The EFQC Enquirer: 14 March 2025

In this edition

• Adelaide NDIS Compliance Confidence Workshop – A Huge Success!
• Recap of the Perth NDIS Provider Forum: Compliance, Sustainability & Strategy 12 March 2025
• Upcoming NDIS Workshops
• NDIS Quarterly Report Q2 2024–25: Key Insights for Providers
• Worker safety and reducing violence tools
• Updates to the Positive Behaviour Support Capability Framework
• The Importance of knowing your NDIS Director and Governance Obligations (Bronwyn Herbertson, Associate, Engels Floyd Quality Consulting)

Adelaide NDIS Compliance Confidence Workshop – A Huge Success!

The Adelaide NDIS Compliance Confidence Workshop was an absolute standout event, bringing together passionate NDIS providers for a morning of expert insights, engaging discussions, and valuable networking.

Attendees enjoyed informative presentations from industry leaders, including:

• Sharon Floyd – Breaking down the upcoming mandatory registration changes for support coordination, SIL, and platform providers.
• Patty Wassenaar – Providing a clear roadmap to audit readiness and compliance confidence.
• Bronwyn Herbertson – Outlining the essential governance and compliance obligations for NDIS Directors.

The interactive setting encouraged lively discussions, with attendees asking insightful questions and sharing their experiences. The room buzzed with collaboration, networking, and a shared commitment to quality and compliance in the NDIS sector.

And of course, the delicious sit-down breakfast and fresh coffee added the perfect touch to a fantastic morning!

Missed out? We’ve got you covered!

We are looking to hold an online version of this workshop soon! If you’re interested in attending, email info@engelsfloyd.com to express your interest. Stay tuned for more details!

Recap of the Perth NDIS Provider Forum: Compliance, Sustainability & Strategy 12 March 2025

It was fantastic to see such an engaged and committed group of NDIS providers at the Perth NDIS Provider Forum: Compliance, Sustainability & Strategy on 12 March 2025.

The event brought together amazing speakers and providers to discuss critical compliance challenges and navigate the ever-evolving NDIS landscape.
 
Our own Sharon Floyd, Director of Engels Floyd Quality Consulting, delivered an insightful session on the upcoming mandatory registration for Platform Providers, SIL, and Support Coordination. She broke down the key changes and provided practical guidance on staying audit-ready, balancing quality with regulatory compliance, and elevating safety standards in service delivery.
 
Our associate Bronwyn Herbertson shared her expertise on NDIS Director and Governance Obligations. Her presentation was compelling, thought-provoking, and essential for all NDIS Directors, covering the critical responsibilities and compliance expectations that come with leadership roles in the sector.
 
The interactive discussions throughout the day showcased just how passionate and dedicated the NDIS provider community is. Attendees raised challenging issues, asked insightful questions, and contributed to a collaborative and solution-focused environment.

Upcoming NDIS Workshops

Ready to expand your knowledge and stay ahead in the NDIS sector?
Join our expert trainers as they share valuable insights, real-world experience, and practical strategies on NDIS compliance and quality management. Our interactive and engaging sessions are designed to educate, inspire, and encourage meaningful discussions, helping you navigate the complexities of the NDIS with confidence

1. NDIS Director Responsibilities

Are you aware of your legal responsibilities as a Director of a NDIS Company? 

It is essential that you fully understand your NDIS responsibilities, as well as other federal and state statutory and common law requirements.

With the recent news and updates in the NDIS headlines, it’s more important than ever to stay informed about compliance standards and best practices.
This training will outline:

• The responsibilities of a Company Director,
• Specific NDIS requirements,
• The various types of statutory and common law requirements including ASIC, Work Health and Safety 
• Suggestions on how to meet those requirements,
• Potential penalties for breaching the requirements – these can be significant!,
• Case studies of breaches of NDIS requirements and outcomes for directors.
• Opportunity for Q&A’s 

Workshop details:
Date: Wednesday 16th April 2025
Time: 10:00am to 12:30pm AEST

Register here

Mastering NDIS Compliance & Quality: A Roadmap to Audit Success

Are you an NDIS provider looking to strengthen your compliance while maintaining high quality services?

This comprehensive and practical workshop will equip you with the knowledge and tools to navigate NDIS regulatory requirements with confidence and ensure you are confident in passing your NDIS audits.

