Category: Sector News

Do you know what the process is for renewing your NDIS registration?

Timeframe

As a Registered NDIS Provider, you are required to renew your registration every 3 years.

Existing registered providers can begin the registration renewal process with the NDIS Commission within 6 months of the renewal date listed on your Certificate of Registration.  To ensure that you remain a registered NDIS Provider you must apply to renew your registration and undertake another audit before the expiry date.

When your NDIS registration is due to expire, the NDIS Commission will send you a reminder email roughly 6 months before expiry with instructions on how to complete your renewal application in the portal.

Your previous Approved Quality Auditor should also contact you prior to your registration renewal to outline the process.

Steps

You will be required to complete a renewal application in the NDIS portal which is very similar to your initial registration application and includes providing organisation and registration group information.  You will also need to provide a self-assessment against the NDIS Practice Standards relevant to the supports and services your organisation delivers and upload any documents required as evidence.

TIP: It is a good time to review your current scope of services provided and assess whether you would like to add or remove any registration groups as this will impact your audit scope.

Once your renewal application is submitted you will be provided with a new Initial Scope of Audit document that summarises your registration and audit requirements.  This will determine if you need to undertake a Re-certification or Re-verification audit to renew your registration.

As with your initial registration, you should use your initial scope of audit document to procure quotes from approved quality auditors.

Preparing for Audit

TIP: In preparation for the audit you should check if you have a robust internal audit program in place that ensures your documentation is up to date and has incorporated all the amendments to the NDIS practice standards in November 2021 including the three new practice standards: Mealtime Management, Severe Dysphagia Management, and Emergency and Disaster Management.

TIP: If you have any non conformities from your previous audit, it is also important to make sure you have effectively implemented corrective actions to address these.  If previous non conformities are not able to be closed out, there is the potential for these to become major non conformities. When this occurs an additional follow up audit is required to confirm implementation of corrective actions.

What to expect during the renewal audit?

You can expect the Re-certification or Re-verification audit to be similar to your initial NDIS registration audit which assesses how well you are meeting the requirements of the NDIS Practice Standards and providing ongoing quality outcomes for your NDIS participants. They will also review your previous audit findings including non-conformances and follow up actions to address these.

The Re-certification audit will be undertaken in two stages with the first stage (Stage 1 audit) involving a remote desktop document review and the second stage (Stage 2 audit), usually an onsite visit to assess how you are well you are implementing your supports including interviews with staff and participants.  Auditors will also sample records including participant files, staff/worker screening, qualification and training records, and other records to verify conformity to the standards such as internal audits, business plans, emergency and disaster management plans.  

The Re-verification audit will assess how you are meeting the requirements of the Verification Module in the NDIS Practice Standards and Quality Indicators via a desktop document review. As well as reviewing documented procedures, auditors will also need to sample some records including staff/worker screening, qualification and training records, insurance records and records for complaints and incidents.

Once your auditor has submitted their audit report the NDIS Commission will make a renewal registration decision based on the audit report findings and a suitability assessment of your organisation and key personnel.

How we can help

Engels Floyd have a range of resources and training courses that can assist you with your system as well as audit preparation.  We can also conduct internal audits if your staff lack the time to do these themselves. Our preparatory audits are a proven way to identify any gaps or areas for improvement.

If you would like to know more about the NDIS renewal process or how you can be properly prepared for your upcoming audit please contact us on 0478 616 207 or info@engelsfloyd.com for a complimentary consultation. Information on Engels Floyd, our services and training courses are available on our web site www.engelsfloyd.com.

This article provides an update on NDIS RAC ‘modified audits’. Legislation was amended in April 2023 to allow for these type of audits.

Background

NDIS participants living in Residential Aged Care are dual participants of the NDIS and aged care systems.

On 1 December 2020, Residential Aged Care providers delivering services to NDIS participants in their facilities automatically became registered NDIS providers.  This ensured that all RAC providers were required to meet the requirements under the NDIS Code of Conduct and the NDIS Practice Standards.

