The NDIS Code of Conduct explained

Key points

• The National Disability Insurance Scheme (NDIS) Code of Conduct protects NDIS participants from abuse, disrespect and mistreatment by NDIS providers and workers
• Inclusion, individuality and comfort are prioritised within the Code of Conduct
• Complaints related to worker conduct can be raised with NDIS providers or the NDIS Commission

The NDIS Code of Conduct is in place to protect participants and ensure that NDIS providers deliver an inclusive service.

This Code of Conduct applies to both NDIS providers and their employees. These guidelines also give you the power if a breach occurs and a complaint needs to be raised.

Who is covered by the NDIS Code of Conduct

The NDIS Code of Conduct is in place to protect NDIS participants, however, all service providers and their employees need to adhere to the Code. This includes:

• Registered and unregistered NDIS providers and their employees
• Providers delivering information, linkages, and capacity building (Independent Living Centre) activities
• Providers delivering Commonwealth Continuity of Support Programme services for people aged 65 or older
• NDIS Commission employees, who are also covered by the Australian Public Service Code of Conduct

You can find out more information about unregistered NDIS providers and the requirements they need to meet in our article, ‘Registered vs. unregistered NDIS providers: What’s the difference?’

What the NDIS Code of Conduct requires

The Code of Conduct is in place to prevent misconduct, while providing a safe space for NDIS participants.

Under the Code of Conduct, you, as an NDIS participant, should feel respected, protected and cared for.

The Code requires that service providers and workers:

• Respect individual rights to freedom of expression, self-determination, and decision-making in accordance with relevant laws and conventions
• Respect the privacy of people with disability
• Provide supports and services in a safe and competent manner with care and skill
• Act with integrity, honesty, and transparency
• Take steps to raise and act on concerns about matters that might have an impact on the quality and safety of supports provided to people with disability
• Take all reasonable steps to prevent and respond to all forms of violence, exploitation, neglect, and abuse of people with disability
• Take all reasonable steps to prevent and respond to sexual misconduct

Understanding this Code will help you identify if your provider or an employee of your provider isn’t meeting the basic requirements of the Code of Conduct.

If you find that your provider or its employee isn’t meeting this Code, you should escalate the issue further.

Dealing with breaches of the Code

If a NDIS provider or worker acts in a contradictory manner to the Code of Conduct, anyone can make a formal complaint.

This includes yourself as a participant, family members, friends, medical practitioners, other support workers, other NDIS providers or external advocates.

You should first raise your complaints or concerns directly with your NDIS provider to see if they can make changes or fix the problem.

However, if you don’t believe your provider is taking the best steps to fix the issue or address your complaint, you can contact the NDIS Commission directly.

The NDIS Commission may hold an investigation once all relevant information has been gathered, with any appropriate penalties to follow.

You can learn more about making a complaint in our article, ‘The complaints process for the NDIS‘.

Do you believe the Code of Conduct adequately protects your right as an NDIS participant? Let us know in the comments.

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