The workshop will cover:
1. Understanding NDIS Regulatory Compliance

• What does compliance truly mean under the NDIS Quality and Safeguards Framework?
• Key legislation, practice standards, and regulatory requirements every provider must follow.

2. Building Strong Quality Management Systems

• How to develop effective quality systems that align with compliance.
• The role of governance, leadership, and staff in creating a quality-driven organisation.
• Practical strategies for maintaining compliance with NDIS rules, conditions of registration, and audits.
• The importance of internal audits, risk management, and documentation.
• Avoiding Common Compliance Pitfalls

3. Passing Audits with Confidence

• What auditors look for and how to demonstrate compliance.
• How to ensure your staff, policies, and systems are always audit-ready.
   

Workshop details:
Date: Thursday 17^th April 2025
Time: 10:00am to 12:00pm AEST

Register here

3. Audit Ready, all the time

 We are very excited to be again running the very successful Audit Ready, all the time workshop in collaboration with National Disability Services (NDS) targeted at assisting providers to be prepared for their upcoming NDIS audits.
 
Many providers panic at ‘audit time’ with lots of time and effort going into preparing for audits – which is ridiculous. It is easy to just have good systems in place for Managers and staff to follow, so that ‘things just work’.
 
This hands-on, three hour online workshop will equip you with knowledge and skills so you can be confident that your systems are audit ready all the time.
 
The workshop will include:

• An overview of NDIS Practice Standards and Requirements
• What it means to be ‘Audit Ready’
• Management Systems – basic requirements
• A step by step structure for effective systems, documentation and records.
• An outline of ‘the minimum’ requirements and what this means in practice.
• How to make sure you are audit ready all the time, including management and staff processes
• What leads to success.
• Why providers fail audits – the most common system gaps and non-conformance areas.

 Each participant will receive learning resources and tips to establish and maintain good Management Systems to ensure you’re always confident when formal audits are due.
 
Workshop details:
Date: Friday 11^th April 2024
Time: 1:00pm to 4:00 pm AEST

Register here

Important information

NDIS Quarterly Report Q2 2024–25: Key Insights for Providers

The National Disability Insurance Agency (NDIA) has released its NDIS Quarterly Report for Q2 2024–25, covering 1 October to 31 December 2024. This report outlines key trends, legislative changes, and improvements in participant outcomes.

Key Takeaways for NDIS Providers

Growth and Participant Trends

• 692,823 Australians now receive NDIS support, a 1.9% increase from Q1.
• 19,938 new participants entered the Scheme
• Annual growth rate now 11.9%, working towards the 8% target by 2026–27.

Service Delivery Improvements

• 74% of complaints resolved within 21 days (up from 54% in Q1).
• 800+ additional frontline NDIA staff hired to reduce wait times.
• Automatic participant plan extensions prevent disruptions in support.

Provider Registration & Compliance

• 7% increase in registered providers, now at 21,387.
• Lower-risk registration renewals processed 76% faster (22-day turnaround).
• Reduction in Certification application registration decision time from 340 days (Sept 24) to 204 days (Dec 24).
• 2,059 compliance and enforcement actions, including 1,218 registration refusals.
• 48% of complaints relate to provider practices, underlining the importance of quality and safeguards.

Upcoming Initiatives & What Providers Need to Know

• $280 million investment in workforce training, improving strengths-based assessments.
• $40 million in grants for disability-led organisations, fostering advocacy and self-determination.
• First Nations Reference Group launched, shaping culturally responsive NDIS policies.
• Enhanced fraud prevention efforts, with 15,000+ participants protected from provider misconduct.

Worker safety and reducing violence tools

Ensuring the safety and wellbeing of workers is essential to delivering high-quality, safe supports to NDIS participants. The NDIS Quality and Safeguards Commission has some great online resources focused on reducing violence against workers, offering essential guidance to help providers understand and manage risks related to worker safety.

This resource includes comprehensive, up-to-date information and links to national, state, and territory specific guidance on worker safety as well as self-assessment safety and risk assessment tools to help you to understand the safety risks in an individual participant’s home. They have been developed by SafeWork NSW but are useful to participants and workers in any state or territory.

• Home safety checklist for participants to complete and share with workers
• Home safety risk assessment for workers to complete and identify actions.

We encourage all providers to review and share this important information with their teams. By staying informed, implementing best practices, and fostering a culture of safety, you can help protect your workers while maintaining the highest standards of care for NDIS participants.

