The EFA Enquirer: 12 August 2024

In this edition

• Recap of City of Charles Sturt NDIS Networking Event
• NDIS Provider and Worker Taskforce Report Released
• Response to the Disability Royal Commission Report
• Who are ‘key personnel’ in NDIS registration (Patty Wassenaar, EFQC Technical Manager)

Recap of City of Charles Sturt NDIS Networking Event

We were excited to be asked by the City of Charles Sturt to present at their recent NDIS Networking Event on the 25th July 2023 and talk about the NDIS Review. Our Director, Sharon Floyd spoke about what we know so far about the NDIS Registration Taskforce findings which are likely to impact on provider compliance obligations, alongside Brendon Grail (Director Grail Group Consulting and Engels Floyd Quality Consulting Associate) who brought his expert knowledge of the impact of the NDIS review recommendations on NDIS providers.

Sharon also facilitated a panel discussion with local NDIS Providers, Cass Liebeknecht from Power to Move and Roisin Mcilduff from Behaviour for Learning, both of whom have benefited from our support through the Charles Sturt Business Support grant program.

We had a great time reconnecting with our valued clients and meeting many new providers.

NDIS Provider and Worker Taskforce Report Released

In response to the NDIS Review’s recommendation for compulsory, risk-proportionate registration or enrolment for all providers, NDIS Minister Bill Shorten formed the NDIS Provider and Worker Registration Taskforce to advise the government on the design and implementation of a new registration system.

The much-anticipated NDIS Provider and Worker Taskforce Report was released on August 2, 2024, with the Government now considering its findings.

Key Recommendations of the Report:

Graduated Risk-Based Registration Framework with Four Levels:

1. Advanced Registration: For high-risk supports and services, such as closed settings like group homes and supported employment.
2. General Registration: For medium-risk supports, such as personal care, high-intensity daily personal activities, community access, and therapy provided in community or private settings.
3. Self-Directed Support Registration: For participants or guardians who directly contract their supports, e.g., direct employment and Services for One.
4. Basic Registration: For lower-risk supports, such as sole traders or supports involving limited one-on-one contact with people with disabilities.

Additional Recommendations:

• NDIA move to electronic payments.
• Platform providers be registered.
• No registration required for goods purchased from mainstream retailers.
• SIL and Home and Living Support providers should be registered under the current model within the next few months.
• Establishment of a comprehensive Worker Registration Scheme.
• Mutual recognition for allied health practitioners within the recommended worker registration scheme.
• Strengthened provider obligations relating to the Code of Conduct, practice standards, worker screening requirements, complaints, and incident reporting.

Although the Government has yet to formally respond to this report, the changes to the NDIS registration and quality compliance framework will significantly impact both unregistered and registered providers. We encourage all providers to focus on strengthening their current quality management systems in anticipation of these changes.

If you would like to have a chat to us about how these changes might impact you, please let us know and we will arrange a complimentary consultation. We can be contacted on 1300 790 194 or info@engelsfloyd.com. We look forward to hearing from you.

Response to the Disability Royal Commission Report

 On 31 July 2024 all governments released a joint response to the findings of the Disability Royal Commission report. They advised that implementation will progress in a staged and sustainable manner alongside reform in response to the Independent Review of the National Disability Insurance Scheme (NDIS), ongoing implementation of actions under Australia’s Disability Strategy 2021-2031, and state, territory and local government disability strategies and inclusion plans.

Out of the 222 recommendations, 13 were accepted in full, 117 accepted in principle and 36 would be further considered and 6 noted.

Some of the recommendations that were fully accepted centered on:

• reviewing and updating the Australia’s Disability Strategy
• including homelessness in Australia’s Disability Strategy
• improving information about wages and the Disability Support Pension (DSP)
• expanding community connector programs
• making complaint processes accessible and
• publishing data about the unregistered provider market.

ASK THE EXPERTS

Who are ‘key personnel’ in NDIS registration (Patty Wassenaar, EFQC Technical Manager)

Engels Floyd are often asked about ‘Key Personnel’ and who these are within NDIS provider organisations.

The NDIS Commission web site has some good guidance on this: https://www.ndiscommission.gov.au/providers/registered-ndis-providers/provider-obligations-and-requirements/key-personnel which includes the following:  

Section 11A of the National Disability Insurance Scheme Act 2013 (NDIS Act) defines key personnel of a person or entity as: 

• a member of the group of persons responsible for the executive decisions of the person or entity;
• any other person having authority or responsibility for (or significant influence over) planning, directing or controlling the activities of the person or entity.

Key personnel can include, but is not limited to, CEO, executive staff members, managers and all members of the board of directors.

It is your responsibility to inform the NDIS Commission at the time of applying for registration, or renewing registration, of all the people who are key personnel of your organisation. 

Registered NDIS providers are responsible for keeping their key personnel information and contact details in their registration record with the NDIS Commission updated at all times via the NDIS Commission Portal. The quick reference guides can assist with accessing and navigating the Portal. The NDIS Commission does check these details carefully and undertakes its own checks to make sure that the key personnel are ’fit for purpose’ to run a NDIS business.

It is a requirement of registration that NDIS providers inform the NDIS Commission of:

• a change in key personnel, and
• a significant change in the organisation or governance arrangements of the provider, and an event relating to the suitability of the provider’s key personnel.

A reminder that key personnel have a number of governance responsibilities, and must also have worker screening checks and mandatory training responsibilities.