Provider Registration Guide to suitability requirements Guidance for filling out the Qualifications, Approvals, Experience and Capacity questions on the Application Form for the Registration of Providers At Part 5 of the application form for the registration of providers you have the opportunity to demonstrate your qualifications, approvals, experience and capacity to provide supports to participants of the National Disability Insurance Scheme. The following table provides a guide to particular criteria that are considered relevant to the categories of support when assessing your application for registration. The support items have been grouped into similar types of support called ‘support clusters’. The clusters have in part been created to help simplify the registration process so that you do not have to register for every individual support item. The qualifications, approvals experience and capacity in the clusters are listed as a guide only. You are invited to register listing any qualifications, approvals, experience or capacity you consider as relevant for your registration. 1 NDIS Dec 2014 Contents Approvals that apply to all support clusters involving provision of personal supports……….…3 Provider Registration Guide to suitability requirements ........................................................... 1 Contents .................................................................................................................................. 2 All supports .............................................................................................................................. 3 Specialist Disability Services .................................................................................................... 4 Non- Specialist Services .......................................................................................................... 5 Training and skills development activities................................................................................. 6 Professional supports............................................................................................................... 7 Assistive technology specialist assessment, set up and training .............................................. 9 Assistive technology or equipment ......................................................................................... 12 Specialised supports .............................................................................................................. 13 Requirements for new specialist disability providers in SA ..................................................... 14 Requirements for new specialist disability providers in South Australia .............................. 14 Requirements for new specialist disability providers in Tasmania .......................................... 15 Requirements for new specialist disability providers in Tasmania ....................................... 15 Requirements for new specialist disability providers in Victoria .............................................. 16 Requirements for new specialist disability providers in Victoria .......................................... 16 Requirements for new specialist disability providers in NSW .................................................. 17 Requirements for new specialist disability providers in New South Wales .......................... 17 New South Wales Quality Assurance and Safeguards Framework ..................................... 17 Appendix 1: Additional Requirements for Providers of Disability Supports ............ 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Requirements for new specialist disability providers in the ACT ............................................. 31 2 NDIS Dec 2014 All supports Approvals that apply to all support clusters involving provision of personal supports Evidence that the provider has successfully undergone a national police records check or working with children, people with disability and/or vulnerable persons checks as required under Australian or state or territory government legislation or funding agreements; OR Evidence by a provider employing multiple staff and/or contractors that they have processes in place to check that staff and contractors have a national police records checks or a working with children, people with disability and/or vulnerable persons check as required under Australian or state or territory government legislation or funding agreements. 3 NDIS Dec 2014 Specialist Disability Services Support cluster (class) Examples of Relevant Qualifications Approvals as per relevant regulatory frameworks Examples of evidence for Capacity Examples of evidence for Experience Assistance with daily personal activities Certificate 3 in Disability Services or similar is desirable. Registered, approved or compliant with the requirements for registration or approval as a specialist disability service, community care or Home and Community Care provider with Australian, state or territory government in the state or territory in which supports will be provided. Demonstrates financial viability and capability to deliver supports. Experience in the delivery of supports to assist people with disability in their community or in their home and in the development of their skills and abilities. Assistance with daily life tasks in a group or shared living arrangement Participation in community, social and civic activities Assistance to integrate into school or other educational program Certificate 3 in Disability Services or similar is desirable. Qualifications in teaching Assistance to access and maintain employment Certificate 3 in Disability Services or similar is desirable. Quality Assurance / Management system in compliance with relevant Australian, state or territory government requirements for specialist disability, community care or Home and Community Care providers in the state or territory in which supports will be provided. OR Vocational rehabilitation qualifications See State requirements for new providers in this document Existence of a risk management framework. Suitability of any facilities and related infrastructure necessary for the delivery of supports. Demonstrated delivery of person centred services in the community or in their home. Experience in working with children with disability in an educational setting. Experience in delivering person centred employment supports. Experience in working with people with disability seeking employment, training for employment, or building and delivering sustainable employment opportunities. 