Invoicing and record keeping. They may not be the most exciting parts of life as a National Disability Insurance Scheme (NDIS) provider, but they’re vital.
Whether you’re a fan of hard copy documentation or you opt to keep evidence of your service delivery and claims in electronic form, one thing is clear – maintaining full and accurate records is a must.
We spoke to Angela Harvey, Managing Director of boutique NDIS consulting agency, Supporting Potential, to find out why.
Here’s what she had to say.
By Angela Harvey – Managing Director, Supporting Potential
In the dynamic field of disability services, the importance placed on defensible documentation is greater now than ever before.
While some may view it as a bureaucratic pain, documentation is a fundamental aspect of practice for providers of NDIS supports – one that safeguards participants and protects providers from consequences that can potentially become legal.
Defensible documentation comprises records that are clear, accurate, and comprehensive.
Currently, in the NDIS, the rules around record keeping vary depending on whether a provider is registered with the NDIS Quality and Safeguards Commission or not.
However, the introduction of uniform standards is expected, and that means every provider should take the opportunity now to focus on getting their house in order.
The National Disability Insurance Agency (NDIA) requires providers to maintain complete, truthful, and accurate records to support their claims, including:
Service agreements are contentious, because the NDIS Practice Standards only require participants to have a clear understanding of the supports they’ve chosen and how they’ll be provided.
So, while it isn’t stated that service agreements need to be documented in writing (except for those related to Specialist Disability Accommodation), the NDIA ‘recommends having a written service agreement so participants and providers are clear about what each party has agreed to.'
Separately, the Commission mandates that registered providers maintain records across a raft of areas, such as:
Recent legal cases highlight the importance of robust documentation, with courts and regulatory bodies examining NDIS provider records closely to ensure compliance with standards and the protection of participant rights.
Inadequate documentation can lead to severe consequences for providers, including fines and service suspensions. In several cases around the country, providers have faced significant penalties – not only for the absence of support documentation, but also for failing to document essential details that a reasonable person would expect to be recorded.
There’s been an uptick in the number of requests for support our team has received from providers who thought they had appropriate systems and documentation in place, but later found themselves needing to take remedial action following compliance investigations undertaken by the Commission. Examples include providers that:
While requirements around record-keeping can sometimes feel overwhelming, it’s important to remember that defensible documentation not only serves legal and compliance requirements, but also offers significant operational benefits to providers. Value delivered includes:
To ensure documentation is defensible, providers should provide regular staff training on the importance of documentation and the techniques to be applied to it, use technology to streamline data collection and management, and conduct regular audits to identify improvements and ensure compliance with the NDIS Practice Standards.
Reliable documentation supports an organisation's sustainability and effectiveness and ultimately aids in protecting the wellbeing of participants.
In an industry focused on supporting vulnerable people, the value of dependable and defensible documentation can’t be overstated.
For more information about invoicing and record keeping, click here.
It’s true, clients want providers with the skills and expertise to do a great job. But when it comes to delivering a great service, other factors come into play – with attributes like clear communication, honesty and consistency deeply impacting the overall client experience.
As providers, we strive to understand our clients so we can shape our service and meet them where they and their needs are at.
To help us and you make informed decisions, we spoke with National Disability Insurance Scheme (NDIS) participants and their families, inviting them to lift the veil on their experiences and tell us what clients really want from providers.
Alan lives in Brisbane. He joined the NDIS six months after it launched in Queensland and says becoming a participant in the Scheme has revolutionised his life.
“The NDIS in general has been a game changer in my life,” says Alan. “I’m now doing a lot more than I ever thought I’d do.”
“It’s just fantastic being on the NDIS. I don’t have to rely on family members or friends to take me places and do stuff with me. Instead, I employ professionals who support me to achieve what I want.
“I don’t have to feel guilty about it. I’m not putting people out to help me, I’m doing things with support workers that I would probably be doing on my own if I didn’t have my vision impairment.
“Life feels huge, unbelievable. I never thought I’d be doing half the stuff I’m doing now – everyday things that ‘normal’ people take for granted.”
Alan sources his support workers via a website where you can search for local providers, and he’s also found them through recommendations from people he knows.
He says he’s a good judge of character, and in his view, the most important things when it comes to staff are honesty and integrity.
“I look for honesty. If someone says they will do something, then they should do it,” says Alan. “Integrity is the same as honesty – just say, ‘I can’t do this’ or ‘I can look into doing that’. Just be honest. I don’t want people to pretend to be something they’re not.”
Alan can speak up if he thinks something isn’t right and he says he’s fortunate he has the ability to do so.
