Provider Registration Guide to suitability requirements The following table lists the criteria used to assess suitability to provide supports. The NDIS has a catalogue of support items that can be funded. The support items have been grouped into ‘support clusters’ to help simplify the registration process so that you do not have to register for individual support items. Contents Provider Registration Guide to suitability requirements ........................................................... 1 Specialist Disability Services Support Clusters ............................................................................. 2 Specialised support clusters: support co-ordination and funding management ............................. 4 Training and skill development support clusters ........................................................................... 5 Professional support clusters ....................................................................................................... 6 Non-specialist services support clusters ....................................................................................... 9 Assistive technology and equipment clusters ............................................................................. 10 Home and vehicle modification support clusters ......................................................................... 12 State & Territory Requirements for Specialist Disability Providers .............................................. 13 Requirements for new specialist disability providers in South Australia .................................. 13 Requirements for new and existing specialist disability providers in Tasmania ....................... 14 Requirements for new specialist disability providers in Tasmania ........................................... 14 Requirements for specialist disability providers in Victoria ...................................................... 17 Requirements for new specialist disability providers in ACT ................................................... 20 Requirements for new specialist disability providers in New South Wales .............................. 21 Appendix 1: Requirements for providers of disability supports............................................. 23 Specialist Disability Services Support Clusters Providers wishing to register for Specialist Disability Support Clusters must: Be 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. This includes Quality Assurance / Management systems compliance. The NDIA will liaise with the states and territories to verify providers already funded as Specialist Disability Providers, however, including evidence of existing approvals in your application will help fast track the process. New providers or providers wishing to expand their services should refer to the state requirements for new providers in this document. Submit evidence of a successful 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. For larger organisations employing multiple staff and/ or contractors, please submit evidence of the process to ensure 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. Support Cluster Provider Portal Name: Assist Access/Maintain Employ Professions Evidence of experience Rehabilitation Counsellor Disability Support Worker Please provide details of delivery of delivery of person centred services in the community or in the home and working with people with disability seeking employment, training for employment, or building and delivering sustainable employment opportunities. Disability Support Worker Teacher Integration Aid Please provide details working with children with disability in an educational setting. Assistance to access and maintain employment Workplace assistance enables a participant to successfully obtain and/or retain employment in the open or supported labour market. Provider Portal Support Cluster Name: Assist-Integrate School/Ed Assistance to integrate into school or other educational program This support cluster incorporates assistance to enable a participant to attend and participate in school or educational programs. March 2015 Capacity Requirements Evidence of: Facilities and Equipment Financial Viability Quality Assurance Risk Management Specialist Disability Service State Approval National Police Check Working with Children / Vulnerable people check Facilities and Equipment Financial Viability Quality Assurance Risk Management Specialist Disability Service State Approval National Police Check Working with Children / Vulnerable people check Page 2 Support Cluster Professions Evidence of experience Provider Portal Name: Assist-Personal Activities Disability Support Worker Welfare worker Assistance with daily personal activities Assisting with and/or supervising personal tasks of daily life to enable the participant to live as autonomously as possible. These individual supports and can be provided in a range of environments, including but not limited to, the participant’s own home. Provider Portal Name: Daily Tasks/Shared Living Please provide details of delivery of person centred services in the community or in the home and delivery of supports to assist people with disability with development of their skills and abilities. Disability Support Worker Welfare worker Please provide details of delivery of person centred services in the community or in the home and delivery of supports to assist people with disability with development of their skills and abilities. Facilities and Equipment Financial Viability Quality Assurance Risk Management Specialist Disability Service State Approval National Police Check Working with