4 NDIS Dec 2014 Non- Specialist Services Support cluster (class) Examples of Relevant Qualifications Approvals as per relevant regulatory frameworks Household tasks Compliance with relevant state or territory legislation relating to food safety (for provision of meals only) Physical wellbeing activities Interpreting and translation Accommodation and tenancy assistance Holds sufficient level of insurance. Suitability of any facilities, equipment (e.g. modified vehicles) and related infrastructure necessary for the delivery of supports. Qualification in Exercise Physiology OR Personal Trainer qualifications (please identify specific qualifications) Accreditation with National Accreditation Authority for Translating and Interpreting Assistance with travel / transport arrangements Examples of evidence for Capacity Customer complaints process. Examples of evidence for Experience Experience in delivery, as relevant, of: house cleaning; or yard maintenance; or provision of meals; or linen and laundry services. Experience or training in working with people with disability. If bus driver or taxi driver appropriate licence and driver authorisation, authority, accreditation or equivalent as required by state or territory government in the state or territory in which the supports are provided. Qualification in Social Work, Human Services, Welfare Work OR Certificate 3 in Disability Services with experience is desirable 5 NDIS Dec 2014 Training and skills development activities Support cluster (class) Development of daily living and life skills Training for independence in travel and transport Examples of Relevant Qualifications Certificate 3 in Disability Services or similar is desirable. Approvals as per relevant regulatory frameworks If delivering supports solely as a specialist disability service – need to be registered or approved or compliant with the requirements for registration or approval as a specialist disability service provider with Australian, state or territory government in the state or territory in which supports will be provided. Examples of evidence for Capacity Suitability of any facilities and related infrastructure necessary for the delivery of supports. Examples of evidence for Experience Experience in providing training and supports to people with disability. Holds sufficient level of insurance. Customer complaints process. See State requirements for new providers in this document 6 NDIS Dec 2014 Professional supports Support cluster (class) Early intervention supports for early childhood Specialised assessment of skills, abilities and needs. Community nursing care for high care needs Therapeutic supports Examples of Relevant Qualifications Qualifications in: Occupational Therapy; or Physiotherapy; or Speech and Language Pathology; or Psychology; or Social Work; or Teaching. Approvals as per relevant regulatory frameworks Professional registration or accreditation by professional body. Qualifications in: Nursing; Occupational Therapy; Physiotherapy; Speech and Language Pathology; Social Work; Psychology; or Other relevant Human Service See State requirements for new providers in this document pages Examples of evidence for Capacity Suitability of any facilities and related infrastructure necessary for the delivery of supports. AND If delivering supports solely as a specialist disability service – need to be registered or approved or compliant with the requirements for registration or approval as a specialist disability service provider with Australian, state or territory government in the state or territory in which supports will be provided. Suitability of any facilities and related infrastructure necessary for the delivery of supports. Examples of evidence for Experience Ongoing professional supervision and development in place. AND Professional staff have experience in early childhood interventions with children with disability. AND Psychologists to be listed on APS Autism and Pervasive Developmental Disorder Identified Practitioners list. AND Experience in working within a transdisciplinary framework. Ongoing professional development in place. 7 NDIS Dec 2014 Support cluster (class) Behaviour support Examples of Relevant Qualifications Qualifications in: Psychology or Occupational Therapy or Social Work Approvals as per relevant Examples of evidence regulatory frameworks for Capacity Professional registration or accreditation by professional body in: Psychology or Occupational Therapy AND If delivering supports solely as a specialist disability service – need to be registered or approved or compliant with the requirements for registration or approval as a specialist disability service provider with Australian, state or territory government in the state or territory in which supports will be provided. Examples of evidence for Experience Minimum 2 years’ experience working with people with disability who have challenging behaviours. AND Ongoing professional / clinician supervision and development in place. See State requirements for new providers in this document 8 NDIS Dec 2014 Assistive technology specialist assessment, set up and training Support cluster (class) Examples of Relevant Qualifications Approvals as per relevant regulatory frameworks Qualification in Nursing Registration with AHPRA Continence aids: Assessment, recommendation, training Examples of evidence for Capacity Examples of evidence for Experience Experience in continence assessment with such as Continence Advisor/Nurse, Clinical Nurse Consultant/ Specialist, Nurse Practitioner, or Registered Nurse with accredited continence or relevant speciality course. Qualification in Audiology or a Audiometrics Hearing devices: Assessment, fitting and training Communication equipment assessment, set up and training Vision equipment for communication or Eligible as a full member of the Audiological Society of Australia Inc. and has obtained a Certificate of Clinical Practice Eligible as an ordinary member of the Australian College of Audiology Incorporated with competency in Hearing Aid Dispensory. Eligible as a full member-A of the Hearing Aid Audiometrist Society of Australia Incorporated Qualification in Speech and Language Pathology or Occupational Therapy Qualification in Occupational Therapy Registration with Occupational Therapy Board of Australia Registration with Occupational Therapy Board of Australia 9 NDIS Dec 2014 Support cluster (class) Examples of Relevant Qualifications Approvals as per relevant regulatory frameworks household management : Assessment, set up and training Qualification as an Orthoptist Registration with Australian Orthoptic Board Driving modifications: Recommendation and/or training Qualification in Occupational Therapy, with Driver Assessment Qualification Qualification in health science, sport science or a related field, and postgraduate qualification in orientation and mobility. Qualification in Nursing or Dietetics Registration with Occupational Therapy Board of Australia, with Driver Assessment Qualification Qualification in Occupational Therapy Registration with Occupational Therapy Board of Australia Physiotherapy Registration with Physiotherapy Board of Australia Qualification in Occupational Therapy