“For some people, employing their own staff is daunting, and for people that find it difficult to speak up for themselves, sometimes support workers do take advantage of them,” he says.
For more than 18 years, Scott’s been receiving support from a boutique New South Wales-based non-profit provider, and his parents, John and Rita, say the consistency of working with one provider has served their son best.
“When Scott was completing his final year of high school in 2006, we sat down with his school counsellor and teachers to plan for his future as an adult,” says John. “They suggested we look at post school options and gave us the names of a few service providers.”
“Remember, the NDIS didn’t exist in 2006. Post school options were funded by the New South Wales Government’s Department of Ageing, Disability and Home Care, and funding wasn’t guaranteed – you had to apply every year.”
The family visited open days held at provider facilities and attended some expos, before visiting Sunnyhaven Disability Services three times, and finding it was the best fit for Scott.
“Scott is active, with challenging behaviours, so we were looking for a facility and service provider that had room and space for Scott to move around, was willing to give him a chance, had supportive, caring and trained staff who could manage Scott and his behaviours, could keep him safe, had programs – including community access – that would help develop Scott’s social and life skills, and provided transport to and from the program,” says John.
“We believe, and still believe, that we made the right choice. Scott is very happy.”
Eventually, Scott moved into supported independent living (SIL) accommodation. Sunnyhaven provided support coordination for Scott and organised transport so he could stay with John and Rita in the family home at weekends.
“Using a provider with integrated services has made communication and support coordination much easier and less stressful for Scott and us,” says John.
He says having continuity of care for their son gives him and Rita peace of mind, knowing Scott will be well supported into the future, no matter what.
“Our son is safe, well cared for, and has programs that are tailored to his needs,” says John. “When the time comes and we are no longer here to look after Scott (or we become incapacitated), it is comforting to know that Scott is happy, has a safe place to live, and will be well looked after.”
Sally’s a permanent wheelchair user and has an intellectual disability. She lives in SIL accommodation and relies on family members to advocate for her.
Sally’s sister Kate shares Alan’s conviction that honesty and integrity are non-negotiables for providers in the disability sector.
“Clear communication, honesty, and transparency – they’re all a must, because they demonstrate a genuine commitment to doing the right thing,” says Kate.
“Transparency and authenticity go a long way. Providers, and certainly their staff, are human, and everyone understands that mistakes get made. But when those mistakes aren’t once-offs, and when they have significant impacts on a person who the provider is being paid to support, the provider can’t just hide and duck and weave – they need to get real.”
Kate says NDIS participants are ‘everyday people wanting to live ordinary lives’, and it’s vital providers get to know and understand what that looks like for each client.
She believes providers have a responsibility to come to work as ‘their best selves’, and to remember that good customer service is every bit as important within the NDIS as outside of it.
“If you go to work in a non-NDIS environment and bring your bad day with you, your clients and colleagues aren’t going to accept that, so why should a person with disability accept it? At the end of the day, providers should always remember that participants have a choice, and if you don't show up as the best provider, they’ll exercise their choice and find a better one,” says Kate.
“What makes a good provider is a real understanding of the client-provider relationship and what makes a terrible provider is one that positions themselves as the authority on another person’s life.
“The lines shouldn’t be blurred when it comes to who’s in the position of power. It’s the customer – the participant – who always comes first.
Sally has several providers in her world, including support workers, allied health professionals, and staff in a day options program, and Kate says it’s clear when Sally’s satisfied with their services.
“She might not be hugely verbal, but when things are going well, Sally’s mood lifts,” says Kate. “It’s evident when she’s happy. If she knows she’s going to see a provider she really likes, she just lights up, and she’s visibly happy anticipating their time together.”
“Sally’s recall isn’t great, but when she likes someone, she remembers their name or gives them a nickname, and she asks to see them, so we can tell she’s comfortable with them.
“We notice when she’s settled – she needs or wants less of us because she has more in her life. If we go to see her and there’s a provider there who she really enjoys spending time with, she’ll tell us it’s time for us to go – even if it’s only five minutes since we arrived!”
Kate adds that it’s equally clear when support is lacking, or when Sally isn’t feeling at ease. “When things aren’t going well, her mood is flat, she gets teary, and her behaviours escalate,” says Kate. “We know then that it’s time to look more closely at Sally’s environment and the people in it.”
While it seems relatively simple for clients to tell their providers what they want, getting clear on what they don’t want is a little more nuanced.
For Alan, providers that invest heavily in advertising leave him wondering whether they’re spending their money in the right places, and that makes him look even more closely at the rates they charge him for their services.
“There are big businesses that advertise on TV that charge top dollar for everything, because they can,” says Alan.
“I don't think a provider should charge top dollar just because they can. If you give a top service, then charge top dollar. Again, it's all about honesty.
