The EFQC Enquirer: 10 October 2024

In this edition

• Engaging Insights at the Multicultural Business and Entrepreneur Conference 2024
• Mandatory NDIS Registration for Platform Providers, Support Coordinators, and Supported Independent Living (SIL) providers
• Release of the final list of NDIS Supports
• Surveillance Technology in the NDIS
• Disability Services and Inclusion Act 2023: What You Need to Know (Sharon Floyd, Director Engels Floyd Quality Consulting)

Engaging Insights at the Multicultural Business and Entrepreneur Conference 2024

On October 8th, 2024, we had the privilege of attending the Multicultural Business and Entrepreneur Conference. The day was filled with valuable insights on business and leadership strategies. We were especially proud to see our partners, Sunita Miranda and Narayan Ramchandani from Cornerstone Alliance, presenting and contributing to the governance and compliance discussions.

A highlight of the event was Freddie Brincat from Community Bridges Services (CBS), whose passionate talk emphasised the role of corporate social responsibility in driving business success—an essential value we share at Engels Floyd Quality Consulting.

Mandatory NDIS Registration for Platform Providers, Support Coordinators, and Supported Independent Living (SIL) providers

On 16 September 2024, NDIS Minister Bill Shorten announced that platform providers, Support Coordinators, and Supported Independent Living (SIL) providers will soon be required to register with the NDIS Quality and Safeguards Commission.

This decision is in response to the recommendations provided to the Minister by the NDIS Provider and Workforce Registration Taskforce looking at progressing a new registration system for the National Disability Insurance Scheme (NDIS) that will better support participants through stronger regulation of providers.

At this stage, no timeframe was provided on when these providers need to register as further work is required on the

NDIS (Provider Registration and Practice Standards) Rules 2018.  Sector consultation on the Rules will start this month.

The new Rules will allow for a period of transition to the new mandatory registration arrangements, however the duration of the transition period is not clear at this stage.

If you are a SIL, Support Coordinator or Platform Provider it is important you learn about the new registration changes and requirements and start preparing for NDIS registration by looking at how your current systems are meeting NDIS Practice Standards and the Code of Conduct, especially around: complaints, feedback and incidents, governance and operational management, risk management and emergency and disaster management.

If you would like assistance in understanding the new registration requirements and how to prepare for registration please call us on 1300 790 194 or email info@engelsfloyd.com for a complimentary consultation.

Release of the final list of NDIS Supports

 On 1 October 2024, the government released the National Disability Insurance Scheme (Getting the NDIS Back on Track No. 1) (NDIS Supports) Transitional Rules 2024 which outline what NDIS supports can and cannot be funded under the NDIS scheme. The Rules will be only become final when both the the federal government and State and Territory governments sign off on the final Rules.

The lists will come into effect from 3 October 2024 and are designed to make it easier for participants to identify what can be funded by the NDIS, and what NDIS funding can be used to purchase. 

There is also a substitution list which will allow participants to request a replacement support in cases where a standard household item might be able to provide better outcomes and value.

There will be a ‘transition period’ for the first year of the new NDIS supports lists to ensure participants aren’t penalised for simple mistakes. 

The criteria for being classed as an NDIS Support for participants includes:

• it is for your impairments that meet the disability or early intervention requirements, or both
• it will help with your individual goals and aspirations
• it will help your social and/or economic participation
• it is value for money, which means that:
  • the cost of the support is similar to or cheaper than alternative options that can provide you with the same outcome (NDIS Supports for Participants Rule 3.1(a)); and/or
  • purchasing the support is likely to reduce the costs of funding for other supports in the long term (NDIS Supports for Participants Rule 3.1(c)).
  • it is effective and beneficial for you
  • it helps to maintain your informal supports
  • it is an NDIS support.

