disability Standards and updated to incorporate the updated disability standards. Prior to the current version of Disability Standards, ASES was endorsed by the Commonwealth to be used for disability services and ASES agreed to update their standards to meet any new conditions required by the Commonwealth.

Providers on the DCSI NDIS Registration Pool must also demonstrate engagement within a formal quality management improvement program, which is applicable to the services that are funded to provide through the DCSI NDIS Registration Pool. ASES or (equivalent quality systems) is used across all of the community services sector, incorporating a number of major quality standards to streamline quality and accreditation mechanisms and reduce red tape for the community services sector. ASES accreditation requires external independent reviewers every three years. DCSI regularly monitor this through their annual performance reviews with providers. DCSI staff currently review the external review ASES report.

Providers registered with the NDIA and also registered on the DCSI NDIS Registration Pool will be required to demonstrate how they monitor compliance with the National Standards for Disability Services and have a formal quality improvement system such as the ASES or an equivalent scheme, which involves external independent review every three years. The benefit for South Australia is that in undertaking ASES also incorporates the NSDS requirements and therefore reduces the burden on the NGOs, which means organisations do not need to be accredited in NSDS separately or in addition to ASES. Checking that providers providing services to children have compliance with Child Safe Environments forms part of this quality assurance measure. This scheme utilises independent external assessors and is not reliant on DCSI staff.

In addition, there are other quality frameworks and standards relevant to the range of disability providers not currently members of the DCSI NDIS Registration Pool. These include the National Home and Community Care Standards, National Safety and Quality Health Service Standards and the National Standards for Mental Health Services.

The Health and Community Services Complaints Commissioner also has a statutory role to assist in the improvement of safety and quality in disability services in the South Australian Government, non-government and private sectors.

Consistent with existing quality frameworks, providers delivering supports under the NDIS in South Australia are encouraged to meet Certificate III in Individual Support (Disability) and/or Certificate IV in Mental Health or Diploma of Mental Health as a minimum common qualification for workers.

xvii. Health and Community Services Complaints Commissioner (HCSCC)

HCSCC is an independent statutory officer able to deal with individual complaints about, and systemic investigations into, all disability services in South Australia. The Health and Community


Services Complaints Act 2004 details HCSCC’s role in improving the safety and quality of health and community services.

The vast majority of health and community services in South Australia can be investigated by HCSCC – this includes government, private and non-government services.

An investigation by any other agency does not affect HCSCC’s powers to investigate the same or similar matters.

HCSCC can receive information about serious safety and quality issues from any person and can maintain that person’s confidentiality if requested.

The Charter of Health and Community Services Rights

All health and community services, including disability services and individual workers, are obliged to uphold Charter Rights for all clients

HCSCC can investigate individual or systemic infringements of the Charter

The Code of Conduct for Unregistered Health Practitioners (the Code)

All individuals working in public, private and non-government disability services are legally obliged to adhere to the Code.

The Code also covers masseuses, natural therapists, social workers, counsellors and similar.

Workers covered by the Code have a legal obligation to report possible breaches of the Code to HCSCC.

Investigations relating to the Code can result in HCSCC imposing legal Orders on individual workers. Orders can either place conditions on a worker or prohibit a person from working in specified roles. Orders under the Code are legally enforceable. Breaches of an Order can result in a fine of up to $10,000.00 and/or two years imprisonment.

The Health and Community Services Complaints Commissioner (HCSCC) can be contacted through the website at www.hcscc.sa.gov.au , or by phone on 82268666.

xviii. Safeguards to minimise and eliminate the use of Restrictive Practices

During the transition period providers will continue to adhere to DCSI’s Safeguarding People with Disability- Restrictive Practices Policy. The Restrictive Practices Reference Guide for the South Australian Disability Service Sector (Reference Guide) clarifies the restrictive practice requirements of disability service providers and outlines safeguarding mechanisms to eliminate opportunities for the use of restrictive practices. The Reference Guide can be found here - https://dcsi.sa.gov.au/__data/assets/pdf_file/0018/55602/restrictive-practices-reference-guide-south-australian-disability-sector.pdf.

Disability service providers, including sole traders, are required to implement safeguards in line with their organisational structures and functions, which will assist providers to improve services and meet their responsibilities outlined in the reference guide.

Disability support providers must ensure that each person in receipt of disability services has a current individual support plan in place. Individual support plans are usually undertaken by a client coordinator.

For people who have additional behaviour support needs, a positive behaviour support plan and positive behaviour support practice may also be required. By investing in developing best practice positive behaviour support (PBS) capacity within their organisations and translating this into every


https://dcsi.sa.gov.au/__data/assets/pdf_file/0018/55602/restrictive-practices-reference-guide-south-australian-disability-sector.pdf

https://dcsi.sa.gov.au/__data/assets/pdf_file/0018/55602/restrictive-practices-reference-guide-south-australian-disability-sector.pdf

day service provision, disability service providers will see a reduction in their use of restrictive practices.

Through functional behavioural assessment, a key component of PBS, the causes of a person’s behaviours of concern may be identified and addressed before any suggestion of a restrictive practice is made.

Each adult who is subject to a prescribed restrictive practice and chemical restraint will have a PBS plan (PBSP) implemented. In the case of children subject to a restrictive practice, their parents or guardians are required to consent to the use of the practice and development of the PBSP.

For all people subject to a South Australian Civil and Administrative Tribunal (SACAT) order that authorises the use of a restrictive practice, service providers are further expected to provide a PBSP to the Office of the Public Advocate (OPA).

The Positive Behaviour Support Guide for the South Australian Disability Service Sector (refer to http://dcsi.sa.gov.au/__data/assets/pdf_file/0020/55604/positive-behaviour-support-guide-south-australian-disability-sector.pdf) has been developed by the Office of the Senior Practitioner (OSP) in collaboration with South Australian disability service providers and PBS practitioners. The guide outlines key considerations for South Australian disability service providers in the review and/or initiation of PBS within their organisations.

A positive behaviour support plan provides support staff (and relevant others) with strategies designed to deliver a level of behaviour support appropriate to the individual needs of the person. If a person is displaying behaviours of concern and key stakeholders agree that it is acceptable to intervene for changing the individual’s behaviour, a Positive Behaviour Support Plan will be developed by a positive behaviour support practitioner and consented to by the person or their substitute decision maker.

A positive behaviour support practitioner in South Australia is (1) a qualified developmental educator or (2) a person with an undergraduate degree with a recognised behavioural component and completion of a recognised, accredited positive behaviour support training program and/or a minimum of two years’ positive behaviour support experience.


http://dcsi.sa.gov.au/__data/assets/pdf_file/0020/55604/positive-behaviour-support-guide-south-australian-disability-sector.pdf

http://dcsi.sa.gov.au/__data/assets/pdf_file/0020/55604/positive-behaviour-support-guide-south-australian-disability-sector.pdf

9.2 Requirements for new and existing disability providers in Queensland

9.2.1Quality and Safeguards for providers of prescribed disability services

Queensland’s existing quality and safeguard framework is a robust mix of legislative and non-legislative measures. Until the national NDIS Quality and Safeguards Framework is in place, or until 30 June 2019, whichever is sooner, Queensland’s existing quality and safeguard framework will apply to providers registering with the NDIA to deliver prescribed disability services in Queensland.

Non-legislative safeguardsThe following non-legislative safeguards apply to providers delivering prescribed disability services identified on a NDIS participant’s plan in Queensland. Providers must:

show evidence of compliance with the Queensland Human Services Quality Framework and

have, maintain, implement and act in accordance with policies consistent with the Queensland state government Abuse, Neglect and Exploitation Policy .

Queensland Human Services Quality Framework

Queensland’s Human Services Quality Framework is the quality assurance framework that applies to all providers delivering prescribed disability services identified on a NDIS participant’s plan in Queensland. Prescribed disability services are those listed in the Disability Services Regulation.

It is a system for assessing and improving the quality of human services and for promoting quality outcomes to people who access these services.

The framework was developed in collaboration with the non-government sector to ensure important safeguards are in place, while reducing duplication and red tape. It includes:

a set of Human Services Quality Standards that cover the core elements of human service delivery

an assessment process to review the performance of service providers against the standards a continuous improvement framework that supports the participation of customers in quality

improvement.

The Registration Groups for which a provider applies and the type of provider they are will determine whether a provider needs to demonstrate compliance with the standards (refer to section 9.2.2).

In Queensland compliance to the standards can be demonstrated through:

1. certification under the framework2. evidence of certification or accreditation against a set of industry standards under an

alternative quality framework3. self-assessment


Legislative safeguardsThe following legislative safeguards apply to providers delivering prescribed disability services identified on a NDIS participant’s plan in Queensland:

The Public Guardian Act regulates the Adult Community Visitor Program – a rights protection and abuse prevention service for adults with intellectual impairment who live in settings deemed as visitable sites.

The Coroners Act requires every death in care to be reported to the police or coroner, regardless of the circumstances or cause of death. The Act extends to the NDIA.

The Working with Children (Risk Management and Screening) Act requires a person who engages in paid or voluntary child-related work to have a blue card, noting that some people will qualify for an exemption. Further information on qualifying for exemption can be found at https://www.bluecard.qld.gov.au/

The Disability Services Act 2006 includes a number of important protections, including:

Criminal history screening

Providers must comply with the requirements regarding criminal history screening as outlined in the Disability Services Act 2006.

These requirements apply to engagement or appointment of new and existing sole practitioners, employees, board members, executive officers, students, volunteers, contractors and subcontractors engaged by the disability services provider.

Screening applicants will meet this requirement at their own expense.

For more information refer to https://www.communities.qld.gov.au/disability/key-projects/criminal-history-screening

Complaints management

Providers are to have clear and accessible complaints handling and dispute resolution processes that are in accordance with the Australian/New Zealand Standard Guidelines for Complaint Management in Organizations (AS/NZS 10002:2014).

Providers must advise participants that if they are not satisfied with the outcome of their complaint lodged with their provider, the participant can lodge a complaint with the Department of Communities, Child Safety and Disability Services (DCCSDS) Central Complaints Unit.

For more information: https://www.communities.qld.gov.au/gateway/about-us/compliments-and-complaints-feedback

Restrictive practices

Providers are to comply with the Disability Services Act 2006 requirements for the use of restrictive practices.

Queensland’s restrictive practices framework only applies to adults with disability who:

have an intellectual or cognitive disability require restrictive practices as part of a positive behaviour support plan; and have impaired capacity to consent to the use of restrictive practices.

This group can include adults with an acquired brain injury.

The framework aims to reduce or eliminate the need for use of restrictive practices by ensuring practices are used in a way that has regard for the human rights of those adults; is the least


restrictive way of ensuring the safety of the adult or others; maximises the opportunity for positive outcomes and; complies with the positive behaviour support plan for the adult.

For more information: https://www.communities.qld.gov.au/disability/key-projects/positive-behaviour-support

Monitoring and compliance

Authorised officers from DCCSDS will investigate any alleged breaches of the Disability Services Act 2006 by providers operating in Queensland.

The powers of authorised officers include, where appropriate, the use of search warrants and coercive powers to undertake investigations to determine whether a contravention of the legislation has occurred and the appropriate action, if any, is required.

Compliance requirements vary depending on the service being provided.


9.2.2 Registering to provide prescribed disability services in Queensland

Providers registering with the NDIA to deliver prescribed disability services that will be identified on a NDIS participant’s plan in Queensland must agree to the both the NDIA and Queensland registration requirements. Queensland requirements are as follows:

Registration Group and Provider Type

Show evidence of compliance with Queensland’s Human Services Quality Framework

Adhere to the safeguards as set out in the Disability Services Act 2006

Adhere to the safeguards as set out in other Queensland state government legislation

Have, maintain, implement and act in accordance with policies consistent with the Queensland state government Abuse, Neglect and Exploitation Policy

All providers registering to deliver prescribed disability services under section 4.4 Registration Groups. *see note one and two

Yes Yes Yes Yes

Professionals or consortiums of professionals registering to deliver a prescribed disability service solely under section 4.5 Professional Registration Groups and that directly aligns to their professional registration or certification (see section 4.8 professional qualification)

No

Note: where a professional also registers to expand their service offering and deliver services under registration group 4.4 HSQF requirements will apply

Yes

Note: Registered Health Practitioners (see definition in the DSA 2006) are exempt from criminal history screening under the DSA.

Yes Yes

Table one: requirements for registering to provide prescribed disability services with the NDIANote:

1. Assistance to Access and Maintain employment or higher education [Assist Access/Maintain Employ] and Specialist Disability Accommodation [Specialist Accom] are not prescribed disability services under Queensland’s quality and safeguards framework.

ndis.gov.au November 2017 | Provider Guide To Suitability

2. Certified Practicing Accountants (CPA) or Chartered Accountants (CA), applying to provide services under NDIS Registration Group Management of Funding for Supports [Plan Management] (0136), and Interpreters and translators applying to provide services under NDIS Registration Group Interpreting and Translation (0121) are exempt from fulfilling the requirements of Human Services Quality Framework.


Specific guidance on registration groups identified in section 4

The NDIA registration groups outlined below in Table two: Registration Groups section 4.4 - Queensland quality and safeguards are prescribed disability services. Providers registered for these registration groups are required to adhere to Queensland’s quality and safeguards (see section 4.9.2.1).

The professions named in section 4. Registration Groups are recommendations provided by the National Disability Insurance Agency. Queensland does not mandate professions for these registration groups.