“None of my support workers work for the maximum NDIS rate, they work for below it and that’s what they choose to do.”
Kate says that while everyone understands providers in the disability sector are businesses, and businesses need to make money, treating participants as a means to an end and failing to see them as ‘whole people’ raises a red flag.
“What grinds my gears is a provider that sees their clients as cash cows – regardless of the industry they’re in,” says Kate. “That’s even more of a concern for me in a sector dealing with vulnerable people.”
“People with disability are human beings – and at the flick of a switch, any one of us could become a person with disability. All it takes is a car crash, a medical incident, or a workplace accident.
“The line between ‘us’ and ‘them’ is a fine one and keeping it in sight is a powerful reminder to everyone to treat others as we’d like ourselves to be treated.”
John and Rita are also clear about the behaviours they won’t accept from Scott’s providers.
“Thankfully, nothing like this has ever happened, so this is hypothetical,” says John. “We wouldn’t want providers who have an unprofessional manner, who are unreliable, who don’t communicate, who don’t get back to you, or who don’t listen.”
“We wouldn’t like it if the images or services in the brochures didn’t match reality, or if the service feels unsafe, with untrained, unfriendly or aggressive staff or management.
“We wouldn’t like it if there were poor systems and procedures or poorly maintained facilities – and we wouldn’t like it if a provider wasn’t flexible, or was giving us the ‘take it or leave it’ attitude, cancelling last minute or not honouring the service agreement.”
Finally, for Rita and John, they want all providers to ensure they’re listening to all participants – especially people like Scott, who don’t use words to communicate.
“The current world is set up to listen to people who can advocate for themselves – and even then, it can be a long and exhausting battle of advocacy for people with disability,” says John.
“The most important thing we want all providers to understand is the dreams and goals and needs of people who don't use words to speak are just as important as everyone else's.”
Kate says her family’s experiences with supporting Sally have helped them to identify what makes a great provider.
Here are their tips for providers looking to set themselves up for success.
We’ve long defined Australia as the land of the ‘fair go’ – a place of mutual respect and equal opportunity, regardless of difference or circumstance.
But consider these numbers:
These statistics – discussed in this research article – are stark, and they underscore just some of the many factors impacting the representation of people with disability in the leadership ranks of our nation.
It begs the question, how inclusive is Australia really?
Diversity of leadership is addressed in Australia’s Disability Strategy 2021-2031, the Federal Government’s framework to improve the lives of people in the disability community.
More leaders with disability can help to make the world a fairer place, creating a positive frame of reference for peers aspiring to enhance their skills, broaden their employment opportunities, and develop their careers.
Diversifying Australia’s leadership ranks and including quality candidates with disability exemplifies the ‘fair go’ that’s ingrained in our social fabric and strengthens the foundation upon which our community is built. It also paints a truer picture of the depth and breadth of global demographics.
Put simply, it’s important for people with disability to be leaders and represented at all levels and across all industries – and it adds value to all of us.
Leadership is the focus of the 2024 International Day of People with Disability (IDPwD), celebrated on 3 December.
The theme – Amplifying the leadership of persons with disabilities for an inclusive and sustainable future – invites us all to step up to the plate.
So, what practical steps can you or your organisation take to ensure people with disability have every opportunity to embrace and explore their leadership potential? Here are a four thought-starters.
#1. First up, we love this short film from the Australian Disability Network. It uses the comedic talents of Madeleine Stewart and Sam Wade to upskill people and businesses by providing lots of laughs and some great practical tools for the creation of inclusive workplaces.
It’s well worth watching and great for sharing with your colleagues and others in your social and professional networks to get them thinking about inclusivity.
#2. Women With Disabilities Australia (WWDA) has released a leadership and mentoring toolkit, which the organisation’s CEO, Sophie Cusworth, says has the potential to transform opportunities for those who use it.
“For too long, our community has been excluded from opportunities to lead and participate, in all areas of life,” she says. “We want to see a world that values the leadership of women and gender diverse people with disabilities, and challenges harmful and false narratives about who can and can’t be a leader.”
“This toolkit is designed by and for our community, to equip women and gender diverse people with disabilities with the skills and confidence to lead, participate, and influence. We want to see a future where our voices are heard, valued, and leading the way.”
You can find an Auslan-interpreted version of the Toolkit on YouTube and access Easy Read PDFs in a variety of languages here.
#3. Interested in a directory of disability-led businesses, as well as resources and training to help people to become more confident leaders? The Disability Leadership Institute has got you covered. Click here to find out more.