Some of the supports that are listed as NDIS Supports on the list include:

• Accommodation assistance or tenancy assistance
• Assistance in coordinating or managing life stages, transitions and supports
• Assistance to access and maintain employment or higher education
• Assistance with daily life tasks in a group or shared living arrangement
• Assistance with travel or transport arrangements
• Assistive equipment and products for recreation, household tasks and personal care and safety
• Community nursing care
• Daily personal activities
• Disability related health supports
• Household tasks
• Therapeutic supports

A full list of NDIS supports are here.

There are 15 categories of goods and services that are classified as not ‘NDIS supports’. These are services, items, and equipment that can’t be funded by the NDIS.

These include:

• Day-to-day living costs that are: accommodation and household related, finance and payments related, food and groceries, lifestyle related, clothing and beauty related services, travel and transport related, pet related, and reproductive health and family related.
• Not evidence-based including: alternative and complementary therapies , wellness and coaching related, energy and healing practices related,
• List of supports related to health, mental health, child protection and family support and school education, higher education and vocational education and training, employment, housing and community infrastructure, transport, justice, aged care.
• Unlawful goods and services
• Income replacement
• Sexual services and sex work, alcohol or drugs.

A full list of non NDIS supports are here.

Surveillance Technology in the NDIS: A Guide for Ethical and Effective Use

We know that the NDIS Commission is looking closely at how providers are managing surveillance technology.

In August 2022, the NDIS Quality and Safeguards Commission released the Surveillance Technology Practice Guide to provide guidance for the ethical use of surveillance technology in disability care settings. The guide aims to help NDIS providers balance safety, autonomy, and privacy when using surveillance technologies such as CCTV, GPS trackers, and motion sensors.

Purpose of Surveillance Technology

Surveillance technology refers to devices that collect information about an individual through electronic means. This can include: Closed Circuit Television (CCTV), Audio monitors, such as baby monitors and intercoms and Global Positioning System (GPS) devices.

Surveillance technology is used in disability care to enhance safety, monitor health, and increase independence. However, there is limited evidence that it effectively prevents abuse or neglect. While it may assist in identifying potential risks, surveillance alone cannot guarantee protection.

Surveillance as a Restrictive Practice

The guide highlights that surveillance technology can sometimes be classified as a restrictive practice, depending on its usage. For example, using GPS to restrict someone’s movement would be considered restrictive, while using it to assist with navigation would not. Providers must ensure that any restrictive use is documented and authorised as required by NDIS and State and Territory restrictive practices requirements within a positive behaviour support framework.  The guide provides some useful examples which demonstrate how the use of surveillance technology can be used to enable support or facilitate the use of a regulated restrictive practice.

Privacy and Human Rights

Surveillance technology raises significant privacy concerns, particularly in sensitive areas like bedrooms and bathrooms. The guide emphasises the need to comply with privacy laws and uphold the individual’s rights to dignity and personal privacy, in line with the UN Convention on the Rights of Persons with Disabilities.

Best Practices

The guide advocates for a human rights-based approach, urging providers to:

• Use surveillance only when necessary and with the least intrusion possible.
• Involve the individual and their family in decision-making.
• Ensure surveillance does not replace personal care or human interaction.
• Be lawful and adhere to privacy laws in the relevant state or territory.

Limitations of Surveillance

Surveillance technology has practical limitations, including technical failures, potential hacking, and the risk of complacency among staff. It should complement, not replace, active caregiving.

The guide provides a helpful checklist to help guide decision-making where surveillance technology is being proposed for use with people with disability. We recommend providers review the guide  to ensure they are using surveillance ethically and effectively, ensuring that it supports, rather than restricts, the rights and well-being of their participants.

ASK THE EXPERTS

Disability Services and Inclusion Act 2023: What You Need to Know (Sharon Floyd, Director Engels Floyd Quality Consulting)

EFQC works with a range of disability services, including those that aren’t NDIS providers and have compliance obligations as part of the Disability Services and Inclusion Act 2023 (DSI Act). This new Act took effect on 1 January 2024, replacing the previous Disability Services Act 1986. The DSI Act provides funding, outside of the National Disability Insurance Scheme, to persons that provide supports and services for the benefit of people with disability, their families and carers.  The new Act been expanded with the aim of promoting national consistency, coordination and accessibility of supports and services for people with disability and improving compliance and safeguards for the delivery of disability supports.