Registration Group NoDevelopment of Daily Living and Life Skills [Development-Life Skills] 0117

Daily Personal Activities [Assist Personal Activities] 0107

High Intensity Daily Personal Activities [Personal Activities High] 0104


0115

Participation in community, social and civic activities [Participate Community] 0125

Group and Centre Based Activities [Group/Centre Activities] 0136

Management of Funding for Supports [Plan Management] *see note two 0127

Assistance in coordinating or managing life stages, transition and supports 0106Table two: Registration Groups section 4. - Queensland quality and safeguards

Specific guidance on registration groups identified in section 4.5

The following NDIA registration groups in section 5. Professional Registration Groups are prescribed disability services and providers are required to adhere to Queensland’s legislative safeguards (see section 4.9.2.1).

Professional Registration Group NoSpecialist Positive Behaviour Support [Behaviour Support] *providers must refer to DSA 2006 for information on who is appropriately qualified to assess an adult with an intellectual of cognitive disability; and the requirements that must be complied with when using a restrictive practice.

0110

Interpreting and Translation [Interpret/Translate] 0121

Early Intervention Supports for Early Childhood [Early Childhood Supports] 0118

Support Co-ordination [Support Co-ordination] 0132

Therapeutic Supports [Therapeutic Supports] 0128 Table three: Registration Groups under section 5. Professional Registration Groups guided by Queensland quality and safeguards


Professions and the registration groups in section 6 and 7

There are no prescribed disability services listed in the NDIA registration groups detailed at:

6. Home and vehicle modification Registration Groups

7. Assistive technology and equipment Registration Groups

9.2.3 Provider Registration Process for Queensland

To register as a provider, follow the steps outlined at: http://www.ndis.gov.au/providers/registering-provider . The supporting evidence required for disability services registration groups is as follows:


Definitions

Prescribed disability services

As prescribed by the Disability Services Regulation 2006, Schedule 1AA

Consortium In this instance, Consortium is defined as a group of Registered professionals or health practitioners who operate independently under the same company, at one or a limited number of sites

Registered Health Practitioner

Are identified as a person registered under the Health Practitioner Regulation National Law (s5)

Statement of Commitment An assurance by an organisation to include any new prescribed disability services in the scope of the next scheduled audit


9.3 Requirements for new and existing specialist disability providers in Tasmania

Note: These requirements reflect the Quality and Safeguards Working Arrangements agreed between NDIA and Tasmania in August 2016.

Until such time that the nationally consistent NDIS Quality and Safeguards Framework is implemented, all NDIS registered providers of specialist disability services in Tasmania are required to adhere to the Tasmanian Quality and Safety Framework for DHHS Funded Community Sector (Quality and Safety Framework) and all policies, procedures and requirements within it.

The Quality and Safety Framework supports providers to have systems and processes in place to deliver safe, high quality services to Tasmanian consumers.

Furthermore, Tasmania’s existing statutory safeguards for children and young people will continue to operate during the transition to full scheme. All NDIS specialist disability service providers registered in Tasmania are also required to comply with Tasmanian regulations regarding pre-employment screening, including National Criminal Checks, and must ensure ongoing compliance with Commonwealth and Tasmanian legislation, particularly those relating to quality assurance, safety standards and restrictive practices.

The Tasmanian Department of Health and Human Services (DHHS), the Commonwealth Government and the NDIA worked together to develop Quality and Safety Working Arrangements for the Transition to Full Scheme NDIS. These arrangements include detail about the Quality and Safety and Due Diligence process that providers that intend to deliver specialist disability services under the NDIS in Tasmania, must undertake.

It is highly recommended that all providers wishing to register to deliver services under the NDIS read the Quality and Safety Framework and the Quality and Safety Working Arrangements for the Transition to Full Scheme NDIS, prior to commencing the registration process.

9.3.1 Specialist Disability Supports

A completed due diligence process by DHHS is required before providers can register with the NDIA for the following specialist disability Registration Groups:

Daily Personal Activities High Intensity Daily Personal Activities Daily tasks/Shared living Participate Community Group and Centre Based Activities Development - Life Skills Plan Management Assist - Life Stage, Transition Specialised Positive Behaviour Support Early Childhood Supports Specialised Support Coordination Therapeutic Supports

The due diligence process requires providers to be assessed against the Quality and Safety Framework.

9.3.2 Due Diligence Requirements by Provider Type


http://www.dhhs.tas.gov.au/__data/assets/word_doc/0018/156222/Quality_and_Safety_Framework.docx

http://www.dhhs.tas.gov.au/__data/assets/word_doc/0018/156222/Quality_and_Safety_Framework.docx

New specialist disability providers

“New” service providers are those that are:

not currently funded by DHHS or the Commonwealth; or currently funded by DHHS or Commonwealth, but are seeking to deliver significantly different

services from those they were originally contracted to provide (i.e. currently providing population health programs and now wish to provide specialist disability services).

All new service providers seeking to operate within Tasmania must undergo the due diligence process detailed below before they:

are authorised to deliver services funded by DHHS; and/or register with the NDIA

Existing DHHS funded disability providers in Tasmania

Existing DHHS funded providers are:

providers that currently receive DHHS funding to deliver any of the services included in the specialist Registration Groups

All existing DHHS funded providers will be required to undergo the NDIAs registration process. Disability and Community Services (as part of DHHS) will determine whether or not existing providers will be required to undergo the due diligence process or are considered as already meeting the Quality and Safety requirements.

Existing Commonwealth funded disability providers

Service providers currently funded by the Commonwealth, who wish to expand their service delivery to new Registration Groups (not including employment services), will be required to undertake the due diligence process. Providers will follow the same process, as “new” specialist disability providers.

Allied health practitioners registering to deliver Therapeutic Supports Registration Group

Sole practitioners or allied health professionals in consortiums, who are:

operating as sole providers or as a small practice, and wish to register for the Therapeutic Supports Registration Group, and are registered or accredited with a recognised professional body (as described in 4.6 of the

Guide to Suitability)

are not required to undertake the due diligence process. Allied health practitioners should complete their registration with the NDIA.

Sole practitioners, including consortiums of practitioners, must comply with the Quality and Safety Framework and Tasmanian legislation, regulations and policy, and procedures, regardless of whether or not a due diligence process has been undertaken.

Allied health practitioners registering to deliver specialist disability services


Allied health practitioners who wish to register to deliver any specialist disability Registration Group will be required to undergo the due diligence process, regardless of registration with a professional body. Disability and Community Services (DCS) will determine which internal assessment pathway a provider will take based on the services they wish to deliver and any existing circumstances (e.g. funded by DHHS).

Providers wishing to deliver non-specialist disability services

Providers wishing to deliver non-specialist disability services (e.g. lawn mowing or cleaning services) do not need to undertake a due diligence process. These providers should complete their registration with the NDIA.

Providers wishing to deliver employment services

Organisations wishing to provide employment type services should apply to the NDIA directly. Commonwealth quality and safeguarding arrangements apply, including certification against the National Standards for Disability Services (NSDS) via the Human Services Scheme (part 3 (DEES)).

9.3.3 Registration Process: Evidence of Compliance with State Quality and Safeguard Arrangements

Prior to NDIA registration approval, the provider is required to supply evidence of compliance with State quality and safeguard arrangements. Providers should email the DCS State Implementation Team (SIT) at ([email protected]) to request a due diligence process. This email must include minimum information as outlined below.

Upon receipt of the minimum required information DCS will determine whether or not a provider needs to undertake the due diligence process, and will advise the provider accordingly.

Please Note: DCS will only progress applications which contain all of the following minimum required information from providers:

NDIS provider registration number Organisation/service provider name Trading name if different to provider name Entity type e.g. sole trader, incorporated association ABN City/suburb and state that is the base for the provider Profit or not for profit Contact person Contact details Registration Groups seeking to be registered for Areas of Tasmania intending to deliver services Any other states that the provider is already NDIS registered in

Providers will receive an automatic response confirming receipt of the provider’s application, however, any application which does not contain all the required information will not be progressed and the provider will not receive further communication from DCS until all minimum information is received. If providers do not receive advice within 7 business days that their request has proceeded, they should review their application to ensure all information has been included and resubmit their request if necessary.


http://www.dhhs.tas.gov.au/disability/National_Disability_Insurance_Scheme/service_provider_registration_and_expansion_of_existing_registration


Upon completion of the due diligence process, or being determined as already meeting the required standards, providers will receive a letter from DCS stating the outcome. This letter should be used by the provider as point in time evidence of compliance with the Tasmanian Quality and Safety Framework, to assist in completing their NDIA registration process.

It is also recommended that all providers wishing to register to provide specialist disability services read the following documentation prior to commencing the registration process.

Quality and Safety Working Arrangements for the Transition to Full Scheme NDIS NDIS Provider Toolkit Registration The flowchart below outlines the process from initial application for registration with NDIA to receiving supporting documentation from DCS to complete the registration process.


https://myplace.ndis.gov.au/ndisstorefront/providers/provider-toolkit.1.html

Figure 1.1 Quality and Safety and Due Diligence Process During Transition to Full Scheme NDIS in Tasmania


9.4 Requirements for specialist disability providers in Victoria

Note: These requirements reflect the Quality and Safeguards Working Arrangements agreed between NDIA and VIC in June 2016.

A prerequisite to NDIS registration to deliver supports in scope of Victoria’s Quality and Safeguards arrangements is achieving and maintaining status as a ‘Victorian approved NDIS provider’. To gain status as a Victorian approved NDIS provider, organisations must demonstrate compliance with Victoria’s Quality and Safeguards requirements as set out in this (Victorian) section of the Guide to Suitability. The Victorian Government’s approach to prescribing Quality and Safeguards requirements for NDIS registration groups is risk-based; and takes account of the context in which support is provided. Obligations for providers will depend on:

providers’ areas of specialisation and the client groups they work with (providers should refer to the heading ‘Applicable Quality and Safeguards requirements’ below); and

whether the provider is an ‘existing provider’ or a new provider (providers should refer to the headings ‘Arrangements for existing providers’ and ‘Arrangements for new providers’ below).

This section of the Guide should be read in conjunction with the Victorian Quality and Safeguards Working Arrangements for Transition (Victorian Working Arrangements) which sets out the Quality and Safeguards arrangements for transition to the NDIS in Victoria. Part 3 and Part 4 of the Victorian Working Arrangements set out the requirements and processes for providers to register under the National Disability Insurance Scheme Act 2013 (NDIS Act).

Registered NDIS providers operating in Victoria during transition to the NDIS must comply with Victorian policy requirements with respect to Quality and Safeguards. Providers should also be aware of their additional obligations under Victorian and Commonwealth legislation

9.4.1 Which Quality and Safeguards requirements apply?

The below section entitled ‘Victoria’s Quality and Safeguards requirements (by provider type)’ sets out the requirements for providers depending on the type of supports in which they specialise. Providers that are unsure of the category into which they fall will be advised of the requirements that will be applicable to them by the Victorian NDIS triage unit on application for Victorian approved NDIS provider status.

Table 1 lists the NDIS registration groups that are in scope of the Victorian requirements.

Table 2 sets out the mandatory Quality and Safeguards requirements for all Victorian approved NDIS providers.

In addition to Table 2, there are mandatory requirements specific to particular services. Providers may need to comply with one or more of the tables below for these services.

Table 3 sets out requirements for NDIS registered providers delivering services specifically for the support of persons with a disability (within the meaning of the Disability Act 2006 (Vic)).

Table 4 sets out requirements for NDIS registered providers delivering psychosocial supports to people with a mental illness or mental disorder and associated psychiatric disability

Table 5 sets out requirements for providers delivering early childhood supports (0-6 years).


Table 6 sets out requirements for existing Home and Community Care providers.

9.4.2 Arrangements for existing providers

An ‘existing provider’ means a provider that, as at 30 June 2016, was registered under the Disability Act 2006 (Disability Act) and/or had a current Service Agreement with a Victorian Government Department (for the provision of services transitioning to the NDIS).

Note: an ‘existing provider of psychosocial supports’ is defined as a provider funded by the Victorian Government to deliver one or more of the following Mental Health Community Support Services that are transitioning to the NDIS: Individualised Client Support Packages; Adult Residential Rehabilitation Services; and Supported Accommodation Services.

Existing providers are deemed to have already achieved Victorian approved NDIS provider status and will not have to undergo an additional review process in order to become a Victorian approved NDIS Provider.

Where an existing provider wishes to deliver supports during transition that it did not deliver as at 30 June 2016, it may - at the sole discretion of the relevant Victorian Government Department – be required to undergo further quality assurance processes in order to demonstrate its ability to deliver the new supports in accordance with Victorian quality and safeguards requirements.

Existing providers will be issued with a certificate by the Victorian Government detailing the NDIS registration group(s) the provider has pre-approval for (based on the services it delivered under its Service Agreement with a Victorian Government Department and/or registration under the Disability Act as at 30 June 2016).

Existing providers choosing to make an application to become a registered NDIS provider may attach this certificate to their NDIS registration as evidence of their status as a Victorian approved NDIS provider. Existing providers will be monitored for ongoing compliance with the jurisdictional requirements set out in this Guide by the Victorian Government. The Victorian Government reserves the right to refuse or revoke an existing provider’s status as a Victorian approved NDIS provider where it has concerns about the capacity of the provider to comply with Victoria’s Quality and Safeguards requirements.

9.4.3 Existing providers of Home and Community Care (HACC) Program for Younger People (HACC PYP) services

Existing providers of HACC PYP services will continue to be subject to the terms and conditions of their Service Agreement with the Department of Health and Human Services during transition to the NDIS.