After 1 December 2020, RAC providers were required to apply for registration with the NDIS Commission as a new applicant in the following circumstances:

•         they receive direct funding from the NDIA to deliver supports and services to NDIS participants; and/or

•         they develop behaviour support plans; and/or

•         they implement regulated restrictive practices; and/or

•         they operate Specialist Disability Accommodation; and/or

•         they deliver plan management supports to NDIS participants.

Given that most of the NDIS participants RAC providers support receive direct funding from the NDIA, they will be required to register with the NDIS Commission.  As such, dual registration with the Aged Care Quality Commission and NDIS Commission is required for RAC providers resulting in dual compliance requirements.

Modified RAC audits

The NDIS Commission has considered that the existing aged care audit process through the Aged Care Quality and Safety Commission is a ‘comparable quality audit process’ for NDIS registration purposes. This means there is scope for some eligible RAC providers to undertake a modified NDIS RAC audit  which will minimise duplication in compliance requirements. To decide if a modified NDIS RAC audit is applicable, the AQA needs to consider a range of factors including the most recent aged care accreditation audit, the RAC provider’s plan for continuous improvement, status of any complaints, and any sanctions for non-compliance with aged care responsibilities.  

RAC providers will need to discuss this option with their Approved Quality Auditor to review if they are eligible for this pathway. Authorisation from the NDIS Commission is then required before the modified NDIS RAC audit can take place.

How EFA can help

EFA in partnership with ARTD, were recently involved in a project with the NDIS Commission assisting Residential Aged Care (RAC) providers supporting NDIS participants during their NDIS registration processes. This included the development of a Residential Aged Care Provider Toolkit including a number of fact sheets, tools, resources and webinars to not only support RAC providers but also NDIS participants, auditors and other stakeholders when undertaking audit activities as part of their mandatory registration renewal process.  Our involvement means we have an excellent understanding of the NDIS RAC modified audit requirements. We encourage RAC providers to review these resources and see how they may help you in your NDIS registration process.

If you require any assistance understanding your NDIS obligations and preparing for your NDIS audit please contact us on 0478 616 207 or info@engelsfloyd.com for a complimentary consultation.

Did you know the NDIS Commission released a new Practice Alert on High Risk Restrictive Practices?

In January 2023, the NDIS Commission released a new Practice Alert on high risk restrictive practices.

The NDIS Act 2013 defines a restrictive practice as ‘any practice or intervention that has the effect of restricting the rights or freedom of movement of a person with disability’. High risk restrictive practices covered in the practice alert include restrictive practices that fall within the definitions of the five restrictive practices that are ‘regulated restrictive practices’, and other practices that are not regulated but that restrict the rights of a person with disability.

High-risk restrictive practices place participants at high risk of harm and are associated with adverse and catastrophic outcomes for participants such as long-term psychological or physical injury and death.

High risk restrictive practices can include:

• Specific forms of physical restraint that present high risk to participant health, wellbeing and safety eg basket hold, prone and supine restraint, pin downs and takedown techniques
• Punitive approaches that may constitute emotional, psychological and/or social abuse of a participant eg aversive practices, denial of key needs, practices related to degradation or vilification, overcorrection, practices that limit or deny access to culture or remove positive items or activities because of the person’s behaviour.

Additionally, there are practices not referred to in the practice alert that are prohibited in the state or territory in which providers and workers may operate. Providers and workers should be aware of the practices that are prohibited by law in the state or territory in which they operate.

Any high-risk restrictive practices must be ceased immediately and replaced with proactive and evidence-informed alternatives. If the practice is included in a positive behaviour support plan for a participant, the practice must be ceased and removed from the plan.

The NDIS Commissioner remains concerned about the use of high risk restrictive practices in the sector and use of these practices by NDIS providers constitutes a serious breach of the NDIS Code of Conduct. The NDIS Commissioner will take strong action against any provider and individuals that engage in these practices.

We recommend NDIS providers read the Practice Alert and review their current practices to ensure that no high risk restrictive practices are in use.  If you are concerned about your current practices or would like to have a discussion on how you are implementing restrictive practices in your business please contact us on 0478 616 207 or info@engelsfloyd.com for a complimentary consultation.