Registration with Occupational Therapy Board of Australia Qualification in Physiotherapy, Orthotics, Pedorthy or Podiatry Registration with Physiotherapy Board of Australia Visual orientation equipment: Assessment and training Home Enteral Nutrition equipment: Assessment, recommendation and training Transfer equipment: Assessment, set up, training Home modifications design to meet participants functional needs Orthotics: Selection and or manufacture Prosthetics: Selection and or manufacture Ambulant mobility equipment: Selection, configuration or training Registration with AHPRA or accredited practicing dietician Examples of evidence for Capacity Examples of evidence for Experience Relevant experience with Home Enteral Nutrition Experience in home modification or access design Qualification in Prosthetics Qualification in Orthotics Qualification in Physiotherapy or Occupational Therapy Registration in Australia in Physiotherapy or Occupational Therapy 10 NDIS Dec 2014 Support cluster (class) Wheeled mobility equipment: Selection, configuration or training Specialised seating Computer and other technology recommendation, set up and training Examples of Relevant Qualifications Approvals as per relevant regulatory frameworks Qualification in Physiotherapy, Registration with Physiotherapy Board of Australia Registration with Occupational Therapy Board of Australia Registration in Australia in Physiotherapy or Occupational Therapy or Rehabilitation Engineering Registration with Occupational Therapy Board of Australia Occupational Therapy Qualification in Physiotherapy or Occupational Therapy or Rehabilitation Engineering Qualification in Speech and Language Pathology or Occupational Therapy Examples of evidence for Capacity Examples of evidence for Experience Environmental control unit recommendation, set up and training 11 NDIS Dec 2014 Assistive technology or equipment Support cluster (class) Examples of Relevant Qualifications Approvals as per relevant regulatory frameworks Examples of evidence for Experience Ensure products compliance with Australian Standards and Therapeutic Goods Administration (TGA) registration where applicable. Ability to raise an adverse incident report with the TGA where applicable. Ensure availability of spare parts for 5 years from final date of manufacture for TGA registered goods. Maintain records sufficient to identify participants to whom a product was sold in the event of a product recall or safety warning. Assistive equipment for: general tasks and demands leisure and recreation household tasks personal care and safety communication and information vision hearing personal mobility Vehicle modifications Home modifications construction, documentation of plans, project management or certification Examples of evidence for Capacity Qualification as an: Architect Builder Building inspector/works assessor Building surveyor Building work supervisor/project manager Carpenter/joiner Plumber/drainer/gas Fitter Tiler Licensed by State Authority to undertake building work for which they are contracting. Capacity to ensure modified vehicle complies with Australian Design Rules, Australian Standards and State Engineering Certification and registration requirements. 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 12 NDIS Dec 2014 Specialised supports Support cluster (class) Assistance in coordinating or managing life stages, transitions and supports Management of the funding for supports under a participant’s plan Examples of relevant Qualifications Degree in relevant Human Services. Diploma in relevant Human Services studies with at least two years of experience. Certificate 3 in Disability Services plus substantial years of relevant experience and specialist skills sufficient to perform these activities. For financial intermediary activities Accounting or bookkeeping qualifications or relevant industry experience in management of finances. For service intermediary activities Substantial years of relevant industry experience in setting up support arrangements. Approvals as per relevant regulatory frameworks If a professional is employed, professional registration or accreditation by professional body. AND If delivering supports solely as a specialist disability service – need to be registered or approved or compliant with the requirements for registration or approval as a specialist disability service provider with Australian, state or territory government in the state or territory in which supports will be provided. See State requirements for new providers in this document pages 14 -21 Examples of evidence for Capacity Demonstrates financial viability and capability to deliver supports. Existence of a risk management framework. Conflict of interest between plan management and the provision of support is satisfactorily addressed by an organisation offering both types of support. Examples of evidence for Experience For peer support – lived experience of disability or mental illness and relevant experiences and skills or training to perform this activity Demonstrated delivery of person centred services in the community or in their home. Demonstrated skills and experience in financial managing of funding. Demonstrated experience in working with people with disability. 13 NDIS Dec 2014 Requirements for new specialist disability providers in SA Requirements for new specialist disability providers in South Australia The National Disability Insurance Agency (NDIA) has worked with the South Australian Government to implement arrangements to ensure that South Australia’s existing statutory and administrative quality assurance and safeguards for children are in place for new and existing providers for the trial of the National Disability Insurance Scheme (NDIS). The arrangements for new providers in South Australia are detailed below. In preparing to register with NDIA providers are advised to review the Provider registration: Guide to Suitability. If the support category requires: registered, approved or compliant with the requirements for registration or approval as a specialist disability service, community care or Home and Community Care provider with Australian, state or territory government in the state or territory in which supports will be provided, quality assurance / management system in compliance with relevant Australian, state or territory government requirements for specialist disability, community care or Home and Community Care providers in the state or territory in which supports will be provided, These Providers will need to apply to the South Australian government to meet the requirements for the Disability Service Provider Panel (DSPP) within the Department of Communities and Social Inclusion. Service providers are able to apply on an ongoing basis; however, membership of the Disability Service Provider Panel will not guarantee funding from either the Department of