Table 6: Requirements for existing HACC PYP providers will apply to these providers.

Where an existing provider of HACC PYP wishes to deliver supports during transition that it did not deliver as at 30 June 2016, it may – at the sole discretion of the relevant Victorian Government Department - be required to undergo further quality assurance processes in order to demonstrate its ability to deliver the new supports in accordance with the Victorian Quality and Safeguards standards.

If an existing provider of HACC PYP services ceases to have a Service Agreement with the Department of Health and Human Services but continues to deliver the same services funded by


the NDIS, the provider will be required to demonstrate that it meets the requirements set out in Table 2: Requirements for all Victorian approved NDIS providers and Table 6: Requirements for existing providers of HACC PYP services in order to retain their NDIS registration. Providers may also be required to undertake independent review against the Home and Community Care standards (at their own expense).

9.4.4 Registration of NDIS providers delivering supports in-scope of Victoria’s quality and safeguards

Providers wishing to register for NDIS registration groups in-scope of Victoria’s quality and safeguards must submit evidence to the NDIA that they have achieved status as a Victorian approved NDIS provider. Note that providers registering to deliver early intervention supports for early childhood must submit evidence to the NDIA that they have achieved status as either a Commonwealth or Victorian approved NDIS provider.

Victorian approved NDIS providers will be monitored for ongoing compliance with the requirements set out in this Guide. The Victorian Government reserves the right to refuse or revoke a new provider’s status as a Victorian approved NDIS provider where it considers that a provider poses an unacceptable risk to participants.

9.4.5 Removal of ‘Victorian Approved NDIS Provider’ status

A provider’s status as a Victorian approved NDIS provider may be removed if the Victorian Government determines that the provider has not maintained compliance with all Victorian Quality and Safeguards requirements relevant to the supports being delivered by the provider.

A provider delivering supports that are covered by the Disability Act 2006 (Disability Act) will lose its status as a Victorian approved NDIS provider if its registration as a ‘disability service provider’ under the Disability Act is revoked. The process for revocation of a disability service provider’s registration under the Disability Act is set out in Part 4 of the Disability Act.

A provider delivering other in-scope supports will lose its status as a Victorian approved NDIS Provider if the provider does not comply with the requirements set out in this Guide and poses an unreasonable risk to NDIS participants. The process for removal of Victorian approved NDIS provider status for such providers is as follows:

o The Victorian Government will notify the Victorian approved NDIS provider in writing of its intention to remove Victorian approved NDIS provider status. The notice will specify the decision, the reasons for the decision and the implications of the proposed decision (i.e.: that the NDIA may revoke the providers NDIS registration based on the loss of Victorian approved NDIS provider status). The provider will be given at least 14 days to provide a written response to the notice.

o Any response by the provider as to why the provider’s Victorian approved NDIS provider status should not be removed will be taken into consideration by the Victorian government in making its decision.

o The Victorian Government will notify the NDIA of its decision to remove Victorian approved NDIS provider status prior to the decision taking effect.

A provider that has lost Victorian approved NDIS provider status poses an unreasonable risk to NDIS participants and loss of Victorian approved NDIS provider status will therefore trigger the revocation of the provider’s NDIS registration in accordance with the NDIS Act


2013 and the NDIS (Registered Providers of Supports) Rules 2013 and the NDIA’s Terms of Business.

The NDIA may revoke a provider’s NDIS registration in part, if the provider is registered to provide supports in scope of Victoria's Quality and Safeguards requirements, along with other NDIS funded supports that are not in scope. The NDIA may also initiate the NDIA deregistration of a provider (in consultation with the Victorian Government) where the NDIA determines a provider poses an unreasonable risk to participants or has breached the NDIA Terms of Business.

9.4.6 Arrangements for Supported Independent Living in Specialist Disability Accommodation (SDA)

Accommodation and support in-scope of the Disability Act 2006

Support and accommodation that meets the definition of a residential service (as defined under the Act) is treated as an integrated service under the Disability Act, although accommodation and support services may be provided by a single entity or by two separate entities. Where the provision of a residential service (accommodation and support) is split between two entities, there must be an arrangement between them that makes the support provider responsible for rights and obligations under the Disability Act. The support provider’s obligations and duties under the Disability Act include the provision of accommodation that is actually provided by the accommodation provider. In this scenario, only the support provider needs to be registered under the Disability Act.

Important rights such as residential tenancy/ and occupancy arrangements are provided under the Disability Act along with other quality and safeguards such as registration and quality assurance of providers and statutory oversight of support services for people with disability.

Note: Only existing providers of integrated accommodation and supports are eligible to offer both support and accommodation as a single entity. In line with the NDIA’s expectations for a gradual separation of SDA and support services, existing providers will be required to effect a meaningful separation of these functions through contractual arrangements.

Requirements for NDIS providers of Supported Independent Living in SDA

Where Supported Independent Living is provided in SDA, and the service is a residential service as defined under the Disability Act, the support provider must be registered under the Disability Act and approved by the Victorian Department of Health and Human Services to deliver at least one of the following registration groups:

Daily Tasks/Shared Living High Intensity Daily Personal Activities Daily Personal Activities

Support providers of residential services have a range of other statutory duties, obligations and procedural requirements under the Act including:

a requirement to provide the NDIS participant with a residential statement that includes the term of the residency; the details of support; the support provider’s contact details; and the setting and increase of the residential charge;


duties including those ordinarily assigned to a ‘landlord’ (which can be undertaken by arrangement with a SDA provider) such as providing the premises in good repair and notices to vacate;

issues of access related to service provision such as personal care or implementation of a resident’s behaviour support or treatment plan; and

a requirement to have an arrangement (or agreement in place) with an accommodation provider for the delivery of accommodation and support to a participant.

Note: The NDIA’s Terms of Business for SDA: Addendum includes a requirement that there be a service agreement in place between the SDA provider and participant. The terms of this agreement must not conflict with the residential statement that must be issued by the support provider. Under the terms of their collaboration agreement (see below), SDA and support providers may choose to have the residential statement take the place of a service agreement between a SDA provider and participant.

The Victorian Government has provided sample agreements to guide SDA and support providers on the form of agreements that meet requirements of the Disability Act as follows:

Disability Accommodation Collaboration Agreement between the SDA and support provider.

Residential statement – Agreement between the participant and support provider for the provision of accommodation and support (required under the Disability Act).

These documents will be available at: http://www.vic.gov.au/ndis/getting-ready/service-providers.html

These sample agreements are examples only. SDA and support providers are advised to seek their own legal advice and draft agreements in consultation with their support provider.

A further requirement under the Disability Act is to ensure that offers of residency in SDA are in accordance with a process determined by the Secretary of the Department of Health and Human Services (Vic). This ensures placements are fair and transparent. Support providers must work with their SDA provider(s) to manage access to SDA in alignment with the Department of Health and Human Services, Offering Residency in Specialist Disability Accommodation Policy and Standards.

In addition to the requirements above, when making a formal offer for residency in SDA, and prior to the resident taking up the offer, support providers must work with their SDA provider to:

comply with fire-risk assessment requirements as outlined in the Department of Health and Human Services’ Building Code of Australia requirements for fire risk management in NDIS Specialist Disability Accommodation in Victoria – Summary guidelines;

provide details to the Department of Health and Human Services of all enrolled properties where services will be delivered (site address and description of services to be provided there); and

provide evidence to the Department of Health and Human Services that they have entered into an arrangement with a SDA provider that meets the requirements of the Disability Act.

Note: Failure to comply with these requirements may lead to loss of Victorian approved NDIS Provider Status and revocation of NDIS registration. The NDIA will regularly update the department with lists of all enrolled SDA properties and provider contact details to assist with monitoring compliance with these requirements.


Further information on requirements for registered SDA providers can be found in the Guide to Suitability for Specialist Disability Accommodation.

Prospective providers of Supported Independent Living are strongly advised to contact the Victorian Government to check requirements prior to registering with the NDIA. For further information contact [email protected]

Supported Independent Living for people with mental illness or mental disorder and associated psychiatric disability

Providers for people with mental illness or mental disorder and associated psychiatric disability are not required to be registered under the Disability Act but must be approved by the Victorian Department of Health and Human Services to deliver the registration group Daily Tasks/Shared Living, High Intensity Daily Personal Activities, or Daily Personal Activities. Providers must also meet fire risk assessment requirements as outlined in the Department of Health and Human Services’ Building Code of Australia requirements for fire risk management in NDIS Specialist Disability Accommodation in Victoria – Summary guidelines.

In addition to these requirements, existing providers of Supported Independent Living for people with psychiatric disability must meet requirements set out in the Offering Residency in Specialist Disability Accommodation Policy and Standards Victoria’s Quality and Safeguards requirements by provider type.

The requirements listed in Tables 1 to 6 in this section of the Guide will be regularly reviewed and updated and relevant policies may also be updated from time to time. All Victorian approved NDIS providers are responsible for regularly checking that they are up to date with any changes to the requirements in this Guide.

All references to ‘funded organizations’ in the policy documents listed in Tables 1 to 6 in the Victorian section of this Guide are to be read as references to Victorian approved NDIS providers.

9.4.7 Requirements for disability service providers

The requirements in this Section apply to providers specialising in services specifically for the support of persons with a disability within the meaning of the Disability Act 2006 and registering (or registered) by the NDIA to provide supports in any of the following NDIS registration groups:

Management of Funding for Supports (Plan Management) Assistance in coordinating or managing life stages, transition and supports (Life Stage,

Transition) Support Coordination Daily Personal Activities High Intensity Daily Personal Activities Specialist Positive Behaviour support (Behaviour Support) Development of Daily Living and Life Skills (Development-Life Skills) Participation in community, social and civic activities (Participate Community) Group and Centre based Activities (Group/Centre Activities) Assistance with daily life tasks in a group or shared living arrangement (Daily Tasks/Shared

Living)


Disability service providers delivering NDIS funded services under the registration groups above must comply with requirements listed in:

Table 2: Requirements for all Victorian approved NDIS providers Table 3: Requirements for disability service providers

The Victorian Government will monitor Victorian approved NDIS providers’ ongoing compliance with the requirements set out in this Guide, and in line with the Funded Organisation Performance Monitoring Framework

4.1.1.9 Requirements for providers of psychosocial supports

The requirements in this Section apply to providers specialising in delivering psychosocial supports to people with a mental illness or mental disorder and associated psychiatric disability and registered to provide any of the following NDIS registration groups:

Assistance in coordinating or managing life stages, transition and supports (Life Stage, Transition)

Support Coordination Daily Personal Activities High Intensity Daily Personal Activities Specialist Positive Behaviour support (Behaviour Support) Development of Daily Living and Life Skills (Development – Life Skills) Participation in community, social and civic activities (Participate Community) Group and Centre based Activities (Group/Centre Activities) Assistance with daily life tasks in a group or shared living arrangement (Daily Tasks/Shared

Living)

Providers of in-scope registration groups are required to comply with the requirements listed in:

Table 2: Requirements for all Victorian approved NDIS providers Table 4: Requirements for providers of psychosocial supports.

The Victorian Government will monitor Victorian approved NDIS providers’ ongoing compliance with the requirements set out in this Guide, and in line with the Funded Organisation Performance Monitoring Framework .

4.1.1.10 Requirements for providers of early intervention supports for early childhood

The requirements in this Section apply to providers registering or registered to provide the NDIS registration group:

Early Intervention Supports for Early Childhood

Providers delivering NDIS funded services under the registration group above must hold Commonwealth or Victorian approved NDIS provider status. Commonwealth approved NDIS provider status is applicable only to providers of Helping Children with Autism and Better Start programs that were registered to provide these programs prior to 1 July 2016. This group of


providers will be monitored by the Commonwealth and must comply with the relevant Commonwealth program requirements.All other providers delivering NDIS funded services under the early intervention supports for early childhood registration group must hold Victorian approved NDIS provider status and comply with the requirements listed in:

Table 2: Requirements for all Victorian approved NDIS providers Table 5: Requirements for providers of early childhood supports (0-6 years)

The Victorian Government will monitor Victorian approved NDIS provider’s ongoing compliance with the requirements set out in this Guide, and in line with the Funded Organisation Performance Monitoring Framework .

9.4.8 Requirements for existing providers of HACC-PYP services

The requirements in this Section apply to existing HACC providers registering or registered to provide the following NDIS registration groups:

Assistance in coordinating or managing life stages, transition and supports (Life Stage, Transition)

Support Coordination Daily Personal Activities High intensity Daily Personal Activities Development of Daily Living and Life Skills (Development – Life Skills) Participation in community, social and civic activities (Participate Community) Group and Centre based Activities (Group/Centre Activities)

Providers delivering NDIS funded services under the registration group above must comply with the requirements listed in:

Table 2: Requirements for all Victorian approved NDIS providers Table 6: Requirements for existing providers of HACC-PYP services

The Victorian Government will monitor Victorian approved NDIS providers’ ongoing compliance with the requirements set out in this Guide, and in line with the Funded Organisation Performance Monitoring Framework.

HACC-PYP Providers are subject to a single review process against the Home Care Standards conducted by Australian Aged Care Quality Agency (AACQA).


9.4.9 Table 1: NDIS registration groups that are in scope of Victorian requirements

National Disability Insurance Agency list of registration groups Status as a Victorian Approved NDIS provider Required?