As an NDIS provider do you know your clients have consumer rights for the supports they purchase under Australian Consumer Law?

Just like regular businesses providing goods and services to consumers, businesses who provide goods and services to consumers with a disability have obligations under the Competition and Consumer Act 2010 (CCA), referred to as Australian Consumer Law and the NDIS Code of Conduct. The consumer law provides a set of protections and obligations for any consumer transaction within Australia, including those through the NDIS.

Under the Australian Consumer Law, NDIS participants have the following rights when purchasing a product or service:

• the right to be treated fairly
• the right to be given accurate information before they buy
• the right to cancel a faulty service
• the right to purchase goods or services that are of acceptable quality, fit for purpose and match the description or sample provided to the consumer (consumer guarantees). When the consumer guarantees are not met consumers are entitled to a repair, replacement or refund depending on the severity of the failure.

These consumer rights apply to:

• general products (e.g. groceries, clothes and household items)
• disability related products (e.g. an assistive hearing device or mobility aids) 
• services (e.g. accommodation, cleaning, cooking, personal care, gardening services or case management supports).

The ACCC have released resources to assist NDIS participants and providers understand consumer rights when selling and buying goods and services.

We recommend NDIS providers read the following  Guide to competition and consumer law: for businesses selling to and supplying consumers with disability | ACCC to help understand their obligations under Australian Consumer Law (ACL). 

Breaches of NDIS participants consumer rights are a key concern of relevant government agencies.  On 22 January 2021, the ACCC, NDIA and the NDIS Commission jointly issued an open co-signed letter to NDIS providers. The letter was issued to remind NDIS providers (both registered and unregistered) of their obligations to consumers under both the ACL and the Code.

In the letter all agencies said that they were aware of a number of emerging consumer issues within the disability sector, with some NDIS providers not meeting their consumer protection obligations. Issues affecting vulnerable consumers are an enduring priority for the ACCC and they will not hesitate to take action when these laws are breached including serious financial penalties, court ordered corrective actions and reputational costs. 

Some conduct that is in breach of the consumer law may also lead to action being taken by the NDIS Commission against a provider under the NDIS Code of Conduct. For example, ‘sharp practices’ are considered unethical and are discouraged under the NDIS Code of Conduct and may also constitute conduct that is considered misleading and in contravention of the consumer law. ‘Sharp practices’ refers to unfair treatment or taking advantage of people. Examples of this include: 

• providing services or expending funds contrary to a person with disability’s approved plan 
• asking for or accepting any additional fees for providing the service 
• offering inducements or rewards that have no particular link to a person’s NDIS plan and that could be perceived to encourage people to take up or continue with your organisation or a particular service option, and 
• engaging in high-pressure sales tactics.

The ACCC have also released a range of useful resources for NDIS participants in different formats to help them understand and use their consumer rights when they pay for a product or service themselves or through their state or territory’s disability support system, including complaints pathways. Consumers with disability | ACCC.  We recommend you make your NDIS participants aware of these resources and their consumer rights.

If you would like to discuss any of the issues raised above or any other NDIS requirements that are impacting your business please contact us on 0478 616 207 or info@engelsfloyd.com for a complimentary consultation.

Having the right position descriptions are vital to attracting the right people to your organisation with the skills and knowledge that are suited to the role and your NDIS business.

 A position description provides useful information to potential workers about the role and expectations and provides feedback to existing workers.

The NDIS Workforce Capability Framework describes the attitudes, skills and knowledge that service providers and workers should demonstrate when delivering services to people with disability under the NDIS. 

The Framework describes core worker capabilities that can give your workers and potential workers a clearer understanding about both the type of work and how it should be done. 

The core capabilities can be used as the foundation for building and reviewing current position descriptions that are suited to different participant needs and delivery environments.

The NDIS Commission has released a Position Description Tool to support NDIS providers to develop position descriptions based on the capabilities in the Framework.

The tool will help you create detailed position descriptions that include important information of the position and that aligns with the Workforce Capability Framework.  