Communities and Social Inclusion or NDIA. Following approval for membership on the South Australian Disability Service Provider Panel providers can submit their NDIS registration application. This will be an abridged registration based on the provider already meeting the requirements for South Australian Disability Service Provider Panel. All new service providers, including sole practitioners, staff, agents, volunteers, contractors and subcontractors, will be required to undergo a criminal screening assessment through the South Australian Department of Communities and Social Inclusion and be cleared to work with children and vulnerable adults. These requirements apply to the engagement or appointment of new staff, volunteers, agents, contractors and subcontractors. Providers registered with the NDIA who are also registered with the South Australian Disability Service Provider Panel are required to demonstrate how they monitor compliance with the National Standards for Disability Services and have in place a formal quality improvement system such as the Australian Service Excellence Standards (ASES) or equivalent which involves an independent external review every three years. 14 NDIS Dec 2014 Consistent with existing quality frameworks in South Australia, providers delivering supports through NDIA will be encouraged to employ workers who have attained a Cert III in Disability Services as a minimal qualification. Requirements for new specialist disability providers in Tasmania Requirements for new specialist disability providers in Tasmania The NDIA has worked with the Tasmanian Government to implement arrangements to ensure that the existing Tasmanian quality assurance framework, the Quality and Safety Standards for Tasmania’s Department of Health and Human Services for Funded Community Sector will apply to new and existing providers in the trial. In addition Tasmania’s existing statutory safeguards for children and young people will continue to operate throughout the trial subject to the transition to a nationally consistent risk based quality assurance approach in the longer term. The arrangements for new providers in Tasmania are detailed below. In preparing to register with NDIA providers are advised to review the Provider Registration: Guide to Suitability. If the support category requires: registered, approved or compliant with the requirements for registration or approval as a specialist disability service, community care or Home and Community Care provider with Australian, state or territory government in the state or territory in which supports will be provided, quality assurance / management system in compliance with relevant Australian, State or Territory government requirements for specialist disability, community care or Home and Community Care providers in the state or territory in which supports will be provided. The provider needs to meet the Quality and Safety Standards for Tasmania’s Department of Health and Human Services for Funded Community Sector. Following registration new providers of specialist disability support in Tasmania will be required to: Comply with Commonwealth and Tasmanian legislation particularly relevant to quality assurance, safety standards and restrictive practices. Comply with the Quality and Safety Standards Framework for Tasmania’s Department of Health and Human Services (DHHS) Funded Community Sector. DHHS will monitor compliance of the Standards Framework for new providers in conjunction with NDIA. 15 NDIS Dec 2014 New service providers may seek to or be accredited for an agreed equivalent quality management process. DHHS will seek evidence of accreditation/compliance by the service provider of the agreed quality management process. The DHHS Quality and Safety Standards Framework requires organisations to have systems and processes in place to manage and respond to complaints and use the feedback to contribute towards enhancing service delivery. All NDIS support providers in Tasmania will comply with state regulations regarding preemployment screening including National Criminal Checks. Requirements for new specialist disability providers in Victoria Requirements for new specialist disability providers in Victoria The NDIA has worked with the Victorian Government to implement arrangements to ensure that the existing Victorian quality assurance and safeguard framework will apply to new and existing disability support providers in the Barwon Trial. A new provider will submit their registration to NDIA and will confirm their acceptance of the NDIA’s Terms of Business. NDIA will conduct an initial assessment. Where NDIA determines that the organisation is a disability service provider within the definition of the Victorian Disability Act 2006 (the Act), the provider will be directed to apply for registration with the Victorian Department of Human Services. This process requires the completion of the Victorian Department of Human Services registration application and the provision of a self-assessment report and quality improvement plan based on the Victorian Department of Human Services Standards (the Standards). Where appropriate, the Secretary of the Victorian Department of Human Services will grant registration in accordance with the Act. If granted registration the provider must comply with the Act and conditions of registration and comply with all Department of Human Services (Vic) operational policies. This registration will then be considered as meeting the required approvals for the support and NDIA can then finalise the provider’s registration. New providers in Victoria delivering specialist disability services are required to achieve certification/accreditation to the Victorian Department of Human Service Standards with a Victorian Department of Human Services approved independent review body. The first independent review must be undertaken within 12 months of registration. Providers then need to maintain their certification/accreditation with the independent review body and undertake a full certification/accreditation review once every three years. Existing disability service providers delivering services to the Department of Human Services will continue to be registered as required and subject to the Act, the Services Agreement with Department of Human Services and Department of Human Services Operational Policy. All Disability support providers will be expected to comply with Victorian regulations regarding pre-employment screening including National Criminal checks and Working with Children Checks. 