Plan Management Yes

Accommodation/Tenancy No

Life Stage, Transition Yes

Support Co-ordination Yes

Assist Access/Maintain Employ No

Daily Tasks/Shared Living Yes

Daily Personal Activities Yes

High Intensity Daily Personal Activities Yes

Assistance with Travel/Transport arrangements No

Assistive Equipment for-Recreation No

Hearing Equipment No

Assistive Products for Household Tasks No

Assist Products for Personal Care and Safety No

Vision Equipment No

Hearing Equipment No

Specialised Hearing Services No

Specialist Positive Behaviour support Yes

Communications & Information Equipment No

Community Nursing Care No

Development-Life Skills Yes

Early Intervention Supports for Early Childhood Yes

Home Modification Design and Construction No

Household tasks No

Interpreting and Translation No

Participate Community Yes

Group/Centre Activities Yes

Personal Mobility Equipment No

Custom Prosthetics No

Exercise Physiology & Personal Well-being Activities No

Therapeutic Supports No

Specialist Disability Accommodation (Specialist Accom) No

Specialised Driver Training No

Specialised Supported Employment No

Vehicle modifications No

Assistance Animals No

Innovative Community Participation No


9.4.10 Table 2: Requirements for all Victorian approved NDIS providers

Compliance with the requirements in Table 2 is mandatory for all Vic approved NDIS providers.

Legislation policies and guidelines LocationVictorian approved NDIS providers must ensure that services are provided in compliance with all applicable Victorian and Australian Laws. This may include, but is not limited to: Disability Act 2006 (Vic) Mental Health Act 2014 (Vic) Children, Youth and Families Act 2005

(Vic) Charter of Human Rights and

Responsibilities Act 2006 (Vic) Privacy and Data Protection Act 2014

(Vic) Health Records Act 2001 (Vic) Public Records Act 1973 (Vic), including

applicable standards established by the Keeper of Public Records (Public Record Office Victoria)

Associations Incorporation Reform Act 2012 (Vic)

The Australian Consumer Law (Cth) Corporations Act 2001 (Cth) National Disability Insurance Scheme

Act 2013 (Cth)

Victorian Statute Book

http://www.legislation.vic.gov.au/

Victorian Charter of Human Rights and Responsibilities –[ policies and guidelines supporting implementation of the Act]

http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/4.departmental-policies-procedures-and-initiatives/4.9-victorian-charter-of-human-rights-and-responsibilities

Carers Recognition Act http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/4.departmental-policies-procedures-and-initiatives/4.23-carers-recognition-act

Privacy, data protection and protected disclosures

http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/3.-terms-and-conditions/3.17-privacy-data-protection-and-protected-disclosures

Funded Organisation Performance Monitoring framework.

http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/4.departmental-policies-procedures-and-initiatives/4.10-funded-organisation-performance-monitoring-framework


Legislation policies and guidelines LocationRecordkeeping obligations detailed in the Service Agreement Information Kit of Funded Organisations (3.6.2).

http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/3.-terms-and-conditions/3.6-recordkeeping/3.6.2-recordkeeping

Assignment and subcontracting http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/3.-terms-and-conditions/3.10-assignment-and-subcontracting


9.4.11 Table 3: Requirements for disability service providers

Legislation, Standards, policies and guidelines

Location

Registration under the Disability Act 2006 (Vic)Disability service providers must obtain registration under the Disability Act 2006 as a pre-requisite for NDIS registration. Providers must apply for registration on the approved form; and complete a self-assessment against the gazetted Victorian Department of Human Services Standards. Providers must attain accreditation, at the provider’s own expense, against the Human Services Standards with an independent review body within 12 months of registration under the Disability Act 2006 and are subject to independent review once in every three-year period. Independent review must be undertaken at the provider’s own expense by an independent review body that is endorsed by the Victorian Government. Providers must operate in accordance with the Disability Act 2006 including obligations with respect to complaints, Community Visitors and restrictive interventions. Where a disability service provider has its registration under the Disability Act 2006 revoked for any reason this will also mean loss of status as a Victorian approved NDIS provider for services in scope of the Act.

The process for registration under the Disability Act 2006 is set out in:Policy, procedures and forms for the registration of disability service providers registered/registering with the National Disability Insurance Agency (Registration Policy) Information on the Human Services Standards and the process for self-assessment is set out in:Human Services Standards policyThere is a list of review bodies endorsed by the Victorian Government to accredit and assess compliance against the Human Services Standards.http://www.dhs.vic.gov.au/for-service-providers/disability/service-Quality-and-improvement/disability-act-2006-for-service-providerSenior Practitioner-Disability- Resources and guideshttp://www.dhs.vic.gov.au/for-service-providers/disability/service-Quality-and-improvement/disability-act-2006-for-service-provider/Restrictive-interventions-and-compulsory-treatment/related-resources-holder8/restrictive-intervention-data-system-ebehaviour-support-plan

Policy, procedures and forms for the registration of disability service providers registered/registering with the National Disability Insurance Agency(Registration Policy)

http://www.dhs.vic.gov.au/about-the-department/documents-and-resources/policies,-guidelines-and-legislation/national-disability-insurance-agency-disability-service-providers

Human Services Standards policy http://www.dhs.vic.gov.au/about-the-department/documents-and-resources/policies,-guidelines-and-legislation/human-services-standards

Critical incident management and reporting http://www.dhs.vic.gov.au/funded-agency-channel/about-service-agreements/incident-reporting/human-services



Location

Responding to allegations of physical or sexual assault

http://www.dhs.vic.gov.au/funded-agency-channel/about-service-agreements/incident-reporting/human-services

Staff Safety screening http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/4.departmental-policies-procedures-and-initiatives/4.6-safety-screening-for-funded-organisations

Emergency preparedness policy http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/4.departmental-policies-procedures-and-initiatives/4.19-emergency-preparedness-policy-for-clients-and-services

Complaints management policy http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/4.departmental-policies-procedures-and-initiatives/4.5-complaints-management

Vulnerable people in emergencies http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/4.departmental-policies-procedures-and-initiatives/4.18-vulnerable-people-in-emergencies

Child Safe Standards http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/4.departmental-policies-procedures-and-initiatives/4.25-child-safe-standards

Offering Residency in Specialist Disability Accommodation Policy and Standards – Policy and Standards

http://www.vic.gov.au/ndis/getting-ready/service-providers.html

Building Code of Australia requirements for fire risk management in NDIS Specialist Disability Accommodation in Victoria - Summary guidelines

Will be available at:


Reportable Conduct Scheme http://www.dhs.vic.gov.au/about-the-department/plans,-programs-and-projects/projects-and-initiatives/children,-youth-and-family-services/creating-child-safe-organisations

9.4.12


9.4.13 Table 4: Requirements for providers of psychosocial supports


Location

Existing providers are encouraged to be accredited against the National Standards for Mental Health Services 2010, however this is not mandatory. Existing providers may choose to be independently reviewed and accredited against these Standards, at their own expense and discretion, by an independent review body. Note: An ‘existing provider of psychosocial supports’ is defined as a provider funded to deliver a Victorian Government funded Mental Health Community Support Services program that is transitioning to the NDIS, namely: Individualised Client Support Packages; Adult Residential Rehabilitation; and Supported Accommodation Services. Providers of all other state funded Mental Health Community Support Services are regarded as ‘new providers’ for the purposes of registration as a Victorian approved NDIS provider.

New providers applying for NDIS registration for in-scope registration groups for people with a mental illness or mental disorder and associated psychiatric disability will be given Victorian approved NDIS provider status if they are accredited against at least one of the following standards: National Standards for Mental Health

Services 2010 Human Services Standards Australian Service Excellence Standards National Standards for Disability Services Evaluation and Quality Improvement

Program Standards ISO 9001:2008 quality management

system National Safety and Quality in Health

Services Standards Quality Improvement Council Health and

Community Services Standards.

The provider must be accredited against at least one of these standards by an independent body that is certified by the: International Society for Quality in Health

National Standards for Mental Health Services:

http://www.health.gov.au/internet/main/publishing.nsf/content/mental-pubs-n-servst10

Human Services Standards Policy:

http://www.dhs.vic.gov.au/about-the-department/documents-and-resources/policies,-guidelines-and-legislation/human-services-standards



Location

Care; or Joint Accreditation System of Australia

and New Zealand.

Providers accredited against one or more of the above standards - other than the National Standards for Mental Health Services - must also obtain accreditation against the National Standards for Mental Health Services. The provider must (at their own expense) be independently reviewed by an appropriately certified review body against the National Standards for Mental Health Services within 12 months of obtaining Victorian approved NDIS provider status. In order to maintain Victorian approved NDIS provider status the provider must achieve accreditation. Evidence of accreditation including the final assessment report and a certificate of accreditation must be provided to the department. Comply with obligations for mental health service providers under the Mental Health Act 2014, including the requirement to have regard to the principles in the Act, obligations in regard to reportable deaths, to establish procedures for managing and resolving complaints report to the Mental Health Complaints Commission on the number and outcomes of complaints received.

https://www2.health.vic.gov.au/mental-health/practice-and-service-Quality/mental-health-act-2014

Critical incident reporting policy and instruction (Health)

http://www.dhs.vic.gov.au/funded-agency-channel/about-service-agreements/incident-reporting

Responding to Allegations of physical or sexual assault

http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/4.departmental-policies-procedures-and-initiatives/4.4-responding-to-allegations-of-physical-or-sexual-assault


Victorian Framework for Recovery-Oriented Practice (Victorian Department of Health, 2011)

https://www2.health.vic.gov.au/mental-health/practice-and-service-quality/service-quality/recovery-oriented-practice-in-mental-health



Location

Mental Health Statement of Rights and Responsibilities (2012), Australian Health Ministers Advisory Council (Commonwealth of Australia 2012)

http://www.health.gov.au/internet/main/publishing.nsf/Content/mental-pubs-m-rights2

Victorian Quality Improvement Framework for Health Care 2013-2022 (Victorian Department of Health)

http://www.health.vic.gov.au/divisions/chi/framework-healthcare.htm

Cultural responsiveness framework: guidelines for Victorian Health Services 2010-2013 or update version (Victorian Department of Health 2009)

https://www2.health.vic.gov.au/about/publications/policiesandguidelines/Cultural%20responsiveness%20framework%20-%20Guidelines%20for%20Victorian%20health%20services


Child Safe Standards http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/4.departmental-policies-procedures-and-initiatives/4.25-child-safe-standards

Offering Residency in Specialist Disability Accommodation Policy – Policy and Standards


Building Code of Australia requirements for fire risk management in NDIS Specialist Disability Accommodation in Victoria - Summary guidelines

Will be available at:



9.4.14 Table 5: Requirements for providers of early intervention supports for early childhood (0-6 years)


Location

Providers wishing to register to provide the registration group Early Intervention Supports for Early Childhood (formerly Early Childhood Supports) are required to complete a self-assessment against the Victorian Early Childhood Intervention (ECI)Standards 2016 demonstrating the provider’s suitability and compliance with the ECI Standards.

To maintain Victorian Approved NDIS Provider status, providers of early intervention supports for early childhood are required to undertake an independent review verifying their compliance with the Victorian ECI Standards. Independent review must be undertaken within 18 months of gaining approval status using an independent review body endorsed by the Victorian Government, at the provider’s expense.

The process for providers to complete self-assessment against the Early Childhood Intervention Standards is set out in:

Procedures and Forms for NDIS Early Childhood Supports Providers Operating in Victoria

(http://www.education.vic.gov.au/childhood/providers/needs/Pages/ecisframework.aspx )

Providers must comply with any performance standards made under the Education and Care Service National Law Act 2010 (Vic) where relevant to provider operating model.

Providers must comply with the Child Safe Standards

http://www.dhs.vic.gov.au/about-the-department/documents-and-resources/policies,-guidelines-and-legislation/child-safe-standards

Quality of service delivery http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/3.-terms-and-conditions/3.3-service-delivery/3.3.1-Quality-of-service-delivery

Responding to Allegations of physical or sexual assault



Conducting research in early childhood settings and schools

http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/4.departmental-policies-



Location

procedures-and-initiatives/4.20-conducting-research-in-early-childhood-settings-and-schools

Complaints management (as amended from time to time) Complaints Management Policy and Complaints

Information is available on the Department of Education and Training website - ECIS Publications section:http://www.education.vic.gov.au/childhood/providers/needs/Pages/ecispublications.aspx#link19

Incident Reporting Guidance for ECIS Providers (as amended from time to time) Incident Reporting Guidance for ECIS and Incident

Report Form for ECIS are available on the Department of Education and Training website - ECIS Publications section : http://www.education.vic.gov.au/childhood/providers/needs/Pages/ecispublications.aspx#link19

EC Programs and Services Guide (as amended from time to time)

http://www.education.vic.gov.au/childhood/providers/funding/Pages/devgroupprogguide.aspx

ECIS Guide (as amended from time to time) http://www.education.vic.gov.au/childhood/providers/needs/Pages/ecispublications.aspx

Procedures and Forms for NDIS Early Childhood Supports Providers in Victoria (as amended from time to time)

The process for providers to complete self-assessment against the Early Childhood Intervention Standards is set out in: Procedures and Forms for NDIS Early Childhood Supports Providers in Victoria (http://www.education.vic.gov.au/childhood/providers/needs/Pages/ecisframework.aspx

9.4.15 Table 6: Requirements for existing HACC-PYP providers


Location

Providers of HACC-PYP services must comply with and be reviewed against the Home Care Common Standards Providers are subject to a single review process against the Home Care Standards conducted by Australian Aged Care Quality

https://www.aacqa.gov.au/for-providers/home-care



Location

Agency (AACQA).Responding to Allegations of physical or sexual assault


Critical incident management instruction (health)

http://www.dhs.vic.gov.au/funded-agency-channel/about-service-agreements/incident-reporting



Complaints management policy http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/4.departmental-policies-procedures-and-initiatives/4.5-complaints-management

Occupational health and Safety http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/4.departmental-policies-procedures-and-initiatives/4.7-occupational-health-and-safety

Workcover http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/4.departmental-policies-procedures-and-initiatives/4.8-workcover

Pandemic business continuity planning Http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/4.departmental-policies-procedures-and-initiatives/4.11-pandemic-business-continuity-planning



9.5 Requirements for new specialist disability providers in ACT

9.5.1 Specialist Disability Services

Safeguards and quality assurance frameworks that currently exist to protect people in the ACT sit under the ACT Disability Services Act 1991 and related instruments. This Act applies to all specialist disability service providers in the ACT regardless of whether they are an NDIS provider.

