Provider Registration Guide to suitability requirements

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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.
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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 ............ Error!
Bookmark not defined.
Supporting People ................................................................. Error! Bookmark not defined.
Requirements for new specialist disability providers in the ACT ............................................. 31
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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.
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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.
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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
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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
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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.
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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
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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
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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
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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
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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
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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.
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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.
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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.
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
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.
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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
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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 .
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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
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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:
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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
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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
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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
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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.
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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
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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,
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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
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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
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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
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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
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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;
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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
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NDIS Dec 2014
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