16 NDIS Dec 2014 The provider’s registration will be published on the NDIS website with contact details and the supports the provider are registered to provide. The provider’s details will also be included on the public Register of Disability Service Providers maintained by the Department of Human Services and available from its website . Requirements for new specialist disability providers in NSW Requirements for new specialist disability providers in New South Wales The National Disability Insurance Agency (NDIA) has worked with the New South Wales Government to ensure that the existing quality assurance standards and safeguards in New South Wales are available to NDIS participants in the Hunter trial. To ensure that NDIS participants have access to disability support providers who meet the existing NSW quality standards and have access to existing safeguards there are additional requirements for providers who intend to offer disability supports that require the following: registered, approved or compliant with the requirements for registration or approval as a specialist disability service, community care or Home and Community Care provider with Australian, State or Territory government in the State or Territory in which supports will be provided. quality assurance / management system in compliance with relevant Australian, State or Territory government requirements for specialist disability, community care or Home and Community Care providers in the State or Territory in which supports will be provided. New South Wales Quality Assurance and Safeguards Framework In New South Wales these providers are required at the time of application for registration, to undertake a self-assessment to demonstrate the organisation’s capacity to comply with the NSW Disability Services Standards (NSW DSS). Service providers are required to undertake a self-assessment using the NSW Key Performance Indicator (KPI) Guide to demonstrate their capacity to comply with the NSW DSS. NDIA will request that the organisation provide evidence of the self-assessment for the purpose of registration. Within 12 months of registering with the NDIA new providers must attain independent third party verification to confirm organisational performance against the NSW DSS. They will be required to choose a third party verifier that is accredited either by the Joint Accreditation System of Australia and New Zealand (JAS-ANZ) or International Society for Quality in Health Care (ISQua). In the process of conducting the third party verification process, the verifier is encouraged to recognise any recent accreditation/certification of other industry standards and/or audit process undertaken by the organisation as part of assessing compliance with the NSW DSS. Organisations are required to act on the independent feedback received from the third party verifier and implement the actions within three months for any NSW DSS that are met in part or six months for standards that are unmet. On completion of these actions, service providers are required to have their full compliance with the NSW DSS verified by the third 17 NDIS Dec 2014 party verifier to obtain a Verification Statement. This must occur within 12 months of the organisation’s registration with NDIA. Providers are required to provide a copy of their Verification Statement to NDIS. NDIS will also notify the New South Wales Department of Family and Community Services of all registered providers who attain independent verification against the NSW DSS. Providers may also be required to provide NDIA with a full copy of the audit report, if requested by NDIA. People using disability services in New South Wales are also supported by safeguards at the disability service system level as well as general safeguards available to all members of the community. The range of safeguard mechanisms currently in place in New South Wales will continue to support people during the transition to the National Disability Insurance Scheme (NDIS). To ensure appropriate service and system level safeguards, NDIA requires providers delivering supports as identified in the Provider Registration Guide to Suitability Requirements to comply with all relevant legislation, NSW policies and guidelines that provide safeguards to participants in the Hunter trial (Appendix 1) The New South Wales Government has recently approved amendments to the Community Services (Complaints, Reviews and Monitoring) Act 1993 (CRAMA) to facilitate NDIA participants’ access to safeguards under the CRAMA, effective 1 July 2013. Specifically, the effects of the amendments are: NDIA participants will be able to make complaints about service providers to the Ombudsman New South Wales; The Ombudsman New South Wales will be able to monitor and review services provided to NDIS participants; Official Community Visitors will be able to visit NDIS participants living in an accommodation service if in full-time care of a service provider; The death of a NDIS participant living in residential care provided by a NDIS service provider will be reviewed by the Ombudsman New South Wales. Further information on the NSW quality assurance and safeguards framework is available at the NSW government website . 18 NDIS Dec 2014 Appendix 1: Requirements for Providers of Disability Supports Existing ADHC funded and new providers of disability supports as identified at Attachment 5 must ensure that services are provided in compliance with: the Disability Inclusion Act 2014 and Disability Inclusion Regulation 2014 (NSW); all the prevailing laws of NSW and Australia; applicable codes of conduct, professional standards or quality assurance standards; and NSW Disability Services Standards applicable to disability supports. These include the following: Performance Policy Brief Description Who the Policy Applies To Quality Policy NSW Quality Framework for Disability Services is built on the National Quality Framework for Disability Services in Australia and is based on the NSW Disability Service Standards (NSW DSS), which align with the proposed revised National Standards for Disability Services. All providers must: comply with the Ageing, Disability and Home Care (ADHC) Quality Framework Policy; have a quality management system in place; and have their compliance with the NSW Disability Service Standards verified through an independent third party. Existing ADHC funded providers and new disability support providers. URL http://www.adhc.nsw.gov.au/__data/assets/file/0011/256835/Qual ity_Policy_for_Funded_Services_Nov2012.pdf Guidelines NSW Disability Services Standards (NSW DSS) and Standards in action manual Brief Description The NSW Disability Services Standards (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 19 NDIS Dec 2014 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 Policy Applies To Existing ADHC funded providers and new disability support providers. URL http://www.adhc.nsw.gov.au/__data/assets/file/0008/235970/987 _ADHC_Standards_in_action_291112.pdf Governance Policy Governance Brief Services have robust governance arrangements appropriate to the size of the Description organisation to ensure sustainability, viability, efficiency and productivity. Who the Policy Applies to Existing ADHC funded