The Human Services Registrar (HSR) is responsible for administering the Disability Services Act 1991 and related instruments. It also regulates the sector to ensure compliance with standards established under law.Specialist Disability Service Providers have mandated ongoing reporting obligations to the HSR, these include:

Critical incidents/complaints - report the circumstances of a risk where the provider has reasonable grounds to believe there is serious risk to the life, health or safety of a person with a disability to whom the provider is providing a specialist disability service. Targeted compliance reviews may occur in response to complaints or critical incidents.

Disclosure of: an investigation of the provider; arbitration, litigation or other adjudicative proceeding that could have an adverse impact on the provider’s capacity to comply with the standards.

Changes to governance structure – any material change or proposed change to the constitution and rules or

memorandum and articles of association; any change in their chair of the board, public officer, chief executive or any

equivalent positions or executive management; their intention to obtain an exemption from compliance with any law of the

Territory that applies to the provider, including under the Discrimination Act 1991 (ACT); and

any circumstance that could adversely affect their financial capacity to deliver specialist disability services.

9.5.2 NDIS Quality and Safeguards Agreement

Under agreement with the federal government, pending the development of and transition to a nationally consistent quality and safeguarding approach under the NDIS, existing jurisdictional safeguards will be maintained. In the ACT these safeguards include:

Ensuring that people working or volunteering with vulnerable people are registered with the Office of Regulatory Services under the Working with Vulnerable People (Background Checking) Act 2011. People working in disability services need to be registered.

Specialist Disability Service providers need to provide support within a Standards framework. Relevant standards include, but are not limited to: National Disability Service Standards; Home Care Standards; National Standards for Mental Health Services; Disability Standards for Education; and Disability Advocacy Standards.

Assessment of providers against the safeguards is conducted by the HSR. For more information on

safeguards and quality assurance in regard to the NDIS, please click here.

For inquiries please email [email protected] or call (02) 6207 5474.

Both new and existing registered providers wishing to register for new groups must apply to the Human Services Registrar for assessment against the ACT’s quality and safeguards requirements by contacting [email protected] or Phone: 02 6207 5474 The NDIA will await advice from the ACT as to whether to finalise registration of an organisation.



http://www.communityservices.act.gov.au/disability_act/national_disability_insurance_scheme/safeguards-and-quality

Whether or not they are registered with the NDIA, Specialist Disability Service providers are required to comply with:

The Disability Services Act 1991 and subordinate instruments; and The Disability Services Regulation 2014 provides the necessary legislative authority.The definition of Specialist Disability Service under the Disability Services Act 1991 and the applicable standards are also available.

9.5.3 Assessment

Once providers have contacted the Human Services Registrar, they will be advised of what specific evidence is required. Following receipt of all information and assessment, advice will be provided to the NDIA and you regarding registration of your organisation for the requested registration groups.

The length of time for an assessment can be up to 4 weeks, as long as all information sought is provided in a timely way. Failure to provide information will delay the assessment.

In assessing compliance with quality and safeguards for specialist disability services, the ACT Government needs evidence that supports the existence and use of key organisational safeguards. The regulatory approach is proportionate to risk. Suitable evidence will be in keeping with your organisation type, size and structure and the services to be delivered. A service delivering personal care to clients with high and complex needs would be considered to be engaged with far more risk than a service delivering art therapy. The evidence provided will need to demonstrate that the organisation has identified possible risks and developed management strategies to eliminate or minimise them. So for example, a small business would not be expected to have extensive staff manuals, management systems and governance documents like those expected of an organisation with a Board and constitution etc, but would be expected to document how the internal control structure works. In many cases a policy statement will suffice.

In assessing your application, the Office of the Human Services Registrar looks at organisational documents for information/ evidence about how the organisation meets the applicable standards, this could include evidence of:

Self-assessment, external accreditation or a statement describing how you meet the standards.

Governance and management structures and business (including financial) planning

Staff qualifications and recruitment practices

Current working with vulnerable people checks

A copy of your organisational Child Safety policy detailing

Information and policies regarding organisational risk management, complaints/feedback processes, human resource processes


o Reporting requirements for the purposes of the Children and Young People Act 2008;

o Training available to help staff for the purposes of the Children and Young People Act 2008; and

o Avenues of assistance that staff can access to help them to comply with the Children and Young People Act 2008

http://www.legislation.act.gov.au/a/1991-98/di.asp

http://www.legislation.act.gov.au/a/1991-98/di.asp

http://www.legislation.act.gov.au/sl/2014-12/default.asp

http://www.legislation.act.gov.au/a/1991-98/default.asp

For further information or if you have any questions, please don’t hesitate to contact [email protected] or phone: 02 6207 5474

o



9.6 Requirements for specialist disability providers in New South Wales

Note: These requirements reflect the NSW Transitional Quality Assurance and Safeguards Working Arrangements agreed between the NSW Government, Commonwealth Government and the National Disability Insurance Agency (NDIA) in June 2016 and updated in May 2017.

The NDIA has worked with the Commonwealth and New South Wales Governments to ensure that the existing quality assurance standards and safeguards in New South Wales are available to NDIS participants in transition.The NSW Transitional Quality Assurance and Safeguards Working Arrangements outline the quality and safeguards requirements for service providers who wish to register to provide disability supports in NSW.

In NSW disability supports are separated into two categories, based on NDIS Registration Groups. These are outlined in Appendix 2 Parts A and B of the NSW Transitional Quality Assurance and Safeguards Working Arrangements.

For registration groups listed in Appendix 2 Part A, a provider must meet the criteria outlined Appendix 2 Part A for the relevant supports, agree to NDIA Terms of Business and meet the criteria prescribed in the NDIA Rules for Registered Providers.

For registration group listed in Appendix 2 Part B - Specialist Disability Registration Groups: in addition to the above requirements, a provider is required to submit evidence of Third Party Verification (TPV) against the NSW Disability Services Standards or certification against one of the relevant comparable standards, these include: the National Standards for Disability Services; Attendant Care Industry Standards; Home Care Standards; Victorian Department of Human Services Standards and Queensland Human Services Quality Framework.

The arrangements for specialist disability providers in New South Wales are detailed in the sections below and summarised in the following flow chart on page 81.

More information can be found in the NSW Transitional Quality Assurance and Safeguards Working Arrangements at https://myplace.ndis.gov.au/ndisstorefront/providers/nsw-registering-provider.html .


Registering to provide NDIS Services in NSW

In order to become a registered provider under the National Disability Insurance Scheme (NDIS) during the transition period, a provider must:

complete the PRODA authentication process and obtain a myplace account submit an intent to register with the NDIA via myplace select the registration groups to register for read and sign the Declaration of Suitability provide supporting evidence and documentation.

Further information about the registration process can be found on the NDIS provider registration page

Evidence required for Specialist Disability Support providers

As part of the registration process in NSW, specialist disability support providers are required to provide evidence that they satisfy the quality assurance requirements described in Appendix 2 – Part B of the NSW Transitional Quality Assurance and Safeguards Working Arrangements.

Providers must have a quality management system in place and comply with the NSW Disability Service Standards or comparable standards and have their compliance verified or certified by a third party verifier.

Comparable standards include the National Standards for Disability Services, Attendant Care Industry Standards, Home Care Standards, Victorian Department of Human Services Standards and the Queensland Human Services Quality Framework.

Third party verifiers or certifying bodies for NSW Disability Service Standards and any comparable standards must be accredited either by the Joint Accreditation System of Australia and New Zealand (JAS-ANZ) http://www.jas-anz.org/ or the International Society for Quality in Health Care (ISQua) http://isqua.org/.

National Disability Services (NSW) holds a list of third party verification bodies who can conduct TPV against the NSW Disability Service Standards at http://www.idfnsw.org.au/adhc-quality-requirements-resource-and-tpv-list.

NB: The NSW Department of Family and Community Services (FACS) cannot undertake or approve a service provider’s TPV against the NSW Disability Service Standards or certification against one of the comparable standards.

A provider is responsible for undertaking the necessary arrangements to ensure they can provide this evidence to the NDIA as part of the registration process.

The NDIA will not register a provider of specialist disability supports until evidence of TPV against the NSW Disability Service Standards or a current certification against a comparable standard has been uploaded to the NDIS Provider Portal.

Further information and resources to assist providers comply with the NSW Disability Service Standards and achieve third party verification (TPV) can be found at http://www.adhc.nsw.gov.au/sp/quality and http://www.idfnsw.org.au/adhc-quality-requirements-resource-and-tpv-list.


Registration of existing ADHC funded providers

Providers operating under an existing FACS-ADHC Funding Agreement will be automatically recognised by the NDIA as complying with the NSW Transitional Quality Assurance and Safeguards Working Arrangements.

All existing ADHC funded providers will need to:

complete the National Disability Insurance Agency (NDIA) provider registration process agree to the Terms of Business for Registered Support Providers and Declaration of

SuitabilityFACS-ADHC will provide a status report on provider TPV compliance to the NDIA following the formal Quality Framework Reporting (QFR) periods.

FACS-ADHC funded providers are required to continue to comply with the terms of their Funding Agreement throughout the transition period (even if funding ceases in whole or part during the Agreement term) including all relevant legislation, operational policies and guidelines.

This includes continuing to report on the achievement of third party verification (TPV) status through Quality Framework Reporting (QFR).

Existing ADHC funded service providers who wish to expand their service offering will apply directly to the NDIA for registration of additional Registration Groups. Providers must include any new specialist disability supports in the scope of their next scheduled TPV audit if this is due before 30 June 2018.

Note: Delivering supports to people in a group or shared living arrangement requires a level of expertise and experience on the part of the provider. For this reason, during transition, providers can only deliver this registration group if they are an existing provider of accommodation supports and provide a similar service in another jurisdiction or sector and attain independent TPV specifically covering this type of support.

The NDIA and the NSW Government are working together to ensure that all existing service providers are registered as quickly as possible.

Registration of existing Commonwealth funded providers

Existing providers that transition to deliver their services under the NDIS in NSW will continue to be subject to the quality and safeguards terms of their Commonwealth funding agreements in accordance with the Terms of Business for Registered Providers for the NDIA. Transitioning Australian Disability Enterprises will be required to continue to meet their obligations against their Funding Agreements while also maintaining certification under JAS-ANZ against the National Standards for Disability Services.

Registration of existing Commonwealth funded providers seeking to expand services during transition

Current Commonwealth funded providers that intend to expand their offer of supports to a new NDIS registration group (or groups) in NSW will need to apply directly to the NDIA for registration of expanded scope.


Expansion of scope will be subject to compliance with NSW Transitional Quality Assurance and Safeguards Working Arrangements, including verification of capacity to deliver services not already covered by a Commonwealth Funding Agreement.

Registration of new providers with experience providing disability supports

Providers that are not currently operating under a NSW Department of Family and Community Services (FACS) – Ageing and Disability Home Care (ADHC) Funding Agreement or a recognised Commonwealth administered program, who wish to provide specialist disability supports in NSW, will need to provide evidence of third party verification (TPV) against the NSW Disability Services Standards or certification against one of the comparable standards.

The NSW Government and the NDIA take quality assurance and safeguards very seriously. Due to the different levels of risk associated with the delivery of specialist disability supports, compliance with the NSW Disability Service Standards or one of the comparable standards is essential to protect and promote the interests of NDIS participants.

The NDIA will not register a provider of specialist disability supports until evidence of TPV against the NSW Disability Service Standards or current certification against a comparable standard has been uploaded to the NDIS myplace portal.

All providers are responsible for undertaking the necessary arrangements to ensure that they can provide this evidence to the NDIA as part of the NDIS registration process.


Registration of new providers with no experience providing specialist disability support

A new provider that has no experience or track record in the delivery of a specialist disability support, or experience providing a similar service in an adjacent sector+ will not be able to demonstrate the requirements necessary to achieve third party verification against the NSW Disability Service Standards or National Standards for Disability Services.

During transition, new providers without relevant experience in the delivery of specialist disability supports are able to register to provide the supports outlined in Appendix 2 – Part A of NSW Transitional Quality Assurance and Safeguards Working Arrangements and build their experience in delivering disability supports. To register to deliver these supports a provider must:

meet the relevant criteria outlined in Appendix 2 – Part A agree to the NDIS Rules – Rules For Registered Providers of Supports and the NDIA Terms

of Business read and agree to the NSW Quality Assurance and Safeguards Transitional Working

Arrangements.