For organisations looking to recruit high-potential disability leaders as board members, executives and managers, or identify quality public speakers and media spokespeople, the Institute keeps a national register of disability leaders and it can help you to make connections too.
#4. Feeling inspired? Why not dip into the stories of this year’s IDPwD ambassadors. From DJ and music producer, Cooper Smith, to award-winning intuitive speaker, thought leader and human-rights activist, Khadija Gbla, the 2024 ambassadors are certainly a varied and talented group.
Wow! It’s been quite a year, hasn’t it?
With the National Disability Insurance Scheme (NDIS) Review, the NDIS Amendment Bill (which is now law), and a multitude of taskforces on the Disability Royal Commission, fraud, pricing, and provider and worker registration, 2024 has been a rollercoaster ride!
And amid all the uncertainty, the disability community has also been getting to grips with the changes arising from the rollout of the National Disability Insurance Agency’s (NDIA) PACE computer system and the Australian Government’s rules about the supports people can and can’t spend their NDIS funding on.
Lots of participants now have new-look plans and some have unfamiliar categories of funding and stated supports where flexibility previously existed. In most cases, it’ll just take time to learn how everything works, but for some people, a change of plan – or adjustments to the one they already have – will be needed.
So, how do you go about it? If you’re seeking a change, here’s a guide to help you understand the options available to you.
Usually initiated by the Agency a few months before your plan reassessment is due, a participant check-in provides an opportunity for you or your nominee to speak with the NDIA about your plan, your funding, your supports, and your experience as a participant in the NDIS.
The Agency uses check-ins to start the ball rolling for plan reassessments, so it’s important to be prepared. The things you discuss during a check-in might mean:
If you joined the Scheme to access supports you no longer need, this might be discussed during the check-in too.
Take a look at our article about check-ins and click on this page on the NDIS website to find out more.
To help you prepare for a check-in, you can also download NDIS booklets and fact sheets here.
Whether you initiate it, or the Agency does, your plan reassessment meeting is a milestone in the lifecycle of your NDIS plan.
Conducted face-to-face, over the phone, or even via a video call, plan reassessments involve you (and your nominee or support people, if you have them) and a representative of the NDIA talking about you, your plan, your funding, and how you use it.
You’ll be asked about things like what’s worked, what hasn’t, whether your circumstances have changed, the supports you use (or want to use), and the progress you’ve made – and the Agency will then decide whether any changes need to be made.
It’s important to prepare for your plan reassessment meeting, and that means making sure you’re on top of things like having your providers prepare assessments or progress reports, thinking about your supports and any changes you’d like the NDIA to make, and writing down any questions you want to ask during the meeting.
If you need changes made to your plan before your scheduled reassessment date, you can contact the NDIA at any time to ask whether adjustments are possible.
If you lodge a request for a plan reassessment without clear evidence, it may be declined, so be sure to have everything ready to present to the Agency. If you ask the NDIA to reassess your plan, you’ll get a response within 21 days to let you know if it will be varied or replaced, or if it will stay the same.
You can find out more about plan reassessments here.
Sometimes a change can be made to your plan without a plan reassessment. If that happens, it’s called a plan variation.
Variations are usually quite small changes – like correcting minor errors, changing details related to an existing stated support, or setting a new reassessment date – but the NDIS Act also allows plans to be varied in crisis or emergency situations, or if new information is provided in response to a request from the Agency.
Things change – that’s just part of life – but if those changes affect the NDIS supports you receive, you should let the NDIA know.
The Agency needs to know about changes to things such as:
Think a change in circumstances might apply to you? This page on the NDIS website has the information you need.
If you’re not happy with a decision the NDIA makes, you can ask the Agency to reconsider it by requesting an internal review of a decision.
There are some decisions the NDIA can review, and some it can’t – but if it agrees to an internal review, the Agency will check to see that the right decision was made under the law by looking at the facts and circumstances at the time of the internal review.
If more information is needed, you’ll be contacted, but you can also provide additional information when you ask for a review.
If you want to request an internal review of a decision, you have three months to do it from the date you received the original decision from the NDIA in writing. Find out more about internal reviews here. You can submit a request here.
These Guidelines will tell you more about the process and what to do if you don’t get the outcome you’re after.
If you’ve been through the internal review process and you’re still not satisfied, there are other options available to you – including asking the Administrative Review Tribunal (ART) to look at the NDIA’s decision. This is known as an external review.
The ART, which has replaced the Administrative Appeals Tribunal, can consider most internal review decisions. It’s completely separate from the NDIA and the NDIS Quality and Safeguards Commission, and it exists to make sure the decisions that both those make are legally correct and fair.
The ART can look at matters including:
You can find out more about external reviews here.