The tool is interactive and will automatically populate with capabilities from the Framework based on the type of role you are creating. 

We encourage all NDIS providers to read about the NDIS Workforce Capability Framework and gain an understanding of the capabilities you need to deliver supports and review how the Position Description Tool can be used in your organisation.

Under the NDIS Quality and Safeguarding Framework, all registered NDIS providers whose last audit was a certification or recertification are required to complete a mid-term audit as a condition of maintaining your registration as a NDIS provider. 

We recommend all NDIS providers look at their registration certificate on the NDIS Commission’s portal and/or website and be clear about when your mid-term review date will take place. This should be no later than 18 months into your three year registration period. 

Your previous auditor should contact you prior to your mid-term audit to remind you that it is coming up, but it is still your responsibility to ensure the audit is undertaken.

The mid-term audit is an onsite assessment of how well you are continuing to meet the requirements of the NDIS Practice Standards, which will include interviews with participants, staff and key personnel.

The mid-term audit will focus on the Governance and Operational Management Practice Standards, any ‘highest risk’ supports you deliver, and non-conformances from previous audits.  The audit team will also be assessing how you have implemented the new (and amended) Practice Standards released in November 2021, including Mealtime Management, Severe Dysphagia Management (if appropriate), and Emergency and Disaster Management.

We recommend you review your policies and procedures to reflect the changes to the Practice Standards including having in place a current Emergency and Disaster Management Plan.  

It is also a mandatory requirement you can demonstrate, and you have a robust Internal Audit program in place as well.

If you fail to undertake a midterm audit by the due date the NDIS Commission will contact you to notify you that you may be in breach of the conditions of your NDIS Registration and may take compliance or enforcement action including revocation of your registration or other regulatory action if an audit is not completed.

Need help with your mid-term audit?

We have successfully helped many NDIS providers prepare for mid-term audits. If you would like help in preparing for your next mid-term audit please contact us on 0478 616 207 or info@engelsfloyd.com for a complimentary consultation.

What is the NDIS Workforce Capability Framework?

The NDIS Workforce Capability Framework (the Framework) translates the NDIS principles, Practice Standards and Code of Conduct into attitudes, skills, knowledge and observable behaviours that service providers and workers should demonstrate when delivering services to people with disability under the NDIS.

It gives clear, practical examples and establishes a shared language of ‘what good looks like’ for participants when they receive NDIS services and support.

The Framework is organised around the essential characteristics of work in the NDIS. There are five broad participant centred objectives to describe common expectations of support provided:

• Our relationship: Set up our relationship for success
• Your Impact: Know your capabilities, role and impact
• Support Me: Support me to pursue what’s important to me
• Be Present: Be present and provide the support I need
• Check In: Work with me to evaluate and act on what is working and what is not

Although the Framework is not mandatory, using it as a guide to explain expectations about the way support is provided is beneficial in ensuring the NDIS quality requirements are met when delivering services to your participants. It also describes essential features of organisational culture, systems and practices needed to support a capable workforce.

The Framework describes core worker capabilities to meet the five key objectives. Capabilities are the foundation for building descriptions of support activities and procedures, suited to different participant needs and delivery environments.

Targeting workforce planning and recruitment around the capabilities and knowledge required to do the work rather than focusing on the work practices themselves will ensure roles will be suited to the different participant needs and delivery environments.

How can you apply it to your organisation?

The NDIS Workforce Capability Framework focuses on shaping the overarching organisational culture and systems and also more specifically work practice and processes.

Governing bodies, managers and leaders in an organisation can use the Framework to establish an organisational culture, systems, policies and processes that nurture and promote capable people and support the principles of the NDIS.

We advise that you first read the NDIS Workforce Capability Framework and gain an understanding of the capabilities you need to deliver supports. Then review and update as appropriate your governance and operational management and participant service provision policies and procedures to ensure they align with the objectives and capabilities in the Framework.