+Note: New providers with experience in adjacent sectors such as mental health, aged care, out of home care, health, community services or community housing can refer to the ADHC Systems Recognition Tool to see the extent to which their existing accreditation and systems meet the NSW Disability Service Standards. TPV will ensure any gaps have been met, and consumer involvement can be drawn from the adjacent services where similar type services have been provided.

Registration of new specialist positive behaviour support providers

New providers registering to deliver positive behaviour support are required to:

achieve TPV against the NSW Disability Service Standards or certification against a comparable standard, including compliance with the NSW Behaviour Support Policy

agree to and sign the Positive Behaviour Support Provider Declaration Statement which attests to being able to demonstrate compliance with the defined criteria regarding the qualifications and experience required to deliver behaviour support in NSW

submit the above evidence as part of the NDIS registration process.For more information on requirements for behaviour support providers refer to Appendix 2 Part B of the NSW Transitional Quality Assurance and Safeguards Working Arrangements.

Registration of sole allied health professional or small consortia who wish to provide Early Childhood Intervention Supports

Allied health professionals practising as a sole practitioner or as independent allied health practitioners in a small allied health consortia (up to a maximum of four practitioners) registering to deliver early intervention support for early childhood only, may be exempt from TPV requirements. To be eligible for the exemption allied health professionals must:

hold a relevant allied health qualification to practise in NSW a minimum of 2 years practice experience in the provision of therapeutic support to children

aged 0-6 years hold a relevant professional registration or professional association membership required to

practice in NSW.


To obtain the exemption, an allied health professional must sign and submit an Allied Health Professional Declaration Statement and submit this as part of the NDIS registration process https://www.ndis.gov.au/providers/nsw-registering-provider.html.


https://www.ndis.gov.au/providers/nsw-registering-provider.html

Flow Chart - NDIA registration process and evidence requirements in NSW


Appendix 1: Requirements for providers of disability supports

Existing ADHC funded and new providers of specialist disability supports as identified at Appendix 2 Part B must provide services that comply with:

The Disability Inclusion Act 2014 (NSW) and Disability Inclusion Regulation 2014 (NSW), All other relevant laws of NSW and Australia, Applicable codes of conduct, professional standards or quality assurance standards, Applicable policies, procedures and guidelines from ADHC and other relevant agencies, and NSW Disability Services Standards (NSW DSS) or relevant comparable standards.

Comparable standards include National Standards for Disability Services, Attendant Care Industry Standards, Home Care Standards, Victorian Department of Human Services Standards and Queensland Human Services Quality Framework.

PerformancePolicy Quality Policy for ADHC funded servicesBrief description NSW Quality Framework for Disability Services is built on the National Quality

Framework for Disability Services in Australia and based on the NSW DSS, which align with the proposed revised National Standards for Disability Services.All providers must:

Comply with the ADHC Quality Framework Policy, Have a quality management system in place, and Have their compliance with the NSW DSS verified through an independent

third party.

Who the policy applies to

Existing ADHC funded providers and new disability support providers

URL http://www.adhc.nsw.gov.au/__data/assets/file/0011/256835/Quality_Policy_for_ADHC_funded_services.pdf

Guidelines NSW Disability Services Standards and Standards in Action Manual

Brief description The NSW DSS form the basis of ADHC's quality requirements and have been updated to reflect contemporary practices that place people with disability at the centre of decision making and choice about their supports and services. The NSW DSS have been streamlined and align to the proposed revised National Standards for Disability Services.Where an organisation has attained third party verification against the NSW DSS, they will be deemed to meet the requirements of the proposed revised National Standards for Disability Services.

Who the guidelines apply to


URL http://www.adhc.nsw.gov.au/sp/quality/standards_in_action


GovernancePolicy Governance policy for FACS funded disability service providersBrief description Outlines the governance requirements appropriate to the size of an organisation

to ensure sustainability, viability, efficiency and productivity



URL http://www.adhc.nsw.gov.au/__data/assets/file/0009/256833/Governance-policy-for-FACS-funded-disability-service-providers.pdf

Policy Sub-contracting and brokerage policy for FACS funded disability service providers

Brief description Outlines requirements for commissioning third party providers through sub-contracting and brokerage, including:

Definitions of ‘brokerage’ and sub-contracting’, Requirements for commissioning third party providers, and Mechanisms that funded disability service providers should use to

adequately manage those arrangements in the context of their own obligations.



URL http://www.adhc.nsw.gov.au/__data/assets/file/0004/256837/Sub-contracting-and-brokerage-policy-for-FACS-funded-disability-service-providers.pdf

School EducationPolicy School supportsBrief description All NDIA registered providers must comply with any applicable policy and

guideline as advised by the relevant school, including preschool, about the provision of support to a student while at school. NSW Public Schools has developed a framework for principals to guide their interactions with external service providers, including those funded through the NDIS



URL Relevant NSW Public School or preschool principal to advise existing ADHC funded providers and new disability support providers.


Probity in EmploymentPolicy Probity in Employment Policy for FACS funded disability service providers

Brief description Designed to promote a strong culture of probity in employment of persons (paid or unpaid) involved in delivering services and supports to people with disability.

Confirms the major obligations under the Disability Inclusion Act 2014:o To ensure that appropriate probity checking is carried out on

individuals involved in the provision of disability supports and services,o A prohibition on the employment or engagement of individuals who

have been convicted of certain offences,o A requirement to repeat criminal records checks every four years.

Provides additional guidance and information on probity checking.



URL http://www.adhc.nsw.gov.au/__data/assets/file/002 0 /241355/Probity-in-Employment- Policy-for-FACS-funded-disability-service-providers.pdf

Disability Reportable Incidents SchemeGuidelines Disability Reportable Incidents SchemeBrief description Service providers of disability supported group accommodation and centre based

respite are required to notify the NSW Ombudsman of ‘reportable incidents’ involving people with disability. Service providers must report the following incidents to the NSW Ombudsman:1. Employee to client incidents of sexual assault, sexual misconduct, assault,

fraud, ill-treatment or neglect,2. Client to client incidents of sexual, physical assault (causing serious injury

or involving the use of a weapon), or that forms a pattern of abuse,3. Contravention of an AVO taken out to protect a person with disability,4. Unexplained serious injury of a person with disability.Notification forms and fact sheets are available on the NSW Ombudsman website.



URL http://www.ombo.nsw.gov.au/what-we-do/our-work/community-and-disability-services / part-3c-reportable-incidents


DeathLegislation Community Services (Complaints, Reviews and Monitoring) Act 1993 Part 6

- Reviewable DeathsBrief description Service providers must report information about the deaths of children and adults

with disability who, at the time of their death, were living in, or temporarily absent from, residential care provided by a service provider, or an assisted boarding house, to the NSW Ombudsman.

Who the legislation applies to

Existing ADHC funded residential care providers and new disability support residential care providers

URL https://www.ombo.nsw.gov.au/what-we-do/our-work/community-and-disability-services/reviewable - deaths

Policy Death ProceduresBrief description The ADHC Death Procedures embody the principles of legal and human rights

found in the NSW DSS, the commitment to delivery culturally responsive services to Aboriginal and Torres Strait Islander people under the Aboriginal Policy Statement and the person centred guiding principles of the ADHC Health and Wellbeing Policy. They provide direction to support workers in the event of a person becoming unresponsive, or if an unresponsive or deceased person is found.


These procedures are mandatory for ADHC operated accommodation support services, including centre-based respite services and other support services, unless otherwise stated.Some sections are mandatory for ADHC funded non-government support services and assisted boarding houses.

URL http://www.adhc.nsw.gov.au/publications/policies/policies_a-z

Work Health and Safety Legislation Work Health and Safety Act 2011, Work Health and Safety Regulation 2011Brief description A 'person conducting a business or undertaking' (PCBU) is a legal term under

WHS laws for individual. As a PCBU you must meet your obligations, so far as is reasonably practicable, to ensure the health and safety of workers and other people like visitors and volunteers, and businesses or organisations that are conducting business.


Existing ADHC funded providers and new disability support providers.Participants/carers who are considered a PCBU.

URL https://www.workcover.nsw.gov.au/law-and-policy/employer-and-business-obligations/definitions-of-pcbus-and-workers


Workers Compensation Legislation Workers Compensation Act 1987, Workplace Injury Management and

Workers Compensation Act 1998, Workers Compensation Regulation 2010Policy Workers compensation insurance policyBrief description All employers in NSW (except exempt employers) are required to have a workers

compensation insurance policy. Exempt employers are employers who pay $7,500 or less in annual wages, who do not employ an apprentice or trainee, or are part of a group for premium purposes.


Existing ADHC funded providers and new disability support providers. Participants/carers who are employers.

URL http://www.workcover.nsw.gov.au/insurance/workers-compensation-insurance-for-your-business

Policy Notification of workplace incidents and injuriesBrief description All employers and workers have specific obligations to report workplace incidents

and injuries.Who the policy applies to


URL http://www.workcover.nsw.gov.au/workers-compensation-claims/report-an-incident-or-injury/notifying-and-recording-an-incident-or-injury

Policy Injury management programsBrief Description Under section 43(5) of the Workplace Injury Management and Workers

Compensation Act 1998 an employer must comply with obligations imposed by insurer’s injury management program i.e. the insurer’s written strategy for managing workplace injuries This requirement does not apply where the employer is a self-insurer.

Who the Policy Applies To


URL http://www.legislation.nsw.gov.au/maintop/view/inforce/act+86+1998+cd+0+NPolicy Employer’s injury management plan obligationsBrief Description Under section 46 of the Workplace Injury Management and Workers

Compensation Act 1998 an employer must participate and cooperate in establishment of an injury management plan, and comply with obligations imposed under that plan. This requirement does not apply where the employer is a self-insurer.



URL http://www.legislation.nsw.gov.au/maintop/view/inforce/act+86+1998+cd+0+N


Policy Suitable employmentBrief Description Suitable employment needs to be provided by the employer when a worker is

unable to immediately return to their normal duties after an injury.Under section 49 of the Workplace Injury Management and Workers Compensation Act 1998 employers are required to provide suitable employment (as defined in section 32A of the Workers Compensation Act 1987) and, as far as reasonably practicable, that is the same as or equivalent to the employment the worker was in at the time of the injury. Suitable employment does not have to be provided if: it is not reasonably practicable to do so the worker voluntarily left employment either, before or after, the

commencement of the incapacity for work the employer terminated the workers employment after the injury, other than

for the reason that the worker was not fit for employment as a result of the injury.

Note: It is an offence to dismiss an injured worker because they are not fit for employment as a result of the injury.



URL http://www.legislation.nsw.gov.au/maintop/view/inforce/act+86+1998+cd+0+Nhttp://www.legislation.nsw.gov.au/maintop/view/inforce/act+70+1987+cd+0+N

Policy Return to work programsBrief Description A return to work program consists of the formal policy and procedures that an

employer must have in place to help injured workers with their recovery and return to the workplace. A return to work program must be developed within 12 months of becoming an employer and be done in consultation with the employer’s workers and any industrial union representing those workers.For a category one employer (an employer with a basic tariff premium exceeding $50 000 per annum, or is self-insured, or is insured by a specialised insurer and employs more than 20 workers) a return to work program must be developed in accordance with the guidelines for workplace return to work programs.A category two employer (any employer who is not a category one employer as described above), can use the standard return to work program prepared by the State Insurance Regulatory Authority.



URL http://www.workcover.nsw.gov.au/__data/assets/pdf_file/0017/18305/guidelines_for_workplace_rtw_programs_2872.pdf


PrivacyLegislation Privacy and Personal Information Protection Act 1998 (NSW)Brief description The legislation applies to NSW public sector agencies. However, ADHC funded

providers (by virtue of their funding agreement with ADHC) and new disability service providers (by virtue of these working arrangements) are also required to comply with the 12 Information Protection Principles.



URL http://www.austlii.edu.au/au/legis/nsw/consol_act/papipa1998464Legislation Health Records and Information Privacy Act 2002 (NSW)Brief description Outlines how health information should be managed.

Includes 15 Health Privacy Principles that describe what to do when handling personal health information, including collection, storage, use, disclosure, as well as rights to access health information.

Additional principles relate to identifiers, anonymity, transferals and linkages.



URL http://www.austlii.edu.au/au/legis/nsw/consol_act/hraipa2002370/Legislation Privacy Code of Practice (General) 2003 (NSW)Brief description Allows departure from some privacy principles where an individual lacks capacity



URL http://www.austlii.edu.au/au/legis/nsw/consol_reg/pcop2003251/Legislation Health Records and Information Privacy Code of Practice 2005 (NSW)

Brief description Allows sharing of information with other service providers in limited circumstances


The legislation applies to all health services providers in NSW, which includes providers of disability services or supports. Existing ADHC funded providers and new disability support providers are covered.

URL http://www.austlii.edu.au/au/legis/nsw/consol_reg/hraipcop2005458/


Child ProtectionLegislation Children and Young Persons (Care and Protection) Act 1998Brief description Defines certain classes of people who work with children and their managers as

mandatory reporters, who have a statutory obligation to report children who are at risk of significant harm (ROSH) to Community Services Child Protection Helpline on 132 111 when there are reasonable grounds to suspect that a child, or children, are at risk of significant harm from abuse or neglect.


Existing ADHC funded providers and new disability support providers who provide services to children and young people.

UURL http://www.legislation.nsw.gov.au/#/view/act/1998/157/wholePolicy Child Protection GuidelinesBrief description Designed to assist staff to understand their obligations and responsibilities when

they are concerned that children and young people are at risk of, or are being, neglected or abused, including:

an overview of the main legal compliance issues they need to be familiar with,

the responsibilities when they suspect neglect or abuse, or risk of neglect or abuse,

what action to take when the behaviour of families, carers or staff gives rise to concerns,

links to relevant supporting documents and external resources.