Want to apply? You have 28 days from the time the NDIA makes its internal review decision to do so. Click here to get started or contact the ART for more information.
If you’re feeling overwhelmed at the thought of an external review or you just need a bit of extra support, you don’t have to go it alone. The NDIS Appeals Program was set up by the Department of Social Services to help people with disability and others affected by reviewable decisions of the NDIA.
To access support, you just need an outcome from an internal review of a decision, and then you’re on your way.
There are two types of supports available via the program:
For more information about the NDIS Appeals Program, click here.
Whether you realise it or not, it’s highly likely you know a carer. After all, there are more than three million unpaid carers around the country – one in eight members of every community – and up to three young carers in every classroom.
With those numbers in mind, it’s not difficult to understand the enormous and positive impact informal carers have on the nation. At a personal level, there’s the literal care and support they provide to family members and friends, and more broadly, the vast amount their input contributes to the Australian economy.
A 2020 report released by Deloitte Access Economics placed a value of almost $80 billion on unpaid care delivered in remote, rural, regional and metropolitan communities. But amid this national landscape of support, who cares for the carers? And what impact does their caring role have on those who fulfil it?
The recently-released 2024 Carer Wellbeing Survey – which analysed feedback received from more than 9000 carers aged 14 years and older – reported that while one in two carers find the role satisfying overall:
Health and wellbeing is also a key area of concern, with carers three times more likely to report high levels of loneliness (40.3 per cent compared with 13.8 per cent of other Australians) and 2.6 times less likely to have good or excellent health.
The risk of poor wellbeing is higher amongst carers who have more complex, time consuming or otherwise challenging caring commitments, but health and wellbeing markers are improved for carers who have supportive family members, friends and workplaces.
Just as the disability community is a group anyone can join at any time, so too is the caring community. Becoming a carer might happen gradually or suddenly, so we owe it to all carers – and perhaps our future selves – to ensure carers are well supported.
Carers Australia has issued a call to action for the nation, saying its survey shows Australia’s carers are being left behind.
“At some point in every Australian’s life, we will either know, be, or need a carer,” says the organisation’s CEO, Annabel Reid.
“Our 2024 Carer Wellbeing Survey found our carers are being left behind in most of the key indicators of wellbeing, including loneliness, psychological distress, and financial hardship.
“Carers need the ongoing support of all Australians – from government, businesses and media to classrooms and families, and medical professionals and our community.”
The good news is there’s help available. To find out more about supports for carers, read our article here.
After a brief period of public consultation, the Australian Government has introduced new rules designed to clarify the supports participants can (and can’t) spend their National Disability Insurance Scheme (NDIS) funding on.
The rules, which came into effect on 3 October 2024, mean participants can only use their funding to purchase ‘approved supports’.
To help everyone better understand what’s approved – and what isn’t – support lists have been released, and the rules around how decisions are made have been explained.
The concept of a ‘replacement support’ has also been introduced, allowing the National Disability Insurance Agency (NDIA) to substitute existing NDIS supports or supports in a participant’s plan with a different service, item, or piece of equipment. Only some supports can be replaced and only if the NDIA approves the purchase in writing.
Participants can also continue to access the stated supports in their plans, as well as supports found to be reasonable and necessary by the Administrative Appeals Tribunal – even if those are now excluded.
This page on the NDIS website contains all the information you need.
The new support lists present a big change in the NDIS and come after the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No 1) Bill 2024 passed through the Parliament of Australia and became law.
“We now have a central place, set in law, where NDIS participants, their families, carers and providers can go to see what they can use their NDIS funds for,” said Bill Shorten MP, Minister for the NDIS.
“While there have been administrative guidelines previously, we have made it much easier for participants and providers to understand what funding can and can’t be spent on.”
There’ll be a ‘transition period’ for the first year of the new NDIS support lists to give participants and providers time and space to learn and understand them. During this time, the NDIA says it’ll work with participants and take an ‘educative approach’.
If you’re unsure what you can spend your NDIS funding on, you can speak to your NDIA planner, Local Area Coordinator, Early Childhood Partner, or support coordinator. Alternatively, you can call the NDIA on 1800 800 110.
And of course, we’re here to help. If you have any questions, you can email us at [email protected] or call us on 1800 861 272 from 8am-6pm, Monday to Friday.
31 October 2024
You’re a provider in the National Disability Insurance Scheme (NDIS). You’re supporting a client and we’re their plan manager.
You’ve scoped out their supports, you’ve signed off on a service agreement, and you’ve started putting your expertise to work. So, when the supports have been delivered and it comes time for invoicing, of course you’re going to want fast, efficient processing of your claims.