Children / Vulnerable people check Disability Support Worker Welfare Worker Please provide details of experience in delivery of person centred services in the community or in the home and in the delivery of supports to assist people with disability with development of their skills and abilities. Complaints Process Facilities and Equipment Financial Viability Quality Assurance Risk Management Specialist Disability Service State Approval National Police Check Working with Children / Vulnerable people check Assistance with daily life tasks in a group or shared living arrangement This support cluster incorporates assistance with and/or supervising tasks of daily life in a shared living environment, which is either temporary or ongoing, with a focus on developing the skills of each individual to live as autonomously as possible Provider Portal Name: Participate Community Participation in community, social and civic activities Assisting participants to participate actively in community, social and civic activities; includes supporting participants during these activities, and developing participants’ ability to partake in these activities. March 2015 Capacity Requirements Evidence of: Facilities and Equipment Financial Viability Quality Assurance Risk Management Specialist Disability Service State Approval National Police Check Working with Children / Vulnerable people check Page 3 Specialised support clusters: support co-ordination and funding management If delivering support co-ordination and funding management clusters solely as a Specialist Disability Service, providers must 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. Please see the state requirements in this document. Support Cluster Provider Portal Name: Assist-Life Stage, Transition Professions Disability Support Worker Occupational Therapist Social Worker Assistance in coordinating or managing life stages, transitions and supports This cluster includes short and long-term supports that focus on strengthening the participant’s ability to coordinate their supports, and to assist them to live at home and participate in their community. Provider Portal Name: Plan Management Management of funding for supports in participants plan This support focuses on strengthening the participant’s ability to undertake tasks associated with the management of their supports. Plan management is the financial management of the plan supports including making payments to providers, expense claims processing, developing monthly statements for participants and claiming for payment from NDIA. March 2015 Evidence of experience Please provide details of delivery of person centred services in the community or in their home. For peer support – lived experience of disability or mental illness and relevant experiences and skills or training to perform this activity Capacity Requirements Evidence of: Risk Management Specialist Disability Service State Approval National Police Check Working with Children / Vulnerable people check IF Diploma in Disability Services studies provide details of at least two years of experience Disability Support Worker Accountant/Bookkeeper IF Certificate III in Disability Services provide details of substantial years of relevant experience and specialist skills sufficient to perform these activities Please provide details of skills and experience in financial management of funding and working with people with disability. Financial Viability Insurance Risk Management Specialist Disability Service State Approval National Police Check Working with Children / Vulnerable people check Page 4 Training and skill development support clusters If delivering training and skill development support clusters solely as a Specialist Disability Service, providers must be registered or approved or compliant with the requirements for registration or approval as a Specialist Disability Service with Australian, state or territory government in the state or territory in which supports will be provided. Please see the state requirements in this document. Support Cluster Professions Evidence of experience Provider Portal Name: Development-Life Skills Disability Support Worker Welfare worker Please provide details of experience in providing training and supports to people with disability. Development of daily living and life skills Development of daily living and life skills focuses on training and development activities undertaken by the participant or their carer to increase their ability to live as autonomously as possible. Provider Portal Name: Training-Travel Independence Disability Support Worker Welfare Worker Please provide details of experience in providing training and supports to people with disability. Training for independence in travel and transport Supports in this cluster focus on assisting the participant with specific skills development that will enhance the ability of the participant to travel and use public transport independently. This includes training in driving, using adapted equipment or vehicle modification. March 2015 Capacity Requirements Evidence of: Complaints Process Facilities and Equipment Insurance Specialist Disability Service State Approval National Police Check Working with Children / Vulnerable people check Complaints Process Facilities and Equipment Insurance Specialist Disability Service State Approval National Police Check Working with Children / Vulnerable people check Page 5 Professional support clusters If delivering professional support clusters solely as a Specialist Disability Service, providers 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. Please see the state