Ask DSC: What do independent support workers need in order to work in the sector?

Question: What qualifications/ registrations/ insurance do I need to enter the sector as an independent, unregistered disability support worker?

More and more disability support workers are deciding to branch out on their own and operate independently. However, there is a lot of confusion about the compliance, quality and legal requirements for sole traders not registered with the NDIS Commission. So your question is one that we get a lot.

As an independent disability support worker, you take on a high level of responsibility and navigate a very regulated sector - all on your own. So, you need to do your homework. Let’s take a look at what that entails.

NDIS Code of Conduct

Anyone who provides NDIS-funded supports and services must follow the NDIS Code of Conduct (the Code).

This includes to respect and uphold rights, act with integrity, honesty and transparency and to take steps to safeguard people who you support.

For further details and a copy of the Code, go to NDIS Code of Conduct | NDIS Quality and Safeguards Commission.

Training

The Code requires that all workers provide supports and services ‘in a safe and competent manner with care and skill.’ This means having the training, qualifications and expertise relevant for the role.

Any additional training you might complete would depend on your specific work tasks and the types of supports and services you are providing.

If you want to explore registration with the NDIS Commission down the track, you and any future employees will need to complete the NDIS Worker Orientation - Quality, Safety and You, which consists of four modules and takes approximately 90 minutes: Worker training modules | NDIS Quality and Safeguards Commission. Registered providers also need to complete training in Infection Prevention and Control, Incident Management and Complaints Management.

Worker Screening

Worker screening checks assess whether a worker is likely to pose any risk to NDIS participants. Worker screening is essential for registered providers. However, unregistered providers like yourself can still get a worker’s screening clearance. You may find that some participants you support request that you obtain one.

The worker screening check is completed by the state or territory government, and the NDIS Commission manage the database. Which is confusing, we know!

To complete an NDIS worker screening application you need to nominate an employer. So a sole trader must first set up a PRODA account, through Services Australia at PRODA (Provider Digital Access) | Services Australia. Then log into the applications page at NDIS Quality and Safeguards Commission. Once the Commission has your details then you are to go to the relevant state or territory agency, and apply for the worker screening check, using the organisation name that you provided to the Commission.

The NDIS Commission Worker Screening webpage Worker screening | NDIS Quality and Safeguards Commission has further information, including on how an unregistered provider can set up an account and access the database. It also has links for each of the state and territory agencies that complete the checks.

If you work with children, you will also need to obtain the Working with Children Check. Again, this is completed at the state or territory level, so check the requirements for your jurisdiction. States and territories also have different requirements for reporting suspected and confirmed incidents of abuse and neglect of children. You will need to ensure you are across the requirements in your jurisdiction.

Incident and complaints management

The Code requires that you raise and act on concerns about matters that might impact the quality and safety of support provided to participants. You also need to prevent and respond to allegations and incidents of violence, exploitation, neglect, abuse and sexual misconduct. So you’ll need to set up a system to receive, record and manage any allegations and incidents.

You must also have a process for responding to and resolving complaints. This includes ensuring that participants are supported to understand how to make a complaint to you or the NDIS Commission.

The NDIS have developed information guides, which are available at: Provider and participant packs | NDIS Quality and Safeguards Commission

If you explore registration in the future, you will also need to follow the requirements set out in the NDIS Standards and the relevant rules. This includes notifying the NDIS Commission of reportable incidents.

Data security

The NDIS Code of Conduct requires that you respect participants’ privacy.

If you are handling participants' health information, including information about a person’s disability, or you provide allied health services, then you must also comply with the Commonwealth Privacy Act. Refer to the Office of the Australian Information Commissioner for further information at Australian Privacy Principles | OAIC.

Running your own business

Firstly, you will need to decide whether you would like to operate as a sole trader or as a company. A taxation accountant can assist you in deciding what best suits you.

You will need to have an Australian Business Number (ABN). This is a number that the government assigns to each business. To obtain one and for further information, go to the Australian Business Register at Applying for an ABN | ABR.

Payments for supports and services funded by the NDIS are exempt from goods and services tax (GST). However, if you wish to also work outside of the NDIS, then you may be required to claim GST. In which case, you will need to be registered for GST. For further details about applying to be registered for GST, go to Registering for GST | Australian Taxation Office.

We would suggest that it is wise to consider getting good insurance. Registered providers are also required to have insurance coverage for professional liability, public liability and accident insurance, and we would suggest it’s wise for unregistered providers too. We go into insurance coverage in more detail here: Ask DSC: what insurance do I need as a registered NDIS provider? | Team DSC

Finally, look into what NDIS does and doesn’t fund and how you will be paid. Refer to Supports funded by the NDIS | NDIS.

There have been a lot of changes in the NDIS landscape, and this doesn’t look like it will be ending anytime soon. This includes that all providers may be required to be registered. So keep up to date by signing up for updates and newsletters from the NDIS at NDIS Newsletter Signup Page, the NDIS Commission at News and events | NDIS Quality and Safeguards Commission and (of course!) DSC NDIS News and Analysis | Team DSC.

DSC also has e-learning modules to help providers run their business and provide safe and high-quality support. Here’s some you might want to check out:

And check out our whole On-Demand library and learn more about our subscription service here: On-Demand | Team DSC.