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Here is the latest quality and safeguarding updates you need to know.
Government Responds to Disability Royal Commission
Yesterday the Australian Government released its official response to the Disability Royal Commission, 10 months after the Final Report was handed down last September. The government responded to 172 of the 222 recommendations that were their primary or shared responsibility with the states and territories.
Of those recommendations, the Australian Government:
- Accepted in full 13 recommendations
- Accepted in principle 117 recommendations
- Is further considering 36 recommendations
- Noted 6 recommendations
You can read our analysis on our website.
NDIS Provider and Worker Registration Taskforce
As you may be aware, the NDIS Review recommended a complete overhaul of the NDIS registration system, calling for a new risk-proportionate model with mandatory registration or enrolment. As such, Minister Bill Shorten appointed a Provider and Worker Registration Taskforce to advise on the design and implementation of the new regulatory model. The Taskforce’s report which was due to be handed down by 30 June 2024, has not yet been made publicly available. While we don’t know where the final report lands, the Taskforce floated three ideas for feedback before they finalised their recommendations. These were:
- Defining a disability service provider and requiring those services to be registered.
- Registering all workers who provide disability specific support (as per the provider definition).
- Providing a light touch registration for services-for-one and participants who employ their own workers.
The Taskforce also explored the idea of mutual recognition of other regulatory systems (e.g. those already registered with AHPRA). It said it was not exploring the enrolment option proposed by the Review for the lowest risk services. You can read more about the Registration Taskforce’s 3 big ideas here. We will publish an analysis of the final report as soon as it lands.
New IT System for the NDIS Commission
The NDIS Commission will receive $160m over four years for the Data and Regulatory Transformation (DART) Program. DART is said to be the critical technology required to gather intelligence and analyse data to protect both participants and the Scheme. The NDIS Commission commenced the roll out by implementing DART in its contact centre where it has recently upgraded its telephony system. Previously, there was no ability to triage calls, people were cut off after 7 minutes and only 40% of inbound calls were answered. Under the new system, all calls are triaged, with safeguarding matters prioritised for immediate handling.
DART will reportedly streamline the process of Provider Registration and allow system-wide checks for suitability as well. It will also deliver a single view of a participant and a single view of a provider. Hopefully this will address one of the key flaws identified during the Boland Review which explored the Regulatory Response to Irabina Autism Services. The Review found the Commission’s operating system had separate modules for complaints, incidents, compliance, and investigations which didn’t talk to each other. Presumably this single view will help to capture all the relevant data relating to a participant and a provider.
Consultants and Advice Services
The NDIS Commission has published advice clarifying that providers applying for registration are responsible for the content of their applications. I know, a wild concept huh? Where organisations use consulting services to assist them, the NDIS Commission expects applicants to:
- Be substantially involved in preparing the application and associated documents.
- Ensure the application is an accurate representation of the organisation and key personnel.
- Demonstrate the suitability of the organisation to deliver disability supports and not rely on the expertise of the consultant.
If purchasing policies and documents, the NDIS Commission expects that applicants:
- Understand what has been submitted and can explain the content if required.
- Include responses that are specific to the organisation and are not a direct copy of purchased documents.
- Include application and supporting documents that accurately set out how the organisation complies with NDIS provider responsibilities.
- Provide true and accurate information regarding the personnel identified in the application.
- Include policies that accurately reflect how the organisation will deliver NDIS supports.
The NDIS Commission warns that providing false or misleading information in a registration application is a contravention of section 73D of the National Disability Insurance Scheme Act 2013 and is punishable by civil penalty. It may also be a criminal offence under section 137.1 of the Criminal Code Act 1995. Registered NDIS providers may have their registration suspended or revoked if they provide false or misleading information in an application.
New Clinical Standard on Psychotropic Medicines
Launched on 9th May 2024, the Psychotropic Medicines in Cognitive Disability or Impairment Clinical Care Standard and associated resources are now available on the Australian Commission on Safety and Quality in Health Care (ACSQH) website at: Psychotropic Medicines in Cognitive Disability or Impairment Clinical Care Standard. A video recording of the launch of the Standard is also available.
The standard provides guidance to clinicians, healthcare services and consumers on the safe and appropriate use of psychotropic medicines. It aims to ensure the safe and appropriate use of psychotropic medicines in people with cognitive disability or impairment, in order to uphold their rights, dignity, health and quality of life.
The standard contains:
- Eight quality statements describing safe and appropriate care.
- A set of indicators to support monitoring and quality improvement.
You can view a complete list of related resources or see targeted information and implementation resources developed for:
Positive Behaviour Support and Restraint Reduction
The Disability Royal Commission recommended a study be commissioned to examine the effectiveness of positive behaviour support in reducing the use of restrictive practices. In its article, researchers Monica Cuskelly and Nicola Crates from the Applied Research Centre for Disability and Wellbeing argue that positive behaviour support is aimed at reducing behaviours of concern rather than restrictive practices and that these should not be conflated. The authors provide a discussion of some of the research design issues that need to be addressed if an investigation of ways to reduce reliance on restrictive practices is to be carried out.
New Behaviour Support Plan Templates
The NDIS Commission has undertaken a review of the Interim and Comprehensive Behaviour Support Plan (BSP) templates. The Commission says the revised BSP templates reflect contemporary evidence-informed practice and are approved by the NDIS Commission. These templates were informed by extensive consultation and thematic analysis as described in the BSP Template Review: Summary of Findings.