requirements in this document. Support Cluster Provider Portal Name: Assess-Skill, Ability, Needs Specialised assessment of skills, abilities and needs This cluster is the provision of specialised assessment where the participant may have complex or unclear needs or requires long term and/or intensive supports. Provider Portal Name: Behaviour support Professions Community nursing care for high needs This is the provision of specialist care for participants who have high care needs. This involves support from a person with a high level of training to respond to the participant’s complex needs. March 2015 Capacity Requirements Evidence of: Facilities and Equipment National Police Check Working with Children / Vulnerable people check Registered Nurse Occupational Therapist Orthoptist Podiatrist Psychologist Physiotherapist Social Worker Speech and Language Pathologist Occupational Therapist Registered Psychologist Social Worker Provide details of ongoing professional / clinician supervision and development in place. Details of experience of staff (minimum 2 years) working with people with disability who have challenging behaviours. AND Provide details of ongoing professional / clinician supervision and development in place. Specialist Disability Service State Approval National Police Check Working with Children / Vulnerable people check Registered Nurse Provide details of ongoing professional / clinician supervision and development in place. Facilities and Equipment Specialist Disability Service State Approval National Police Check Working with Children / Vulnerable people check Behaviour support includes a plan developed that aims to limit the likelihood of behaviours of concern developing and /or increasing. Provider Portal Name: Community Nursing Care Evidence of experience Page 6 Support Cluster Provider Portal Name: Early Childhood Supports Early intervention supports for early childhood Provision of a mix of therapies, and a key worker for the family. Provider Portal Name: Equipment Special Assess Setup Assistive technology specialist assessment, set up and training This includes assistance to a participant by skilled personnel in aids or equipment assessment, set up and training. March 2015 Professions Occupational Therapist Psychologist Physiotherapist Social Worker Speech and Language Pathologist Teacher Audiologist Audiometrist Dietician Registered Nurse Occupational Therapist Occupational Therapist (with driver assessment qualification) Orthoptist Orthotics Pedorthist Physiotherapist Podiatrist Prosthetics Rehabilitation Engineer Speech and Language Pathologist Evidence of experience Please provide details of ongoing professional development in place. AND Experience in early childhood interventions with children with disability AND Experience in providing service within a trans disciplinary framework. Please provide details of experience relevant to the specific technology you wish to provide assessment, set up and training of: Home Enteral Nutrition Hearing devices Communication equipment Continence products Vision equipment Household management equipment Transfer equipment Home modification and access design Orthotic selection and/or manufacture Prosthetic selection and manufacture Mobility equipment Specialised seating Computer and other technology Environment control unit Capacity Requirements Evidence of: Complaints Process Facilities and Equipment Specialist Disability Service State Approval National Police Check Working with Children / Vulnerable people check National Police Check Working with Children / Vulnerable people check Page 7 Support Cluster Provider Portal Name: Therapeutic supports Therapeutic supports are provided to assist the participant to apply their functional skills to improve participation and independence in daily, practical activities in areas such as Language and communication, Personal care, Mobility and movement, Interpersonal interactions and Community living. Provider Portal Name: Physical Wellbeing Physical wellbeing activities Physical wellbeing activities promote and encourage physical well-being, including exercise and healthy diets. Provider Portal Name: Interpret/Translate Interpreting and translation Interpreting and translation focuses on assistance to the participant to enable independent communication in essential personal, social or community activities where translation is not available from a mainstream service. March 2015 Professions Evidence of experience Capacity Requirements Evidence of: Facilities and Equipment Specialist Disability Service State Approval National Police Check Working with Children / Vulnerable people check Art Therapist Counsellor Music Therapist Registered Nurse Occupational Therapist Orthoptist Podiatrist Psychologist Physiotherapist Social Worker Speech and Language Pathologist Exercise Physiologist Dietician Personal Trainer Provide details of ongoing professional / clinician supervision and development in place. Please provide details of experience working with people with disability relevant to this support. Complaints Process Facilities and Equipment Insurance National Police Check Working with Children / Vulnerable people check Interpreter/Translator Please provide details of experience relevant to this support Complaints Process Insurance National Police Check Working with Children / Vulnerable people check Page 8 Non-specialist services support clusters Support Cluster Provider Portal Name: Accommodation/Tenancy Accommodation/Tenancy assistance Includes support for a participant to ensure that they obtain or retain appropriate accommodation. This can include guidance