Ideally, you’ll have a service agreement that lays out the supports you’re engaged to provide, and the terms of your agreement (including price, delivery dates, terms and conditions) in place with your client and a copy will have been provided to us.
With that in hand, take a look at this provider letter which contains everything you need to know about claiming through us and you’ll be on your way.
Enter the My Plan Manager provider portal.
Our provider portal offers ease and transparency when it comes time to claim. It lets you invoice quickly, and you can check the status of your claim at any time. Just like a banking app, our provider portal lets you see every invoice you’ve submitted to us – so you’re never in the dark about your claims or where they’re at in the queue.
We’ve made our provider portal as simple and powerful as we can, so you can breeze through the platform and get claiming done fast.
Here’s a look at what our provider portal can do (plus a virtual tour at the end!).
To generate an invoice, simply type in your invoice number, add your client’s name, and key in the date and quantity of the supports provided, the price or hourly rate applied, and your Australian Business Number (ABN).
You can upload and submit invoices for our review via the provider portal. Alternatively, you can email claims to [email protected], but claiming through our provider portal gets your invoice into our queue quicker!
Having visibility of past and current claims and the ability to look over invoices provides a complete record of what you’ve charged your clients, and when. Your information is securely stored and available for you to view at the click of a button.
Our provider portal has the latest security features, so your privacy and information are safe and protected.
Best of all, there’s no password required! Multifactor identification means you can log in via SMS or email.
At My Plan Manager, we work to process claims swiftly. But the National Disability Insurance Agency (NDIA) says that while valid claims will be paid within two or three working days, some payments may take up to 10 working days to be processed – allowing time for the Agency to undertake more rigorous investigation of claims.
With fraud detection top of mind for all NDIS stakeholders, the Agency’s timeline is designed to protect everyone. So, although it may take longer for you to receive payments related to your invoices, there’s a good reason for it.
Keen to see our provider portal in action? Step through this virtual tour to familiarise yourself with the different areas and features of the platform.
To get started inside our provider portal, you need to request a log in, which you can do here.
We’ll ask you to provide some information, like your business name, ABN, email address and mobile number, and then we’ll get you set up.
Next, visit this link and click ‘Log in’.
Type in your email address or mobile number and we’ll send you a code.
Enter the code, and you’re in!
If you have any questions about our provider portal, our friendly team is here to assist. You can call us on 1800 861 272 from 8am–6pm (SA time), Monday to Friday or email us at [email protected].
Cast your mind to headline news, and chances are you've been exposed to coverage of confronting cases of abuse or neglect of people with disability.
Taking action when risks are identified or serious incidents occur is a fundamental responsibility we all have as humans, and in the National Disability Insurance Scheme (NDIS) it’s also a condition of provider registration.
Registered providers have a wide array of responsibilities towards participants in the Scheme, including telling authorities about reportable incidents – events or allegations that need to be swiftly recognised and acted upon – and there are consequences when those obligations aren’t met.
But not every provider knows what a reportable incident is, what to do if they become aware of one, or what the extent of their responsibility to participants and others is. That’s why we went to Belinda Toohey, Director of disability service provider, Including You, to unpack this topic.
Belinda works with NDIS participants and has a wealth of knowledge in the area of reportable incidents. Here’s what she told us.
A. Reportable incidents in the NDIS context are serious events or allegations involving NDIS participants that require notification to the NDIS Quality and Safeguards Commission (known as the NDIS Commission). They can include:
There may be incidents that don’t sit clearly in these areas. If in doubt about whether an incident is reportable, I suggest making a phone call to the NDIS Commission to discuss the situation.
A. When a reportable incident is reported, it lets the NDIS Commission investigate, provide support, and take action to prevent future occurrences.
You cannot only rely on the NDIS Commission to investigate or take action – it’s responsible for participants and the Scheme itself. Providers also have to investigate and provide reports to the NDIS Commission and, depending on the type of incident, the Commission will call the provider back and work with them.
When a reportable incident isn’t reported, it risks the safety of participants and can also result in regulatory consequences for providers. It shows a lack of accountability.
When a provider tries to hide something or doesn’t act, it usually comes out somewhere else too, and we know there are serious consequences when providers don’t report.
We’ve seen an increase in banning orders and also an upturn in the number of providers being shut down due to lack of reporting, which places participants at risk. In extreme circumstances, this risk has resulted in the death of a participant.
A. Providers are obligated to promptly report incidents to the NDIS Commission to prioritise participant safety, adhere to regulations, and uphold trust. This commitment fosters transparency, ensures accountability, and enhances service quality.