Existing ADHC funded providers and new disability support providers who provide services to children and young people

URL http://www.adhc.nsw.gov.au/__data/assets/file/0019/232732/ADHC_Child_Protection_Guidelines.pdf

Legislation Child Protection (Working with Children) Act 2012 (NSW)Brief description Aims to protect children by:

Not permitting certain persons to engage in child-related work, Requiring persons engaged in child-related work to have working with children

check clearances.Who the legislation applies to


URL http://www.austlii.edu.au/au/legis/nsw/consol_act/cpwca2012388/s3.htmlPolicy Working with Children CheckBrief description Sole traders and individual employers must verify their Working With Children

Check as part of the NDIA registration process, where they are providing child related supports.


Sole traders and individual employers

URL Employer's Guide

Legislation Ombudsman Act 1974 (NSW) - Part 3A Employment-related child protection


Brief description Requires the NSW Ombudsman to keep under scrutiny the systems that government and certain non-government agencies in NSW have for preventing reportable conduct and handling reportable allegations and convictions involving their employees.

‘Designated agencies’ must notify the NSW Ombudsman of all reportable allegations and convictions that arise inside and outside the employee’s work.

‘Other public authorities’ are only required to notify reportable allegations or convictions that arise in the course of the employee’s work.

‘Reportable conduct’ includes sexual offences, misconduct, assault, ill-treatment, neglect and behaviour that cause psychological harm to children.


Existing ADHC funded providers and new disability support providers who provide child care centres and substitute residential care to children and young people

URL http://www.ombo.nsw.gov.au/what-we-do/our-work/employment-related-child-protectionGuidelines Child Wellbeing and Child Protection - NSW Interagency GuidelinesBrief description Provides information and guidance to all agencies involved in the delivery of

child wellbeing and child protections services in NSW. One of the Keep Them Safe mechanisms that support collaborative practice. Outlines legislation governing child protection and child wellbeing services in

NSW, roles and responsibilities, guidance to child protection reporting and response, prevention and early intervention strategies, guidance to court processes, case management and information exchange.



URL http://www.community.nsw.gov.au/ktsPolicy Out of Home Care Brief description Guides the provision of placements for children and young people with a

disability, by: Defining the types of out-of-home care placements and supports that are

available to children (aged 0-15 years) and young people (aged 16-17 years) with a disability,

Detailing best practice principles to guide the provision of out-of-home care placements,

Providing practice guidelines for the establishment and provision of out-of-home care placements.


Existing ADHC funded providers and relevant new disability support providers who provide:

Statutory and supported out-of-home care placements Long-term voluntary out-of-home care placements Unplanned, crisis placements

URL http://www.adhc.nsw.gov.au/publications/policies/policies_a-z Policy Voluntary Out of Home CareBrief description NDIS registered providers operating in NSW who wish to provide VOOHC must

register their details with the OCG, and complete the VOOHC Registration and Self-Certification Checklist.


Existing ADHC funded providers and relevant new disability support providers who provide voluntary out of home care, including overnight centre-based respite, host family care, residential placements and camps that provide respite or address challenging behaviour

URL VOOHC Registration, Self-Certification and Monitoring GuideVOOHC Statutory ProceduresVOOHC Register Manual

Health


Policy Health and WellbeingBrief Description The Health and Wellbeing Policy embodies the principles of legal and human

rights found in the NSW DSS and the commitment to deliver culturally responsive services to Aboriginal people under the Aboriginal Policy Statement.The Policy defines how people with disability and their families exercise their rights and entitlements, under the Standards and Statement, to make informed decisions about health services, including health promotion opportunities, treatments, therapy and rehabilitation.


Existing ADHC operated and funded accommodation support services. ADHC funded non-government accommodation support services may adopt the procedures, or develop their own.

URL http://www.adhc.nsw.gov.au/publications/policies/policies_a-z Policy Health Planning ProceduresBrief Description The Health Planning Procedures describe how the person, and support workers,

plan, document, implement and review the person’s health and wellbeing needs in consultation with health professionals, and the person responsible or guardian.

Who the Procedures Applies To

The procedures are a requirement for ADHC operated accommodation support services to follow when they are applying the Guiding Principles of the Health and Wellbeing Policy. ADHC funded non-government accommodation support services may adopt the procedures, or develop their own.


Mental HealthPolicy Accommodation Support PolicyBrief description All NDIA registered providers of NDIS supports to mental health consumers must

comply with any applicable policy and guideline as advised by the relevant NSW Local Health District Mental Health Service. This includes ensuring that NDIS supports are provided in a way that supports the recovery of mental health consumers. The recovery model assumes that people with complex support mental health conditions have the capacity to improve and obtain a life that is not defined by their illness. NDIA registered providers will work with mental health services, mainstream and specialist services and the local community to ensure that supports are provided in an integrated and coordinated way.


Relevant NSW Local Health District Mental Health Service to advise existing ADHC funded providers and new disability support providers.

AccommodationPolicy Accommodation Support PolicyBrief description Sets out service principles for the provision of person-centred accommodation

support to people with disability, based on their disability support needs and preferences





Fire SafetyPolicy Fire SafetyBrief description Services are responsible for ensuring:

The environment in which services are provided is safe and hazards are minimised,

All employees are familiar with all fire emergency equipment and facilities in the workplace and participate in regular fire safety programs,

Emergency management and evacuation plan and procedures are in place taking into account the support needs of people with disability,

Engagement occurs with the local community in developing fire safety procedures.



URL http://www.adhc.nsw.gov.au/__data/assets/file/0015/251232/Fire_safety_fact_sheet_Dec2013.pdf

Supporting PeoplePolicy Lifestyle PlanningBrief Description This policy sets out guiding person centred principles to lifestyle planning with

people who use ADHC operated and funded accommodation support services. These principles demonstrate a commitment to putting people with disability, their families and carers at the centre of decision making about how the specialist disability system supports them.


The policy’s guiding principles are the basic mandatory requirements for ADHC operated and funded accommodation support services when planning with the people they support.

URL http://www.adhc.nsw.gov.au/publications/policies/policies_a-z Policy Decision Making and Consent

Brief Description The Decision Making and Consent Policy affirms the rights of people to make decisions that affect them and to receive support when they want it to make decisions. A set of Guiding Principles provides a framework for decision making in the context of capacity and consent.


ADHC operated disability support services must follow the Guidelines when applying the Principles of the Policy. ADHC funded non-government disability support services may adopt the Guidelines, or develop their own.

URL http://www.adhc.nsw.gov.au/publications/policies/policies_a-z Policy Wills and Estates Policy and ProceduresBrief description Supports people with a disability to participate in decisions about their finances

and property and the disbursement of these through a Will. A Will should be reviewed every five years or whenever a person’s

circumstances change. Providers must maintain procedures to develop and review wills and distribute

estates.Who the policy applies to

Existing ADHC funded providers (As guidance only for new disability support providers)



Policy Abuse and NeglectBrief Description The Abuse and Neglect Policy provides information and guiding principles to

support paid and unpaid workers of ADHC operated and funded non-government disability support services, with the means to prevent, identify and respond to abuse and neglect when it occurs or is suspected.This policy should be read in conjunction with the Abuse and Neglect Procedures and Prevention Guidelines, which have been developed to support a structured, consistent and transparent approach to safeguarding people from abuse and neglect.


The policy, procedures and prevention guidelines provide paid and unpaid workers of ADHC operated and funded non-government disability support services with the means to identify abuse and neglect, and to respond quickly and appropriately to allegations of abuse and neglect.


Policy Risk and SafetyBrief Description The Risk and Safety Policy provides a set of guiding principles for supporting people

to make decisions that involve some risk to them. These principles provide the framework for the identification, assessment and management of risk in a person centred environment.The Policy is supported by the Risk and Safety Procedures, Guidelines, Tools and Templates and Other Resources.


The policy is mandatory in ADHC operated and funded non-government disability support services.

URL http://www.adhc.nsw.gov.au/publications/policies/policies_a-z Policy Behaviour Support PolicyBrief description Outlines minimum requirements in providing a behaviour support service to adults,

children or young people with an intellectual disability




Policy Behaviour Support: Policy and Practice Manual 2009Brief description Provides guidelines to safeguard the rights of the individual service user and

promotes the use of person-centred positive behaviour support practices. Provides a contemporary, practical resource for the development of high quality

and consistent support and intervention practices that adhere to relevant departmental policy and procedures and legislative standards.




Guidelines Restricted Practices Authorisation Mechanism Operation Guide


Brief description Provides guidance on the operational aspects of an effective Restricted Practice Authorisation (RPA) mechanism.

Promotes consistency in the operation of RPA procedures within ADHC and across the funded sector.



URL https://ngorpap.files.wordpress.com/2011/07/rpa-mechanism-operational-guide-osp.pdfLegislation Community Services (Complaints, Reviews and Monitoring) Act 1993 (NSW)

Brief description NDIS participants can make complaints about service providers to the NSW Ombudsman

The NSW Ombudsman can monitor and review services provided to NDIS participants

Official Community Visitors can visit NDIS participants living in an accommodation service if in full-time care of a service provider

The NSW Ombudsman can review the death of a NDIS participant living in residential care provided by a NDIS service provider



URL http://www.austlii.edu.au/au/legis/nsw/consol_act/csrama1993583/


Appendix 2: Disability Supports Part A

NDIS REGISTRATION GROUP RELATED DISABILITY SUPPORTS FUNDED UNDER THE NSW DISABILITY INCLUSION ACT 20142

QUALITY ASSURANCEREQUIREMENTS

Household tasks enable the participant to maintain their home environment e.g.

Delivered meals House and / or yard maintenance House cleaning

In-home accommodation support Meals Other food services Domestic assistance Home maintenance Linen service

Comply with the NDIS Rules – Rules for registered providers of supports and Agency’s Terms of Business.

Therapeutic supports includes: Individual and group multidisciplinary

interventions for participants aged 7-65

Individual therapy (OT, Physio, Psychology, Social Work, Speech and Language pathology)Group therapy(OT, Physio, Psychology, Social Work,Speech and Language pathology)

Podiatry, dietetics Therapeutic program delivered by

Therapy assistant Individual/group family focused

information and training Counselling for an individual or as

part of a group

Therapy support for individuals:Allied health care, includingCounselling.Counselling provides clients and carers with assistance to understand and manage situations, behaviours and relationships associated with their need for care.


Meet the relevant professional requirements under the National Registration and Accreditation Scheme (National Scheme) for registered health practitioners.

Meet the eligibility requirements for membership of the relevant Australian professional association, e.g.Association of Social Workers (AASW).

Home modifications Home modifications Comply with the NDIS Rules – Rules for registered providers of supports and Agency’s Terms of Business.

Meet relevant industry requirements where applicable.




Vehicle modifications Provision of goods and equipment Comply with the NDIS Rules – Rules for registered providers of supports and Agency’s Terms of Business.


Assistive technology and equipment(multiple registration groups)

Provision of goods and equipment Comply with the NDIS Rules – Rules for registered providers of supports and Agency’s Terms of Business.


Management of funding for supports in participant plans (Plan management):

Financial and service intermediary activities

Financial intermediary activities.

Plan management Comply with the NDIS Rules – Rules for registered providers of supports and Agency’s Terms of Business.

Satisfy NDIS registration requirements including an assessment of qualifications, approvals, experience and capacity

Specialised driver training

This includes training in driving, using adapted equipment or vehicle modification.

Learning and life skills development Comply with the NDIS Rules – Rules for registered providers of supports and Agency’s Terms of Business.

Satisfy NDIS registration requirements including an assessment of qualifications, approvals, experience and capacity


Exercise physiology and personal training (Ex Phys Pers Training)

Physical wellbeing activities to promote and encourage physical well-being, and exercise.

Other community support Comply with the NDIS Rules – Rules for registered providers of supports and Agency’s Terms of Business.

Meet the relevant professional requirements




Interpreting and translation (Interpret/translate)

Interpreting and translation focuses on assistance to the participant to enable independent communication in essential personal, social or community activities where translation is not available from a mainstream service.

Alternative formats of communication Comply with the NDIS Rules – Rules for registered providers of supports and Agency’s Terms of Business.

Meet the relevant professional requirements under the NAATI national Registration and Accreditation Scheme

Accommodation/Tenancy assistance (Accommodation/tenancy)

Transitional support payments only

Case management, local coordination and development


1 NDIS registration Groups – October 20162 Current designated disability services funded under the Disability Inclusion Act 2014 and related alignment to NDIS Registration groups – October 2016.


Appendix 2: Disability Supports Part B



Assistance with daily life tasks in a group or shared living arrangement (Daily tasks/shared living)

Supported accommodation: Large Residences Group homes Emergency accommodation support

Accommodation support for young people with disability to transition from the parental responsibility of the Minister for Community Services and to live as independently as possible.

Accommodation support for young people with intellectual disability who have exited a correctional facility and appropriate community integration along with pre and post release clinical case management services.

Alternative family placement – out-of-home care for children with disability

Flexible respite Overnight respite HACC respite


Undertake third party verification to confirm organisational performance against the NSW Disability Service Standards or relevant comparable standards such as National Standards for Disability Services (2013), Home Care Standards, Attendant Care Industry Standards, Victorian Department of Human Services Standards and Queensland Human Services Quality Framework;

Meet all relevant legislation, operational policies and guidelines outlined at Appendix 1.