or undertaking work on a participant’s behalf. Provider Portal Name: Assist-Travel/Transport Assistance with travel/transport arrangements This focuses on the provision of transport to enable participation in community, social, economic and daily life activities. This includes, but is not limited to, taxis and other community transport arrangements. Provider Portal Name: Household tasks Household tasks enable the participant to maintain their home environment. This may involve undertaking essential household tasks that the participant is not able to undertake. March 2015 Professions Evidence of experience Social Worker Welfare Worker Disability Support Worker Please provide details of experience working with people with disability relevant to this support Capacity Requirements Evidence of: Complaints Process Facilities and Equipment Insurance National Police Check Working with Children / Vulnerable people check Please provide details of experience working with people with disability relevant to this support. Complaints Process Facilities and Equipment Insurance National Police Check Working with Children / Vulnerable people check Relevant Licences Please provide details of experience related the services you intend to provide (meal preparation and delivery, house maintenance, yard maintenance, cleaning and linen). Complaints Process Facilities and Equipment Insurance National Police Check Working with Children / Vulnerable people check Food Services State Requirement Compliance (if providing food services) May require Specialist Disability Service State Approval Page 9 Assistive technology and equipment clusters Support Cluster Provider Portal Name: Assistive Equip-Recreation Assistive equipment for recreation This includes aids and equipment used in competitive and non-competitive sports and other recreational pursuits. Provider Portal Name: Assistive Prod-Household Task Assistive products for household tasks Aids and equipment to enable participants to undertake cooking, cleaning, washing, home maintenance and other tasks. Provider Portal Name: Assist Prod-Pers Care/Safety Assistive products for personal care and safety Aids and equipment for personal care or safety including beds and pressure mattresses, toilet and bathroom equipment, specialised clothing and continence needs. Provider Portal Name: Comms & Info Equipment Communication and information equipment This comprises of aids and equipment to assist participants with alternate communication or to access written or spoken communication via electronic or other means. Some communication equipment can only be prescribed by health professionals (Speech pathology, Audiology, Occupational Therapy). March 2015 Professions Evidence of experience Please provide details of experience working with people with disability in providing assistive equipment for recreation Capacity Requirements Evidence of: Compliance with Therapeutic Goods / Australian Standards Please provide details of experience working with people with disability in providing assistive products for household tasks Compliance with Therapeutic Goods / Australian Standards Please provide details of experience working with people with disability in providing assistive products for personal care and safety Compliance with Therapeutic Goods / Australian Standards Please provide details of experience working with people with disability in providing communication and information equipment Compliance with Therapeutic Goods / Australian Standards National Police Check Working with Children / Vulnerable people check Page 10 Support Cluster Provider Portal Name: Hearing Equipment Assistive products for hearing Wearable hearing aids, cochlear implants etc can only be provided by approved hearing health professionals Provider Portal Name: Personal mobility equipment This includes equipment to assist participants to move around their home or the community, such as equipment for walking, wheelchairs and transfer aids. Provider Portal Name: Vision Equipment Assistive products for vision Products for navigation, orientation, braille, guide dogs, magnifiers and note taking equipment. March 2015 Professions Evidence of experience Please provide details of experience working with people with disability in providing assistive products for hearing Capacity Requirements Evidence of: Compliance with Therapeutic Goods / Australian Standards Please provide details of experience working with people with disability in providing personal mobility equipment Compliance with Therapeutic Goods / Australian standards Please provide details of experience working with people with disability in providing assistive products for vision Compliance with Therapeutic Goods / Australian Standards Page 11 Home and vehicle modification support clusters Providers must provide evidence of current accreditation or licensing by the relevant State or territory Authority to undertake building, engineering or mechanical work. Support Cluster Provider Portal Name: Home Modification Home modification design and construction This cluster incorporates design and subsequent changes to the participant’s home. Home modification design and construction includes installation of equipment or changes to building structures, fixture or fittings to enable participants to live as independently as possible or to live safely at home. Provider Portal Name: Vehicle modifications Vehicle modifications include the installation of, or changes to, equipment in a vehicle to enable a participant to travel safely as a passenger or to drive. March 2015 Professions Evidence of experience Architect Builder Building Inspector / Works Assessor Building Surveyor Building Work Supervisor Building Work Project Manager Carpenter / Joiner Electrician Plumber / Gas Fitter / Drainer Tiler Occupational Therapist Please demonstrate how your service responds to 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. Please demonstrate your understanding of how modified vehicles need to comply with Australian Design Rules, Australian Standards and State Engineering Certification and registration requirements. Capacity Requirements Evidence of: Complaints Process National Police Check Working with Children / Vulnerable people check Page 12 State & Territory Requirements for Specialist Disability Providers 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. 