You can find the new templates here:
NDIS Commission Grants Open
The ‘Support for NDIS Providers’ Grants Program funding round is now open. The program funds activities that focus on the rights of people with disability by educating, influencing, and consulting with participants, providers and workers. The program aims to:
- Enable people with disability to access quality providers and workers in a thriving and diverse market.
- Enable people with disability to exercise their rights when accessing NDIS supports and services.
- Help providers and workers uphold the rights of people with disability in the delivery of NDIS supports and services.
Grants are delivered to activities that address:
- Knowledge and skill development.
- Quality and safeguarding.
- Regulation and compliance.
In this funding round the NDIS Commission is seeking applications for grant projects that address the area of knowledge and skill development.
Eligible activities may include:
- Peer-to-peer workshops.
- Digital resources, including apps and podcasts.
- Interactive online environments.
- Resource development – handbooks, websites, e-products and animations.
- Delivering training and information sessions.
- Pilot programs.
- Facilitating capability building workshops.
NDIS providers (registered or unregistered) can apply for a grant, as well as non-service providers. The minimum funding available is $100,000.00 with a maximum of $500,000.00.
Applications are due by 14:00 AEST, Friday 30 August 2024.
NDIS Commission Funded Grant Programs (completed)
The NDIS Commission has funded a number of projects under the Support for NDIS Providers Grants Program. In case you missed them, here is a list of the free resources developed as part of the program.
Training people in working with First Nations people who are Deaf or Hard of Hearing
The Bina Gurri Yarns online training course has been developed for any organisation, service or individual providing NDIS planning, services or supports to First Nations people who are Deaf or Hard of Hearing.
New Resources for NDIS Emergency and Disaster Management
The R4NED website hosts information and resources for NDIS providers and participants to help prepare, manage, and recover from emergencies and disasters. The resources can also support providers to meet the requirements of the NDIS Practice Standard for Emergency and Disaster Management.
Allied Health NDIS Registration Support
Allied Health Professionals Australia has a website to help allied health professionals navigate the NDIS Commission Registration requirements and processes. This website was updated in late 2023 - a full list of changes and a new overview webinar are available via the 'Updates' tab.
Your Service, Your Rights: resources for providers
Your Service, Your Rights is a national project by Inclusion Australia to build the capacity of people with an intellectual disability and service providers to understand peoples’ rights when receiving services through the NDIS.
Resources include:
- A guide to setting up an advisory group.
- How to include people with an intellectual disability in the audit process.
- Easy Read Feedback and Complaints Form.
Deciding with Support
Deciding with Support is a website developed by the team at the Flinders University and Council for Intellectual Disability (CID). It includes a toolkit of resources on supported decision making for everyone involved in positive behaviour support, including people with disability, their supporters, behaviour support practitioners and service providers.
Your service your rights cards
The CID Your Service Your Rights cards are a way to start talking about good and bad service. The cards tell stories about people who are getting a disability service and are designed to help people understand if they are getting a good service. Read more about the cards and see how they can help you.
NDIS Quality and Safeguards Resources
NDS has produced a range of resources for anyone working in the sector who wants a further understanding and guidance on NDIS Quality and Safeguards topics.
Embracing Change: A Guide to the NDIS Practice Standards
The Mental Health Coordinating Council established the Embracing Change project to foster greater awareness of the NDIS Practice Standards and Quality Indicators from a psychosocial disability perspective. It aims to support existing and prospective NDIS providers to achieve increasing alignment with the NDIS Practice Standards. The website includes webinars, a guidebook and a self-assessment tool.
Frontline Practice Leadership
Living with Disability Research Centre at La Trobe University has developed an online training resource for frontline supervisors, service managers, and experienced support workers.
Learners will learn to:
- Observe the practice of disability support workers and give them constructive feedback.
- Have productive discussions with staff in supervision.
- Run effective team meetings.
- Help staff to develop their support skills.
- Embed Active Support in services.
- Deliver well organised and consistent services.
DSC On-Demand subscribers have access to this course in their DSC library. It can also be accessed on the La Trobe website.
Co-creating safe & enjoyable meals for people with dysphagia
This training package is designed for a wide range of audiences, including people with disability, self-advocates, support workers, family members, and service managers. It covers:
- Mealtime assistance as a vital role.
- Swallowing and swallowing disorders, and ways to respond to coughing and choking, nutritional problems, and how to improve mealtime safety and enjoyment.
- Food texture modification with a focus on the appearance, flavour, and texture of foods aligned with IDDSI.
- Equipment for use during meals including seating and positioning and how to promote and maintain independence.
The website is managed by Prof Bronwyn Hemsley at The University of Technology Sydney and is updated regularly.
Welcome Home: Compliance education for SDA providers
Welcome Home by the Summer Foundation is a package of compliance education resources for registered providers of specialist disability accommodation (SDA). The resources are designed to help providers understand their service obligations under the NDIS Practice Standards for SDA (Module 5) and explore a rights-based approach to service delivery.
Enabling Service Provider Governance and Management in the NDIS
Parkinsons NSW has developed a program to support NDIS providers and boards meet their quality and safeguarding responsibilities under the NDIS. It includes a range of tools and resources and covers an overview of the NDIS, leadership in transition and the registration process.
That’s it for this month, stay tuned for more updates as things continue to evolve in the quality and safeguarding space!