Assistance with daily personalActivities (Assist-personal Activities) and High intensity daily personal activities (Assist personal activities high) include:

Assistance from a live-in carer Specialised home based assistance

for a child Personal care.

Intensive personal care: Attendant care, including low level

assistance with hygiene and grooming

High complex needs


Delivering supports to people in a group or shared living arrangement requires a level of expertise and experience on the part of the provider. For this reason, during transition, providers can only deliver this registration group if they:

o Are an existing provider of accommodation supports

o Provide a similar service in another jurisdiction or sector and attain independent TPV specifically covering this type of support.

(see following page)Assistance with daily personal

Activities (Assist-personal Activities) and High intensity daily personal activities (Assist personal activities high) continued.

Undertake third party verification to confirm organisational performance against the NSW Disability Service Standards or relevant comparable standards such as National Standards for Disability Services(2013), Home Care Standards, Attendant Care Industry Standards, Victorian Department of Human Services Standards and Queensland Human Services Quality Framework;





Specialised behaviour support (Behaviour support):

Interventions including development of positive behaviour support plans

Training for carers and others in behaviour management strategies.

Behaviour/specialist intervention Comply with the NDIS Rules – Rules for registered providers of supports and Agency’s Terms of Business.

Undertake third party verification to confirm organisational performance against the NSW Disability Service Standards or relevant comparable standards such as National Standards for Disability Services (2013), Home Care Standards, Attendant Care Industry Standards, Victorian Department of Human Services Standards and Queensland Human Services Quality Framework.


Providers must also attest that they meet:

Element 1 OR Element 2, AND Elements 3, 4, and 5.

Providers must have relevant qualifications (of either): (see following page)




Specialised behaviour support (Behaviour support) continued.

Element 1: Psychologist, OT, Speech Pathology, Nursing (with relevant experience), Social or Health Sciences

OR Element 2: Completed (within past 5 years) or

currently completing the Positive Approach to Behaviour Support Core Standard including Appraisal process (FACS); or nationally recognised competency CHCDIS006 – Develop and promote positive person-centred behaviour supports

AND Element 3: Two years demonstrated experience in

the delivery of positive behaviour support that includes:

o Data analysis;o Completion of Behaviour Assessments;o Development of Behaviour Support

Plans; o Development and delivery of training in

Behaviour Support Plans;o Monitoring and Review of Behaviour

Support Plans.o Evaluation of Behaviour Support Plan

effectiveness.(see following page)




Specialised behaviour support (Behaviour support) continued. AND

Element 4: Providers must attest they will receive during the course of their registration work practice support/supervision from a Behaviour Support Practitioner who has a minimum of five years experience in the delivery of Behaviour support that includes:

o Data analysis;o Completion of Behaviour Assessments;o Development of Behaviour Support Plans;o Development and delivery of training in

Behaviour Support Plans;o Monitoring and Review of Behaviour

Support Plans;o Evaluation of Behaviour Support Plan

effectiveness.AND

Element 5: Third Party Verification with specific emphasis on compliance with the NSW Behaviour Support Policy.




Early intervention supports for early childhood (Early childhood supports)

Early childhood intervention: Early childhood special education

(centre-based, mainstream and in-home);

Therapy services Information and referral; and

coordination of early childhood intervention services with other specialist and mainstream services in the local area


Undertake third party verification to confirm organisational performance against the NSW Disability Service Standards or relevant comparable standards such as National Standards for Disability Services (2013), Home Care Standards, Attendant Care Industry Standards, Victorian Department of Human Services Standards and Queensland Human Services Quality Framework;


Note (and see following page):Sole allied health practitioners and independent allied health practitioners in a small allied health consortia (up to 4 practitioners) are required to comply with all relevant aspects of the NSW Transitional Quality Assurance and Safeguarding Framework in their clinical practice. However, they may be exempted from the requirement to obtain Third Party Verification (TPV) when registering for only ‘Early Intervention supports for early childhood’ (‘Early Childhood Supports’ in myplace portal). To be eligible for the exemption, allied health professionals must:

Hold a relevant allied health qualification to

Family support places and early interventions:

Enable inclusion of children and young people with disability and their families in mainstream services and in community life

Support the development of children and young people’s skills and their capacities

Build the resilience and capacities of families caring for a child who has a disability.




Early intervention supports for early childhood (Early childhood supports) continued

practice in NSW; A minimum of 2 years practice experience

in the provision of therapeutic support to children aged 0-6 years;

Hold a relevant professional registration or professional association membership required to practice in NSW.

Participation in community, socialand civic activities (Participate community) and Group and centre based activities (Group/Centre Activities)

Group based activities in a centre Group based community activities Community and social activities

Centre-based day programs Recreation/holiday programs Social support


Undertake third party verification to confirm organisational performance against the NSW Disability Service Standards or comparable standards such as National Standards for Disability Services (2013), Home Care Standards, Attendant Care Industry Standards, Victorian Department of Human Services Standards and Queensland Human Services Quality Framework.





Assistance in coordinating ormanaging life stages, transitions and supports (Assist-Life Stage, Transition) :

Assistance to strengthen participant’s abilities to coordinate supports and participate in the community. This includes resolving points of crisis, developing capacity and resilience in a participant's network and coordinating supports from a range of sources.

Assistance to strengthen a higher needs participant’s ability to coordinate their supports and participate in the community. This may include resolving points of crisis, and developing resilience in the participant's network.

Case management, local coordination and development







Specialised Support Coordination (Support Coordination)Time limited support coordination, within specialist framework necessitated by high risks in participant's situation, to address barriers and reduce complexity in environment, assisting to connect with supports, build capacity and resilience.

Client Care CoordinationCase Management







Development of daily living and lifeSkills (Development-life skills):Focuses on training and development activities undertaken by the participant or their carer to increase their ability tolive as autonomously as possible. Includes:

Skills development in a group Individual life and personal skills

development Individual social /living skills

development Training for carers/parents Training in planning and plan

management Skills to increase independence in

community, social and recreational participation

Development of skills in household tasks

Public transport training and support Social skills training Training in planning and

management; numeracy, literacy, money/financial management training and skills development

Learning and Life Skills development: Ongoing support







Assistance to access and maintainEmployment (Assist Access/Maintain Employ); Specialised Supported Employment (Spec Support Employ)Workplace assistance enables a Participant to successfully obtain and/or retain employment in the open or supported labour market. Includes:

Employment related assessment and counselling

Assistance in specialised supported employment

Preparation and support individually or in a group.

Transition to Work Comply with the NDIS Rules – Rules for registered providers of supports and Agency’s Terms of Business.



1 NDIS registration groups – October 2016

2 Current designated disability services funded under the Disability Inclusion Act 2014 and related alignment to NDIS registration groups– August 2016. Note: Not all ADHC funded disability

supports listed may be provided in all areas across NSW.


9.7 Requirements for new specialist disability providers in Northern Territory

Quality and Safeguards Working Arrangements for transition in the Northern Territory are currently under development between the Northern Territory Government, Commonwealth and NDIA. To ensure providers in the Northern Territory are able to register to provide NDIS services as these Working Arrangements are finalised, the NT Government and NDIA have agreed to the below process for the registration of providers in the NT. Further details will be included here as they are finalised.

9.7.1 Existing NT Funded Providers, New providers and existing NDIS providers expanding services

All providers requesting to be registered with the National Disability Insurance Agency in the Northern Territory to deliver the Registration Groups listed below will be required to demonstrate their compliance with the NT Quality and Safeguarding Framework (the Framework) by participating in an assessment process, which includes self-assessment and onsite review. The Framework assessment process provides a method for the registration of providers to deliver National Disability Insurance Scheme supports in the Northern Territory. Further information for existing NT Funded Providers can be found by contacting [email protected].

In the first instance, all providers should initiate their registration through the NDIA myplace portal. Further information on how to begin this process can be found in the Provider Toolkit.

Providers are required to submit evidence they have met the requirements of the NT Framework in the form of a letter issued by the NT Government for the Registration Groups listed below:

Assist-Life Stage, Transition Daily Personal Activities Daily Tasks/Shared Living Development – Life Skills Early Childhood Supports Group and Centre Based Activities High Intensity Daily Personal Activities Participate Community Community Nursing Care Customised Prosthetics Exercise Physiology and Personal Training Specialised Support Coordination Therapeutic Supports Assist Access/Maintain Employment or Higher Education Plan Management Specialised Positive Behaviour Support (Behaviour Support) Assistive Products – Personal Care/Safety (streamlined framework assessment

processes) Assistive Equipment – Recreation (streamlined framework assessment processes) Assistive Products – Household Task (streamlined framework assessment processes)


https://www.ndis.gov.au/providers/provider-toolkit.html


Home Modification (streamlined framework assessment processes) Household Tasks (streamlined framework assessment processes) Personal Mobility Equipment (streamlined framework assessment processes) Assist Travel/Transport (streamlined framework assessment processes)

When providers register for the registration groups listed above, they will receive a ‘pending state/territory approval’ letter. Providers must initiate their NT approval by contacting [email protected] with a copy of this letter. Please see below process diagram for further details. All providers will be required to undertake a self-assessment and independent assessment process against the Framework.

The Northern Territory Government will consider the outcome of the assessment process and make a determination if the provider meets the Framework requirements. The Northern Territory Government will exercise a degree of flexibility regarding assessment – acknowledging the capacity building focus of the Framework. Based on the outcome of the assessment, the Northern Territory Government will issue a letter to the provider on the outcome of the assessment with recommendation on whether the provider should be registered to deliver NDIS services in the NT.

The Northern Territory Government may determine that its recommendation for the provider to the registered with the NDIA is dependent on the provider satisfying conditions, including adherence to a Quality Improvement Plan.

9.7.2 Existing Commonwealth Funded Providers

Existing Commonwealth Funded providers who register with the NDIA for services they are currently providing (‘like’ services) can submit a copy of their current Commonwealth program funding agreement as evidence of compliance with Commonwealth Quality and Safeguards requirements for those supports. Commonwealth funded providers who wish to expand their services will be treated as a new provider for those supports, and will need to meet the requirements of the NT Framework.



9.8 Requirements for new and existing Commonwealth disability service providers

9.8.1 Arrangements for Existing Commonwealth Funded Providers- continuing to deliver same supports

Existing Commonwealth providers that transition to deliver their services under the NDIS will continue to be subject to the Quality and Safeguards terms of their Commonwealth funding agreements in accordance with the Terms of Business for Registered Providers for the NDIA. NDIS participants will continue to have recourse to the existing Commonwealth safeguard arrangements including:

service provider complaints processes; Department of Social Services complaints processes; The Commonwealth Ombudsman; The Australian Human Rights Commission; and Other mainstream law enforcement and legal avenues.

Existing Commonwealth Funded providers who register with the NDIA for services they are currently providing (‘like’ services) can submit a copy of their current Commonwealth program funding agreement as evidence of compliance with Commonwealth Quality and Safeguards requirements for those supports.

Providers of the prescribed disability support services of each jurisdiction need to adhere to the Department of Social Services complaints processes.

9.8.2 Arrangements for Existing Commonwealth Funded Providers- wishing to expand their scope of service delivery

Service providers currently funded by the Commonwealth, who wish to expand their service delivery to new Registration Groups, will need to apply directly to the NDIA for registration of expanded scope. Expansion of scope will be subject to compliance with the quality and safeguards arrangements in place in the jurisdiction in which they intend to provide supports. They will effectively become new NDIA providers for the expanded services.

9.8.3 New and Existing Commonwealth Australian Disability Enterprises (ADE)’s

Transitioning Australian Disability Enterprises will be required to continue to meet their obligations against their Funding Agreements while also maintaining certification under JAS-ANZ against the National Standards for Disability Services. Please note, only NSW mention ADEs.

9.8.4 Employment Services

Organisations wishing to provide employment type services should apply to the NDIA directly. Commonwealth quality and safeguarding arrangements apply. Please note, SA, QLD, and ACT do not mention employment services in their requirements for registration.


Please note, in Tasmania expansion of service delivery for current commonwealth funded service providers does not include employment services.

However, in Victoria, NSW and NT specialised supported employment services are able to operate, but need to register with the NDIA and comply with the terms of business. NSW and NT need to register as new providers, however, Victorian employment providers need to register with the NDIA, but do not require Victorian approval.

9.8.5 Monitoring and Compliance

Existing Commonwealth providers transitioning to deliver services under the NDIS will continue to be subject to the Quality and Safeguards terms of their Commonwealth funding agreements in accordance with the Terms of Business for Registered Providers for the NDIA. Existing statutory safeguards will continue to operate during the transition to full scheme, including, complaints processes, regulatory bodies, and legal avenues.

All registered NDIS specialist disability service providers registered are required to comply with the jurisdiction’s regulations regarding pre-employment screening, including National Criminal Checks, and must ensure ongoing compliance with Commonwealth and jurisdiction legislations, particularly those relating to quality assurance, safety standards and restrictive practices.

9.8.6 Commonwealth Quality and Safeguarding Requirements

The Terms of Business for Registered Providers sets out quality and safeguard requirements that must be complied with by all registered providers for the NDIA, including existing providers that transition to deliver their services under the NDIS. These requirements include quality and safeguard obligations set out in current or previous Funding Agreements with the Commonwealth.

9.8.7 Registration Process

To register as a provider, follow the steps outlined in the provider toolkit at https://providertoolkit.ndis.gov.au/.


https://providertoolkit.ndis.gov.au/

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