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. March 2015 Requirements for new and existing specialist disability providers in Tasmania The NDIA has worked with the Tasmanian Government’s Department of Health and Human Services (DHHS) to implement arrangements to ensure that the existing Tasmanian quality assurance framework, The Quality and Safety Standards Framework for Tasmania’s DHSS Funded Community Sector Organisations, is applied to new and existing providers for the NDIS trial subject to the transition to a nationally consistent risk based quality assurance approach in the longer term. In addition, Tasmania’s existing statutory safeguards for children and young people will continue to operate throughout the trial period. The DHHS Quality and Safety Standards Framework requires organisations to have systems and processes in place to manage and respond to complaints and use feedback to contribute towards enhancing service delivery. All NDIS support providers in Tasmania will comply with state regulations regarding pre-employment screening including National Criminal Checks. Details of the specific arrangements for new and existing providers in Tasmania are below. Requirements for new specialist disability providers in Tasmania “New” community sector service providers are those who are: not currently funded by DHHS; or currently funded by DHHS, but who are seeking to deliver substantially different services from what they were originally contracted to provide (i.e. currently providing Population Health programs and they now wish to provide Disability Services). In preparing to register with the NDIA new providers are advised to review the NDIA’s Provider Registration: Guide to suitability requirements. Some support categories listed in the guide require providers: to be 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 the Australian, State or Territory government in the state or territory in which supports will be provided, and to have a quality assurance / management system in compliance with the 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. All new community sector service providers seeking to operate within Tasmania must complete a ‘due diligence assessment’ before they are authorised to deliver services funded by the DHHS; and/or register with the National Disability Insurance Agency (NDIA), prior to 2019. March 2015 A completed due diligence assessment by DHHS is required before NDIA can register providers for the following support clusters: Assistance with daily personal activities; 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; Assistance to access and maintain employment; Development of daily living and life skills; Accommodation/Tenancy assistance; Development of daily living and life skills; Training for independence in travel and transport; Management of funding for supports in a participant's plan*; and Assistance in coordinating or managing life stages, transitions and supports *There are exemptions for this cluster for some Commonwealth Funded Service Providers. New providers requesting registration to provide any ‘disability specific’ support clusters listed above must lodge an Application Form for the Registration of Providers with the NDIA in accordance with the NDIA’s Provider Registration procedures. Upon receipt of the registration form, the NDIA will refer the request to the DHHS for consideration, if appropriate. The DHHS may then contact the provider to complete relevant Quality and Safety and Due Diligence checks. DHHS will subsequently advise the NDIA and the Provider of the outcome of these checks and the NDIA will complete the NDIA’s Provider Registration process accordingly. Following registration new providers of specialist disability supports 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 DHHS Funded Community Sector. Requirements for existing DHHS funded disability providers in Tasmania Existing DHHS funded providers who have been approved by DHHS to deliver any of the disability specific support clusters listed above are accepted by the NDIA as compliant with DHHS’s Quality and Safety Standards and Due Diligence requirements and can seek NDIA registration without further referral to the DHHS. Existing DHHS funded providers seeking to deliver substantially different services from what they were originally contracted by DHHS to provide will be referred to DHHS for approval. DHHS may contact the provider to complete further Quality and Safety and Due Diligence checks at their discretion. NDIA will complete the provider registration process for the additional support on receipt of advice from DHHS. The following flowchart outlines the current processes that DHHS follow when undertaking their Quality and Safety Standards and Due Diligence checks for new providers and existing providers seeking to register additional supports: March 2015 DHHS Provider Registration