providers and new disability support providers. URL http://www.adhc.nsw.gov.au/__data/assets/file/0009/256833/Governance_Pol icy.pdf Policy Sub Contracting Brief Services who subcontract are required to ensure that subcontracting Description organisations meet all legislative and policy obligations in regard to the services delivered. Who the Policy Applies to Existing ADHC funded providers and new disability support providers. URL http://www.adhc.nsw.gov.au/__data/assets/file/0004/256837/Subcontracting_and_Brokerage_Policy.pdf Probity in Employment Policy Probity in Employment Brief Description Service providers have procedures in place that enable services to assess the integrity, character and honesty of prospective employees, board members, volunteers. All services have in place employment policies and procedures that allow for: 20 NDIS Dec 2014 Policy Probity in Employment Working with Children Checks; At least one referee check and a criminal record check prior to employment and a criminal record check at least once every four years, and conduct these checks for all people who work directly with people with disability in a way that involves face to face or physical contact, including: o employees o volunteers o students undertaking training (other than school students on work experience) o self-employed person, contractor or subcontractor o Board members. Who the Policy Applies To Existing ADHC funded providers and new disability support providers. URL http://www.adhc.nsw.gov.au/about_us/legislation_agreements_pa rtnerships/nsw_disability_inclusion_act Disability Reportable Incidents Scheme Guidelines Disability Reportable Incidents Scheme Brief 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 and 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. Serious unexplained injury of a person with disability. Existing ADHC funded providers and new disability support providers. Who the Policy Applies To URL Notification forms and fact sheets are available on the NSW Ombudsman website www.ombo.nsw.gov.au 21 NDIS Dec 2014 Client Death Legislation Reviewable Deaths – children and young people, and people with disabilities Brief Description 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 or a licensed boarding house must be reported to the Ombudsman. Who the Policy Applies To Existing ADHC funded residential care providers and new disability support residential care providers. URL http://www.ombo.nsw.gov.au/__data/assets/pdf_file/0016/3733/F S_CSD3_ReviewableDeaths.pdf Policy Client Death Brief Description Services must: Report deaths in accordance with legislative requirements and timeframes Co-operate with enquiries from external agencies such as Police, Ombudsman and Coroner Review the circumstances of the death and implement and monitor appropriate actions arising from the review Maintain and store records required to comply with the legislation and this policy Maintain documented procedures for responding to the death of the person that give effect to this policy and meet the principles of this policy. Who the Policy Applies To Existing ADHC funded providers and new disability support providers. URL http://www.adhc.nsw.gov.au/__data/assets/file/0005/228065/Clie nt_death_Policy_and_Procedures_April_2012.pdf Privacy Legislation The Privacy and Personal Information Protection ACT 1998 (NSW) Brief Description Services are required to comply with 12 information protection principles. This includes obligations with respect to data security, data quality (accuracy) and rights of access and amendment to one’s own personal information, as well as how personal 22 NDIS Dec 2014 information may be collected, used and disclosed. Who the Legislation Applies To Existing ADHC funded providers and new disability support providers. URL http://www.austlii.edu.au/au/legis/nsw/consol_act/papipa1998464 / Legislation The Health Records and Information Privacy Act 2002 (NSW) Brief Description Services are required to comply with 15 health privacy principles regarding information about a person’s disability and health/disability services provided to them. The principles cover the entire information ‘life cycle’ but also include some additional principles with respect to anonymity, the use of unique identifiers and the sharing of electronic health records. Who the Legislation Applies To Existing ADHC funded providers and new disability support providers. URL http://www.legislation.nsw.gov.au/maintop/view/inforce/subordleg +327+2005+cd+0+N Legislation The Privacy Code of Practice (General) 2003 Brief Description Allows departure from some privacy principles where an individual lacks capacity. Who the Legislation Applies To Existing ADHC funded providers and new disability support providers. URL http://www.legislation.nsw.gov.au/maintop/view/inforce/subordleg +273+2003+cd+0+N Legislation The Health Records and Information Privacy Code of Practice 2005 (NSW) Brief Description Allows sharing of information with other service providers in limited circumstances. Who the Legislation Applies To Existing ADHC funded providers and new disability support providers. URL http://www.legislation.nsw.gov.au/maintop/view/inforce/subordleg +327+2005+cd+0+N 23 NDIS Dec 2014 Child Protection Policy Child Protection Policy – Responding to Risk of Harm to Children and Young People Brief Description Services are obliged to take reasonable care to protect children and young people against risks of harm that can and should be foreseen. All staff are to make a report to the Child Protection Helpline if they suspect a child or young person is at risk of significant harm. Who the Policy Applies To 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/Chil d_Protection_Policy_Jan_2010_rebranded.pdf Legislation Commission for Children and Young People Act 1998 Brief Description Services are required to notify the Commission for Children and Young People when employment proceedings against an employee involving reportable conduct or an act of violence committed in the course of employment and in the presence of a child, are completed. These are matters where an employer (or professional or other body that supervises the professional conduct of the employee, the subject of the allegation), has found: reportable conduct, or that an act of violence committed by the employee in the course of employment and in the presence of a child has occurred, or there is some evidence it occurred, however the finding is inconclusive. Who the legislation Applies To Existing ADHC funded providers and new disability support providers who provide services to children and young people. URL http://www.legislation.nsw.gov.au/sessionalview/sessional/act/19 98-146.pdf Legislation Child Protection (Working with Children) Act 2012 Brief Description The Child Protection (Working with Children) Act 2012 aims to protect children: by not permitting certain persons to engage in childrelated work, and by requiring persons engaged in child-related work to have working with children check clearances. 