If you need support understanding your NDIS obligations in this area, feel free to email us at info@engelsfloyd.com or call 1300 790 194.

Updates to the Positive Behaviour Support (PBS) Capability Framework

The Positive Behaviour Support (PBS) Capability Framework plays a key role in guiding the NDIS Commission’s decisions about who is eligible to become an NDIS behaviour support practitioner. To enhance understanding and improve clarity, the Commission have made some important updates to the Framework. These changes aim to:
Simplify the application process for those wishing to become a PBS practitioner.
Provide clear pathways for current practitioners to progress through different levels of professional development.
If you are already a PBS practitioner or considering becoming one, we encourage you to visit the Positive Behaviour Support Capability Framework page. There, you can download the updated framework and gain insights into the role of positive behaviour support in the NDIS.

To ensure the Framework remains effective and relevant, the NDIS Commission have also enlisted Flinders University to conduct a review of how the NDIS Commission determines the eligibility of behaviour support practitioners. This review will help to improve the quality of behaviour support services provided under the NDIS. The Commission will be releasing information soon on how you can contribute to that review.

Ask the Experts

Why Knowing Your NDIS Director and Governance Obligations Matters

By Bronwyn Herbertson, Associate, Engels Floyd Quality Consulting. Bronwyn is a NDIS auditor and solicitor who has worked extensively in the NDIS sector.

As an NDIS Director, understanding your responsibilities isn’t just about ticking compliance boxes—it’s about ensuring the safety and quality of services for participants and protecting yourself personally. I’ve seen firsthand how crucial it is to be across these obligations, and yet, too often, directors underestimate the risks they face.

Under the Corporations Act 2001, directors hold significant responsibilities and can be personally liable if things go wrong. That means unpaid taxes, superannuation obligations, breaches of workplace health and safety laws, and violations of the Fair Work Act could all land directly on your shoulders.

The reality is, ignorance is never a defence—directors must actively seek information and maintain oversight to avoid breaches.

What Are the Risks for Directors?

• If you don’t fully understand and uphold your governance obligations, the consequences can be severe. Directors can face:
• Personal financial penalties
• Disqualification from holding directorships
• Reputational damage
• In extreme cases, even criminal prosecution or imprisonment
• The highest risks often come from areas like workplace health and safety, financial solvency, privacy and cybersecurity, anti-discrimination laws, and consumer protection.

What About Risks to NDIS Participants?

When governance fails, it’s not just directors who suffer—NDIS participants can be put in harm’s way. Participants rely on providers to deliver safe, high-quality, and compliant support services. If a provider is mismanaged, it can lead to:

• Serious safety incidents
• Inadequate care
• Financial misuse, such as claiming funds for services that were never delivered
• Directors must ensure their organisation complies with the NDIS Code of Conduct to prevent abuse, exploitation, and neglect of vulnerable individuals. Non-compliance not only endangers participants but can also result in severe reputational damage and substantial financial penalties for the organisation.

One of the most sobering recent examples is the Valmar case, where, on 22 January 2025, the Federal Court of Australia ordered Valmar Support Services Ltd to pay a record $1,916,250 in civil penalties after systemic failures led to the tragic death of a participant. The court’s decision reinforces that failing to meet governance obligations doesn’t just lead to financial penalties—it can have devastating, real-world consequences.

So, What Can You Do?

If you’re a director in the NDIS space, you need to take proactive steps to protect yourself and your organisation. Here are some key actions I always recommend:

• Regularly participate in training and professional development
• Engage qualified professionals to manage critical business areas like finance, HR, and risk
• Conduct internal audits to identify and fix compliance gaps
• Set up strong systems to monitor and respond quickly to risks or incidents affecting participants
• Taking governance seriously doesn’t just safeguard your organisation—it protects you personally and, most importantly, ensures participants receive the high-quality services they deserve.

If you’re unsure about your obligations or just want to deepen your understanding, we’re running a NDIS Director Responsibilities workshop on Wednesday 16th April 2025. This session will give you the essential knowledge you need to fully grasp your duties—not just under the NDIS framework but also under federal and state statutory and common law requirements.

I hope to see you there—it’s an investment in your organisation, your reputation, and, most importantly, the people you support.

For further information or guidance on NDIS Director responsibilities, Engels Floyd Quality Consulting is here to help. Contact us at info@engelsfloyd.com or call 1300 790 194.