Flow Chart during the NDIS trial in Tasmania 24 Hours SIT refers request to relevant Area Manager 48 Hours 48 Hours NDIA refers request to SIT NDIA reviews and as needed, refers to SIT 24 Hours DHHS funded providers seeking to register additional supports must obtain approval from the NDIA New providers are required to seek registration from the NDIA SIT provides advice regarding suitability based on current service delivery 3 unsuccessful attempts by CPT to contact provider (within 2 week period) 24 Hours CPT contact provider to complete the QS & DD Checklist SIT refers to CPT to complete QS & DD 3 Weeks 48 Hours Area Manager refers to relevant CPT 3 Weeks OR CPT contacts provider to complete the QS & DD Checklist Refer to SIT SIT advises the NDIA The NDIA inform provider of decision March 2015 1 Week SIT receive approval from Director Information received Recommendation made to Director and copy to SIT 72 Hours 1 Week Recommendation made to Director and copy to SIT 72 Hours Information received SIT receive approval from Director Existing DHHS funded providers are accepted as compliant and can register as a NDIS provider Requirements for specialist disability providers in Victoria The NDIA has worked with the Victorian Government to ensure that the existing Victorian quality assurance and safeguard framework will apply to new and existing disability support providers in the NDIS Trial. Registration Process – New Specialist Disability Providers 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 an organisation is a disability service provider within the definition of the Victorian Disability Act 2006 (the Act), the NDIA will ask for evidence of registration with the Victorian Department of Health and Human Services. To apply for registration with the Victorian Department of Health and Human Services, the provider must complete and submit the Victorian Department of Health and Human Services registration application and self-assessment report and quality improvement plan based on the gazetted Victorian Department of Health and Human Services Standards (the Human Services Standards). Where appropriate, the Secretary of the Victorian Department of Health and Human Services will grant registration in accordance with the Act. If granted registration the provider must comply with the Act and conditions of registration including the applicable Department of Health and Human Services (Vic) operational policies. To maintain registration under the Act, providers are required, at their own expense, to achieve certification/accreditation to the Human Service Standards with a Victorian Department of Health and Human Services approved independent review body. The first independent review must be completed within 12 months of registration Providers must maintain their certification/accreditation with the independent review body by undertaking mid-cycle audits and undertake a full certification/accreditation review once in every three-year period. The provider’s details will also be included on the public Register of Disability Service Providers maintained by the Department of Health and Human Services and available from its website. Registration Process – Existing Specialist Disability Providers Existing disability service providers that previously delivered services through a service agreement with the Department of Health and Human Services (formerly Department of Human Services), that will transition to NDIS, will continue to be registered as required and subject to the Act, and Department of Health and Human Services operational policies. However, as the organisation will no longer hold a service agreement for these activities, the Department of Health and Human Services will impose conditions on the registration (specifically the policies previously imposed through a service agreement). All Disability support providers will be expected to comply with Victorian regulations regarding preemployment screening including National Criminal Records checks, Working with Children Checks and, where residential services are offered, the Disability Worker Exclusion Scheme (refer to the FAQs below). The provider’s details will be included on the public Register of Disability Service Providers, to reflect registration for NDIS purposes, maintained by the Department of Health and Human Services and available from its website . March 2015 Registration Process – Existing Department of Health and Human Services providers Where an organisation holds a service agreement with the Department of Health and Human Services for activities other than disability services, and applies for NDIA supports, the organisation may be required to undertake an abridged process to register under the Act. For example, a selfassessment may not be required if an independent review has been undertaken of the services funded under the service agreement. The organisation will be required to comply with the Act and conditions of registration. Frequently Asked Questions Where can I find more information for Victorian providers wanting to register under the Act for NDIA purposes? You can find more information about the requirements at: http://www.dhs.vic.gov.au/about-thedepartment/documents-and-resources/policies,-guidelines-and-legislation/national-disability-insuranceagency-disability-service-providers How do I know if I am New or Existing? New providers do not have a service agreement with the Department of Health and Human Services or do not have any registration under the Victorian Disability Act 2006. If I am an existing provider, what changes for me? Your organisation will still be required to