Given the vulnerability of our cohort, who are at higher risk of abuse and mistreatment, regulatory oversight is crucial. The NDIS Commission offers comprehensive reporting guidelines and resources on its website, serving as a valuable reference for providers when reporting incidents. This ensures reporting is accurate, timely, and in line with regulatory requirements, ultimately supporting a safer and more accountable environment for NDIS participants.
It’s every provider’s role to build a culture that encourages reporting and ensures zero tolerance for anyone breaching the NDIS Code of Conduct.
A. Providers are required to report incidents to the NDIS Commission within 24 hours of becoming aware of them. Additionally, they must submit a follow-up report five days later to provide further details and updates on the incident, as outlined in the reporting guidelines.
Reporting is done through the NDIS Commission's website, with designated roles within the organisation for notifying and approving incidents submitted to the Commission.
The obligations of reporting include ensuring the accuracy of information, cooperating fully with investigations, and implementing corrective measures as necessary. In cases of uncertainty, providers are encouraged to contact the NDIS Commission for guidance and clarification. The NDIS Commission will then determine the appropriate actions to take based on the information provided.
When reporting, it's essential to include:
If you’re a provider who’s reporting an incident to the police, be sure to ask the responder for their badge number and the police station they’re working from. The NDIS Commission will ask you for this information so it can follow up with the correct person.
This structured reporting process ensures compliance with regulations, supports effective incident management, and contributes to maintaining a safe environment for NDIS participants.
It’s important that every provider understands the process for reportable incidents, and also that the NDIS Commission’s reportable incident process isn’t that easy to use and the response time varies from one or two days to six months (depending on the type of incident and those involved).
A. Handling uncertain incidents within the NDIS framework requires a careful and proactive approach to ensure participant safety and regulatory compliance.
When faced with incidents where there’s uncertainty or suspicion, providers are encouraged to adhere to the following guidelines:
1. Prompt reporting – Despite uncertainties, if there’s any suspicion that an incident may compromise participant safety or wellbeing, it should be reported promptly to the NDIS Commission. Early reporting allows for timely intervention and investigation.
2. Thorough documentation – Document all relevant details and observations related to the incident. This includes dates, times, individuals involved, and any other pertinent information that could aid in understanding the situation.
3. Seek guidance – If unsure about whether an incident should be reported, providers should reach out to the NDIS Commission for clarification and guidance. The Commission can provide specific advice based on the nature of the incident and help with navigating reporting requirements.
4. Internal review – Conduct an internal review or assessment of the incident. This may involve gathering additional information, consulting with relevant staff, and assessing potential risks or implications.
5. Participant support – Ensure affected participants receive appropriate support and assistance. This may involve coordinating with other service providers, healthcare professionals, or advocacy services as necessary.
6. Compliance with policies – Follow internal policies and procedures regarding incident management and reporting. This helps maintain consistency and ensures all incidents are handled in accordance with regulatory standards.
7. Continuous improvement – Use incidents as learning opportunities to improve practices and policies. This may involve reviewing existing protocols, providing additional training to staff, or implementing preventive measures to minimise future incidents.
By following these guidelines, providers can effectively manage uncertain incidents within the NDIS framework, prioritise participant safety, and uphold the integrity of disability support services. This approach not only ensures compliance with reporting requirements but also promotes a proactive stance towards safeguarding the wellbeing of NDIS participants.
A. Exemptions or variations can be considered in specific circumstances. These might include situations where a provider’s governed by other regulatory bodies that have similar requirements, or where the NDIS Commission determines that certain conditions warrant an exemption or variation.
If you have a specific situation in mind, it's best to contact the NDIS Commission directly or seek advice from a legal or compliance expert familiar with NDIS regulations.
The NDIS does offer anonymity and protection when reporting events and it’s best to call the NDIS Commission to talk this through. There are privacy laws in place, but there may be instances where the notifier’s identity may need to be known, depending on the reporting of the situation. In these instances, the NDIS Commission with let you know and support you through the process.
A. Providers should educate staff on reporting protocols, maintain detailed records, and seek guidance from the NDIS Commission resources or even from legal counsel when needed. They can also engage participant advocates for support.
Effective incident reporting in the NDIS is essential for safeguarding participants, ensuring accountability, and improving service quality.
Providers must adhere to reporting guidelines, prioritise participant safety, and seek support when uncertain about reporting obligations or incidents. They also need to follow the NDIS Code of Conduct and their own internal policies and procedures before reporting a reportable incident to the NDIS Commission.
Making sure providers and their teams understand what human rights are and how they apply them when carrying out their jobs is also a good guide to measure what’s acceptable and what isn’t.
Support coordinators play an essential role in the lives of National Disability Insurance Scheme (NDIS) participants, not only facilitating links to services and supports, but also upholding their rights and ensuring respect for their dignity.