Governance and operational management policies and procedures should incorporate the organisational capability descriptors that describe the culture and systems needed to enable and support a capable workforce.  Areas you might focus on may include ensuring:

• NDIS values are embedded in organisational culture and practice by setting up and communicating business values and workplace culture expectations that promote and reinforce the principles of the NDIS, such as upholding human rights, celebrating diversity and respecting the voice of those with lived experience. This can be reflected in your strategic and business plan, participant and employee documentation and communication.
• Organisational policies and procedures enable, support, and reinforce best practice processes focuses on meeting high quality service standards and measure and adjust services to continually improve the quality and reliability of support. This can be reflected in your research and training programs and organisation performance evaluations.
• An organisational environment that promotes learning and development activities that are framed around supporting the capabilities and supports career development for workers in disability and the wider care sector.

This can be reflected in your human resources policies and training and development plans.

• Approaches to manage health and risk, consistent with the rights of people with disability to take and learn from risks, NDIS and organisational values, and the right of workers to a safe work environment. This can be reflected in your risk management policies and risk registers.
• Systematically engage people with lived experience and workers when designing, managing and improving service models and practice, including ongoing consultation with participants in governance and service delivery activities.
• Reviewing strategic workforce planning and strategies and human resources policies and procedures to ensure capabilities form the basis of planning, building position descriptions, recruiting, and inducting workers.
• Ensuring specialised support capabilities that apply to workers supporting participants who require specific types of support such as support coordination, development of health or allied health support plans are incorporated into your Module 1 High Intensity Daily Personal Activities policies and procedures. Note: The Framework complements and provides additional advice but does not replace existing advice published by the NDIS Commission on workforce capability requirements. This includes advice contained in the High Intensity Support Skill Descriptors and the Positive Behaviour Support Capability Framework.

Tools and resources that may be useful

The NDIS Commission have developed a range of Framework-based support tools and guidance to support providers to use the Framework. Tools & Resources | NDIS Workforce Capability (ndiscommission.gov.au)

These include:

• Self-assessment Tool (for Potential Workers)
• Position Description Builder (PD Builder)
• Recruitment and Selection Guide 
• Career Options Guide 
• Workforce Management and Planning Tool 

The NDIS Quality and Safeguards Commission (NDIS Commission) has reviewed and modified the High Intensity Support Skills Descriptors as part of the NDIS Workforce Capability Framework project. The revised Skills Descriptors will come into effect from 1 February 2023.

The skills descriptors describe the skills and knowledge that workers (who are not qualified health or allied health practitioner) should have when supporting participants with high intensity daily personal activities in the NDIS Practice Standards (High Intensity Daily Personal Activities Module 1).

The NDIS Commission advises that the High Intensity Support Skills Descriptors are to be used as best practice guidance for:

• Auditors when auditing the high intensity daily personal activities modules.
• Providers for compliance, that the workers have the necessary skills and receive the training and support they need to achieve them.
• Participants, their family and their support network to understand the quality of support they can expect when engaging providers and selecting workers.
• Trainersshould use the skills descriptors to ensure the training they offer equips workers with the skills and knowledge expected to provide these types of support.

The key theme in the revisions focus on updating the skill descriptor content in line with contemporary practice and contemporary language and a participant focus adopted in the NDIS Workforce Capability Framework.

Key areas of note include:

• Expansion of the breath of the skills descriptors document so there is now greater information and guidance available.
• Participant focus on engagement and control is reflected in the language in line with the NDIS Workforce Capability Framework. One key example of this is replacing the term ‘management’ with ‘support’ Eg. enteral feeding and management is now enteral feeding support (noting the NDIS Practice Standards terminology remains unchanged).
• Improved alignment between the skill descriptors and Module 1 High Intensity Daily Personal Activities (HIDPAs) to include the following changes:
  • A new descriptor has been included in the skill descriptors to support participants with dysphagia.
  • The stoma care skill descriptor has now been integrated into descriptors for bowel care, enteral feeding, tracheostomy support and ventilator support and supporting people who use urinary catheters.
  • The wound care skills descriptor has changed from being additional advice to being included as a skill descriptor.
  • Some of the revised skill descriptors include optional guidance to support common applications. For example, the skill descriptors for subcutaneous injections includes guidance when supporting a participant to manage diabetes; the enteral feeding the skill descriptors provides guidance when workers are supporting participants who receive medication via a feeding tube.
  • The skill descriptor to support mealtime preparation and delivery which was in the previous version as an additional descriptor is now included as an additional capability in the workforce capability framework.
• Greater focus on training and skill development and the need to maintain skills and knowledge and providing training as required, especially when there are changes in participant support plans or support workers.