The Department of Social Services (DSS) has released a fact sheet titled “What’s New and What’s Different”, which outlines the key differences between the old Disability Services Act 1986 and the new DSI Act 2023. You can access it here.

Key changes include:

• Definition of Disability: previous Act had a defined target group where the new Act has no specific definition to avoid limiting access to supports. However, programs may still define target groups.
• Eligible Activities: have been expanded beyond advocacy and employment to include supports focused on accessibility, independent living, respite, community inclusion, education and research.
• Funding Arrangements: have been expanded not just to include grants but also procurement, or other funding arrangements.
• International Obligations: the new Act reflects Australia’s commitments under the Convention on the Rights of Persons with Disabilities and other international obligations.
• Regulatory Oversight: Certification will only be required for those delivering regulated, higher-risk activities involving substantial one-on-one contact or prolonged engagement. Therefore, providers are only required to hold a certificate of compliance if they deliver a ‘regulated activity’.
• Compliance Standards: Only providers of regulated activities need to comply, with the National Standards for Disability Services with potential recognition of alternative standards to reduce burden.
• Code of Conduct: There is a unified Code of Conduct for all services, aligned with the NDIS Code, with consequences for breaches.
• Complaints Management System: There is a mandatory complaints management system, with requirements to report breaches of the Code of Conduct.
• Incident Management System: There is a mandatory incident management system sized appropriately for the provider, with requirements to report and document incidents.
• Link to NDIS: a person or their key personnel are not able to access funding under the Act if they are subject to a banning order under the NDIS Act

Additionally, the Disability Services and Inclusion (Complaints and Incidents Management) Rules 2023 (Federal Register of Legislation – Disability Services and Inclusion (Complaints and Incidents Management) Rules 2023) lay out detailed guidelines for service providers.  Their systems and policies must acknowledge the role of advocates (including independent advocates), and other representatives, of people with disability; and facilitate arrangements for, those advocates, and other representatives, to support people with disability who are affected by the complaints process.

The complaints management and resolution system must provide for an easy and accessible process for making and resolving complaint to ensure they are resolved fairly and efficiently, as well as requirements for managing and reporting incidents, including reportable incidents. These rules also specify important record-keeping obligations. For more information, visit the DSS website: How to manage complaints.

The incident management system must set up procedures for identifying, assessing, managing and resolving incidents. These procedures must specify things such as the people to whom incidents must be reported, how people with disability affected by an incident will be supported and involved in resolving the incident and when corrective action is required.  Incidents must be documented and available to workers and persons with disability receiving supports or services from the covered person.  Reportable incidents must be reported the Department of Social Services within specified timeframes also.

How will this impact Advocacy and Disability Employment Services?

Advocacy and Disability Employment Services fall under the definition of a regulated activity so they will be subject to the new requirements under the Act including adhering to the new Code of Conduct and implementing an appropriate complaints and incident management systems. This includes stricter oversight, with reportable incidents and complaints relating to breaches of the Code of Conduct being mandatory to report to the Department of Social Services.

Is your organisation prepared for the Disability Services and Inclusion Act 2023?

With the new legislation in effect and being implemented progressively as organisations sign off on new grants you must ensure that your systems and processes are aligned to meet the updated compliance requirements. At EFQC, we can help you navigate these changes smoothly.

Our services include:

• Internal Audits & Preparatory audit: Ensure you are complying with the new regulatory standards around compliance and incident management systems.
• Document Reviews and Policy & Procedure Development: Review your policies and procedures to ensure they align with the new requirements or tailor your documents to meet the new Code of Conduct, complaints, and incident management systems.
• Training & Coaching: Equip your team with the knowledge and skills needed to implement the new changes in complaints and incident management, code of conduct expectations and quality management systems.

Contact us at 1300 790 194 or info@engelsfloyd.com for a free 20 minute consultation to discuss how we can support your organisation in successfully transitioning to the new framework!