24 NDIS Dec 2014 Who the Legislation Applies To A new Working with Children Check will commence on 15 June 2013 and will apply to NDIS registered providers of support who engage workers in child-related work. Existing ADHC funded providers and new disability support providers who provide services to children and young people. URL http://www.legislation.nsw.gov.au/sessionalview/sessional/act/19 98-146.pdf Legislation Ombudsman Act 1974 (NSW)- Employment related child protection Brief Description Services must notify the NSW Ombudsman of allegations against employees that constitute sexual offences, misconduct, assault, ill-treatment, neglect and behaviour that causes psychological harm to children. Designated government and non-government agencies are required to notify the Ombudsman of such allegations arising in the course of the employee’s work or outside their work; whereas all other public authorities are covered by the Act if the allegations arise in the course of the person’s employment with the authority. Who the Legislation Applies To Existing ADHC funded providers and new disability support providers who provide: URL substitute residential care services to children and young people; child care centres or residential child care centres http://www.ombo.nsw.gov.au/what-we-do/our-work/employmentrelated-child-protection Guidelines Child Wellbeing & Child Protection NSW Interagency Guidelines Brief Description The Guidelines outline the legislative framework for cooperative and coordinated work between government agencies, community sector agencies and families in the care and protection of children and young people. The Interagency Guidelines include agencies’ responsibilities to create safe environments and to respond to children and young people whom they suspect to be ‘at risk of harm’. Who the Policy Applies To Existing ADHC funded providers and new disability support providers who provide services to children and young people. URL http://www.community.nsw.gov.au/kts/guidelines/documents/repo rting_section.pdf 25 NDIS Dec 2014 Policy Memorandum of Understanding Between Community Services and Aging, Disability and Home Care on Children and Young People with a Disability Brief Description Sets out the principles services must comply with regarding collaborative assessment, planning and service delivery by Community Services and ADHC in relation to any child or young person with a disability in NSW covered under the MoU. Who the Policy Applies To Existing ADHC funded providers and new disability support providers who provide case management for children and young people in statutory out of home care. URL http://www.community.nsw.gov.au/docswr/_assets/main/lib10004 4/protocol_adhc_comm_serv.pdf Policy Out of Home Care: Policy to guide the provision of out-ofhome care placements for children and young people with a disability Brief Description The policy outlines for services: Who the Policy Applies To URL 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 Best practice principles to guide the provision of out-ofhome care placements Practice guidelines for the establishment and provision of out-of-home care placements for children and young people with a disability. Existing ADHC funded providers and relevant new disability support providers who provide: statutory and supported out-of-home care placements to children and young people with a disability; long-term voluntary out-of-home care placements to children and young people with a disability; or unplanned, crisis placements to children or young people. http://www.adhc.nsw.gov.au/__data/assets/file/0006/254490/OO HC_Policy_-_Internet.pdf Health Policy Health care Brief Description Services ensure that each person with disability, residing in an accommodation service or using a centre based respite service, 26 NDIS Dec 2014 is supported to be as healthy as possible by having an annual health assessment with a General Practitioner and a Health Care Plan that is implemented and reviewed regularly. When there is an observable change in the person’s health or wellbeing, staff support the person to access appropriate health services as soon as possible. Who the Policy Applies To Existing ADHC funded providers and new disability support providers who provide accommodation support services (including group homes and large, medium and small residential centres) and centre-based respite services. URL http://www.adhc.nsw.gov.au/__data/assets/file/0007/228094/Heal th_Care_Policy_and_Procedures_April_2012.pdf Policy Nutrition and Swallowing Brief Description Services ensure that each person with disability residing in an accommodation support service or using a centre based respite centre has an annual nutrition assessment to identify nutrition and swallowing risks and eating and drinking support needs. If the person’s support and nutritional needs change or risks are identified, management plans are developed by appropriate health care professionals for immediate implementation by the service provider. Who the Policy Applies To Existing ADHC funded providers and new disability support providers who provide accommodation support services (including group homes and large, medium and small residential centres) and centre-based respite services. URL http://www.adhc.nsw.gov.au/__data/assets/file/0015/228120/Nutri tion_and_swallowing_policy_and_procedures_Apr_2012.pdf Policy Palliative Care Brief Description Services will support a person with disability who has been diagnosed with a progressive advanced disease or terminal illness to develop, implement and review a palliative care plan. Who the Policy Applies To Existing ADHC funded providers and new disability support providers who provide accommodation support services. URL http://www.adhc.nsw.gov.au/__data/assets/file/0003/228126/Palli ative_Care_Policy_April_2012.pdf Policy Medication Handling in Community-Based Health Services/Residential Facilities in NSW - Guidelines 27 NDIS Dec 2014 Brief Description Guidelines for handling medication. Who the Policy Applies To Existing ADHC funded providers and new disability support providers who provide community based accommodation support services. URL http://www0.health.nsw.gov.au/policies/PD/2005/PD2005_105.ht ml Policy Epilepsy Brief Description Services ensure that all people with epilepsy have an Epilepsy Management Plan that is developed in consultation with a General Practitioner or neurologist and is reviewed at least once a year. A person with epilepsy and ongoing seizures can be at risk of injury during a seizure and regular audits of the person’s environment are required to minimise that risk. Specific risk management strategies are to be implemented for a person with epilepsy and ongoing seizures during any water based