We recommend that you review the revised High Intensity Support Skills Descriptors and identify which areas of your organisation this will impact, in terms of policies and procedures, training programs and registers, internal audit and compliance registers before they come into effect in the beginning of February 2023.

If you are unsure if your documentation covers off on these requirements, we are here to help, contact us on 0478 616 207 or info@engelsfloyd.com for a complimentary consultation to chat about your compliance obligations.

People with disability have a right to access accommodation that supports them to live independently, feel safe and secure and feels like their home.

During 2021 and 2022, the NDIS Quality and Safeguards Commission undertook an Inquiry looking at the experiences of NDIS participants living in supported accommodation.

The Inquiry examined 7000 reportable incidents and complaints that had been made to the Commission in connection with the supported accommodation services (specifically group homes) by 7 of the largest providers of these services over the period 1 July 2018 to 30 September 2022.

The inquiry focused on trying to better understand the challenges faced by participants living in supported accommodation and providers in creating environments that support participants’ disability needs, while providing a sense of home.

One of the key objectives was to identify models of best practice for the delivery of supported accommodation that can inform how the NDIS Commission work with providers in this area, and the development of relevant practice standards and quality indicators.

The key findings of the Inquiry include:

• Greater engagement with people living in group homes is required to support their exercise of choice and control.
• The attitude and aptitude of the workforce drives a high number of the issues evident in group home settings.
• The interaction of supported independent living (SIL) and specialist disability accommodation (SDA) arrangements affects the ability of people with disability in supported accommodation to make changes to their living arrangements.
• The need to better understand the supported accommodation market and how including improving the collection, monitoring and analysis of relevant data.
• The interface with health and the supported accommodation system is not effective for many people living in these settings.

The Commission has released an Action Plan setting out three key areas of response to these findings.

1. Elevate the quality and safety of supported independent living services

• The need for specific regulation of group home settings to enhance the quality and safety of these settings for people with disability by developing new Practice Standards and quality indicators specific to supported accommodation.
• Educate providers and workers through continued focus on the NDIS Workforce Capability Framework to build workers capability.
• Work with providers to co-design and pilot aspects of the best practice model for supported accommodation.
• Target education initiatives to promote best practice in the areas of complaint and incident management, governance models, person-centred Active Support and participant rights and individual choice and control.
• Increase oversight and compliance of supported independent living services.
• Enhance guidance for reportable incidents.

2. Amplify the voice of people with disability living in supported accommodation

• Develop targeted programs of communication, engagement and education to give people with disability living in supported accommodation ways to exercise their rights.
• Support providers to allow participants living in larger facilities to have greater choice and control in the changes to their living arrangements and the design and delivery of supports in their new homes.
• Ensure the voice of participants are embedded in the audit scheme by including a Consumer Technical Expert in the audit scheme.

3. Improve the NDIS to maximise the choice, control and experience of participants living in supported accommodation.

• Build a deeper understanding of the supported accommodation market and the interaction of supported independent living and specialist disability accommodation.
• Undertake research to grow understanding of the factors that influence participant personal wellbeing, including the role of choice.

Further detailed consultation with people with disability is planned to inform how best to implement the changes arising from this Inquiry.

Further information on the inquiry and a copy of the report can be found at Own Motion Inquiry into Aspects of Supported Accommodation in the NDIS | NDIS Quality and Safeguards Commission (ndiscommission.gov.au).

If you would like to discuss whether you are meeting your requirements under the NDIS Practice Standards for supported disability accommodation of supported independent living we are here to help, contact us on 0478 616 207 or info@engelsfloyd.com for a complimentary consultation to chat about your compliance obligations.