In this article, Around the Well’s Selwyn Child explores how support coordinators can effectively implement the Human Rights and Social Models of Disability and align their practices with the principles set out in the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).
The Human Rights Model of Disability starts from the awareness that disability arises when people with impairments encounter barriers in attitudes and the environment that prevent them from fully participating in society. This model emphasises the inherent dignity, autonomy, and rights of people with disability.
For support coordinators, implementing the model involves focusing on four key principles:
1. Respect for dignity and autonomy
Every individual, regardless of their disability, owns inherent dignity and autonomy. Support coordinators should prioritise respect for the choices, preferences, and self-determination of participants in all aspects of their supports, engagement, and delivery.
2. Equality and non-discrimination
Upholding the principles of equality and non-discrimination requires support coordinators to advocate against any form of discrimination based on disability. This includes ensuring equal access to services, opportunities, and community participation.
3. Full and meaningful participation and inclusion
Support coordinators should actively work towards enabling full and meaningful participation of participants in all aspects of life, including education, employment, social interactions, and cultural activities. This involves identifying and removing barriers – whether physical, attitudinal, or systemic – that limit participation.
4. Accessibility and universal design
Implementing accessibility measures and promoting universal design principles are essential components of the model. Support coordinators should advocate for, and facilitate, environments, services, and technologies that are accessible to individuals with diverse abilities.
The Social Model of Disability complements the Human Rights Model by emphasising that disability is primarily a result of social barriers, rather than an individual's impairments. It shifts the focus from ‘fixing’ people to transforming society to be more inclusive.
The four key principles of the model include:
1. Identifying and addressing barriers
Support coordinators play a crucial role in identifying and addressing barriers that prevent people with disability from fully participating in society. This may involve supporting policy changes, raising awareness about accessibility issues, or promoting inclusive practices within society.
2. Promoting empowerment and self-advocacy
Empowering people with disability to advocate for themselves and their rights is central to this model. Support coordinators should provide information and resources to enable their clients to voice their needs, preferences, and aspirations effectively.
3. Collaboration and partnership
Collaboration and partnership are essential for implementing this model effectively. Support coordinators can help build partnerships that promote inclusive practices and comprehensive support frameworks, in line with NDIS guidelines, by working together with participants, service providers, community organisations, and officials.
4. Educating and changing attitudes
Educating the broader community about the Social Model and challenging misunderstandings about disability are critical. Support coordinators can take the lead to promote positive attitudes, reduce stigma, and enhance understanding about disability and the importance of a can-do attitude.
Adopted by Australia on 16 August 2008, the UNCRPD offers a framework to promote and protect the human rights of people with disability. Support coordinators can follow UNCRPD principles by:
• Respecting and ensuring non-discrimination: Upholding the right of people with disability to fairness and non-discrimination in all domains of life, including access to healthcare, education, employment, and social services.
• Promoting accessibility and inclusive development: Advocating for accessible environments, services, and technologies that enable full participation and inclusion of people with disability.
• Ensuring participation and inclusion in decision-making: Facilitating meaningful participation of people with disability in decision-making processes that affect their lives, including NDIS planning and service delivery.
• Respecting individual autonomy and freedom: Supporting the autonomy and freedom of people with disability to make their own choices, express their preferences, and live independently (with the necessary support).
Person centred planning: Adopting a person centred approach to support planning that prioritises the individual's goals, aspirations, and preferences. This involves actively listening to people with disability, understanding their needs, and respecting their decisions.
Advocacy and empowerment: Empowering participants to advocate for their rights and preferences effectively. This may include providing advocacy training, connecting individuals with disability advocacy organisations, and supporting them in navigating systems and processes.
Collaboration with service providers: Building strong partnerships with service providers that share a commitment to inclusive practices. Collaborating to ensure that services are tailored to meet the unique needs of participants and promote their full participation in community life.
Continuous learning and improvement: Staying informed about best practices, and researching disability and service delivery Acts and policy developments related to disability rights and inclusion. Engaging in professional development opportunities to enhance knowledge and skills in supporting individuals with disabilities.
In their roles within the NDIS framework, support coordinators have both a significant opportunity and responsibility to implement the Human Rights and Social Models of Disability.
By aligning their practices with the principles outlined in the UNCRPD, they can promote equality, inclusion, and empowerment for people with disability and – through person centred planning, advocacy, collaboration, and continuous learning – contribute to creating a society where everyone, regardless of ability, can thrive and fully participate in community life.
As we continue to advance disability rights and inclusion, let us uphold the fundamental principles of dignity, autonomy, and equality for all. Together, we can build a more inclusive and accessible future.