activity. Support staff are required to understand their role in responding to a convulsive seizure. Who the Policy Applies To Existing ADHC funded providers and new disability support providers who provide accommodation and respite support services. URL http://www.adhc.nsw.gov.au/__data/assets/file/0011/228089/Epil epsy_Policy_April_2012.pdf Fire Safety Policy Fire Safety Brief Description Services are responsible for ensuring: Who the Policy 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. Existing ADHC funded providers and new disability support 28 NDIS Dec 2014 Policy Fire Safety Applies To providers. URL http://www.adhc.nsw.gov.au/__data/assets/file/0015/251232/AH1 1_98105_TAB_A_Fact_Sheet_-_Fire_Safety__NGO_Premises.pdf Supporting People Policy Behaviour Support Brief Description Minimum requirements for services in providing a behaviour support service to adults, children or young people with an intellectual disability. Who the Policy Applies To Existing ADHC funded providers and new disability support providers. URL http://www.adhc.nsw.gov.au/__data/assets/file/0007/228364/Beh aviour_Support_Policy_March2012_updated.pdf Policy Client Risk Brief Description Services are to ensure that risks to people with disability are identified so that adverse effects on their lifestyle, health and wellbeing and safety can be prevented, minimised or eliminated. Services are required to meet their Work Health and Safety obligations to provide maximum safety for the person with disability, support staff, management, contractors, volunteers and others, whatever the situation or location. Who the Policy Applies To Existing ADHC funded providers and new disability support providers. URL http://www.adhc.nsw.gov.au/__data/assets/file/0009/228078/Clie nt_Risk_Policy_and_Procedures_Apr_2012.pdf Policy Abuse and Neglect Brief Description Services are obliged to prevent abuse and neglect to a person in the first instance. When prevention strategies fail to protect the person, services are to recognise, respond to and report any form of abuse and neglect as appropriate. Wherever possible, people with disability are supported to understand when they are being abused and to know how to report it to the right authority. Who the Policy Existing ADHC funded providers and new disability support 29 NDIS Dec 2014 Applies To providers URL http://www.adhc.nsw.gov.au/__data/assets/file/0020/228062/Abu se_and_Neglect_Policy_Apr_2012.pdf Policy Decision Making and Consent Brief Description Services are required to involve the person in all decisions that affect the person’s life. No other person can make decisions for a person who is 16 years and older except when the person lacks capacity to make some decisions. Services will support people to make their own decisions and family and others provide informal decision making support where it is needed. A guardian with a specific decision making function is legally appointed to make critical decisions, for example, choosing accommodation. Who the Policy Applies To Existing ADHC funded providers and new disability support providers. URL http://www.adhc.nsw.gov.au/__data/assets/file/0006/228084/Deci sion_Making_and_Consent_Policy_and_Procedures_Apr_2012.p df Legislation Community Services (Complaints, Reviews and Monitoring) Act 1993 (CRAMA) No 2 Brief Description NSW Government has approved amendments to the Community Services (Complaints, Reviews and Monitoring) Act 1993 (CRAMA) to facilitate NDIS participants’ access to safeguards under the CRAMA including: NDIS participants will be able to make complaints about service providers to the Ombudsman New South Wales; The Ombudsman New South Wales will be able to monitor and review services provided to NDIS participants; Official Community Visitors will be able to visit NDIS participants living in an accommodation service if in full-time care of a service provider; The death of a NDIS participant living in residential care provided by a NDIS service provider will be reviewed by the Ombudsman New South Wales. Who the Policy Applies To Existing ADHC funded providers and new disability support providers. URL http://www.adhc.nsw.gov.au/about_us/legislation_agreements_pa rtnerships 30 NDIS Dec 2014 Requirements for new specialist disability providers in the ACT Requirements for new specialist disability providers in the ACT The National Disability Insurance Agency (NDIA) has worked with the ACT Government to ensure that the existing quality assurance standards and safeguards in the ACT are available to NDIS participants in the trial. To ensure that NDIS participants have access to disability support providers who meet the existing ACT quality standards and have access to existing safeguards there are additional requirements for providers who intend to offer disability supports that require the following: registered, approved or compliant with the requirements for registration or approval as a specialist disability service, community care or Home and Community Care provider with Australian, State or Territory government in the State or Territory in which supports will be provided. quality assurance / management system in compliance with relevant Australian, State or Territory government requirements for specialist disability, community care or Home and Community Care providers in the State or Territory in which supports will be provided. Existing safeguards as currently applied through contracts with the ACT Government will continue to operate within the ACT through trial implementation, for all specialist disability service providers through amendment to the Disability Services Act 1991. The ACT government is undertaking legislative amendment to ensure that current quality assurance and safeguarding obligations contained in contracts are able to transition into the NDIS trial environment. The legislative amendment raises obligations for providers into a legal framework as the Government progressively phases out contracts through the transition to the NDIS Through the trial, new providers will be required to register with the NDIS and: • Comply with Commonwealth and ACT legislation particularly relevant to quality assurance, safety standards and restrictive practices. • New service providers must comply with the existing Quality and Safeguards Framework for the ACT. The monitoring of compliance against the Standards Framework for new providers during trial will be the responsibility of the ACT Government. • Ensure Staff and volunteers have undergone a Working With Vulnerable People Check (WWVPC) and registration in order to be engaged in the role by the end of 2014. • Have a written Child Protection policy detailing: • Voluntary and Mandatory reporting requirements; 31 NDIS Dec 2014 • Training available to help staff for the purposes of the Act; and avenues of assistance that staff can access to help them to comply with the Act 32 NDIS Dec 2014