comply with the terms of its service agreement for those activities specified. Your organisation will still be required to comply with the policies in the launch services, through the conditions of registration attached to your organisation’s registration under the (Victorian) Disability Act 2006. What do the conditions of registration cover? A complete list of the conditions of registration for is available from the Department of Health and Human Services website. They cover the following: Registration policy Department of Health and Human Services Standards policy Critical incident reporting policy Responding to allegations of physical or sexual assault policy Fire risk management guidelines Emergency preparedness policy Systematic improvement policy and procedures (formerly Adverse event management guidelines) Safety screening policy Complaints management policy. Where can I find out information about the (Vic) Disability Worker Exclusion Scheme? http://www.dhs.vic.gov.au/about-the-department/plans,-programs-and-projects/projects-andinitiatives/disability-services/disability-worker-exclusion-scheme If I am registered under the Disability Act for NDIA purposes, is my organisation eligible for a service agreement with the Department of Health and Human Services? Organisations must contact their local Department of Health and Human Services office to discuss funding. DHSS advertises tender opportunities on the Tenders Victoria website. March 2015 Which support clusters require registration with the Department of Health and Human Services? NDIS Support Cluster Department of Health and Human Services Registration Required. Management of funding for supports in participants plan Yes Accommodation/Tenancy assistance Yes Assistance in coordinating or managing life stages, transitions and supports Assistance to access and maintain employment Assistance to integrate into school or other educational program Assistance with daily life tasks in a group or shared living arrangement Assistance with daily personal activities Assistance with travel/transport arrangements Assistive equipment for general tasks and demands Assistive equipment for leisure Assistive equipment for recreation Assistive products for hearing Assistive products for household tasks Assistive products for personal care and safety Assistive products for vision Assistive technology specialist assessment, set up and training Behaviour support Communication and information equipment Community nursing care for high needs Development of daily living and life skills Early intervention supports for early childhood Home modification design and construction Household tasks Interpreting and translation Other innovative supports Participation in community, social and civic activities Personal mobility equipment Physical wellbeing activities Specialised assessment of skills, abilities and needs Therapeutic supports Training for independence in travel and transport Vehicle modifications Yes Yes Yes Yes Yes Yes No No No No No No No No Yes No No Yes No No Yes*** No No Yes No No No Yes Yes No ***where a provider is considered to be a universal service, and does not meet the definition of a disability service provider as defined by the (Vic) Disability Act 2006, registration under that Act may not be required. March 2015 Requirements for new specialist disability providers in 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; 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 March 2015 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 selfassessment 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 selfassessment 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 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 March 2015 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. March 2015 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 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 March 2015 _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: March 2015 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. Policy Probity in Employment 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 March 2015 Notification forms and fact sheets are available on the NSW Ombudsman website www.ombo.nsw.gov.au 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 information may be collected, used and disclosed. Who the Legislation Existing ADHC funded providers and new disability support March 2015 Applies To 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 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 March 2015 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: Who the Legislation Applies To URL March 2015 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. 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. 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 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. March 2015 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, 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 March 2015 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 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 March 2015 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: 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. Who the Policy Applies To Existing ADHC funded providers and new disability support 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 March 2015 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 Applies To Existing ADHC funded providers and new disability support 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 March 2015 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 March 2015