The EFQC Enquirer: 16 December 2024

In this edition

• Christmas Greeting
• NDS Executive Leadership Conference 9/10 December 2024 Adelaide
• NDIS Quarterly report to disability ministers Q1 2024–25
• Conflicts of interest in the NDIS provider market
• Sharon Floyd, Director at Engels Floyd Quality Consulting – Referee Checks: A Key Component of NDIS Code of Conduct Compliance

Christmas Greeting

As the year comes to a close, we want to extend our heartfelt gratitude to all our clients for your trust, support, and collaboration throughout 2024. Your confidence in EFQC has been the foundation of our success, and we deeply value the relationships we share.

We’re thrilled to announce that 2025 will begin with the launch of our brand new website early in the new year! This exciting development is designed to enhance your experience and provide even greater value as we continue supporting your goals.

Please note that our office will be closed from 25th December 2024 and will reopen on 13th January 2025 as our team takes a well deserved break to recharge for an exciting year ahead.

We wish you and your loved ones a joyful and peaceful Christmas and a wonderful start to the new year. We look forward to achieving even greater milestones together in 2025!

Warm regards,
The EFQC Team

NDS Executive Leadership Conference 9/10 December 2024 Adelaide

Last week, our Director, Sharon Floyd, attended the National Disability Services (NDS) Executive Leadership Conference on 9th and 10th December 2024 in Adelaide. This amazing event brought together leaders and innovators across the disability sector to explore emerging trends, challenges, and opportunities in the disability sector

Sharon engaged in dynamic discussions and gained valuable insights that will help EFQC continue to deliver impactful support and solutions for our clients. We look forward to integrating these learnings into our work and sharing key takeaways with our network in the near future.

Sharon also had an opportunity to catch up with Vlasta Tezak-Brown, Head of Learning and Development with National Disability Services who we partner with to deliver training to NDS members, Myron Mann and Tim Wilson, Bedford Group one of our valued clients, and enjoyed meeting Walter Tran from Centro Assist to talk about the importance of ethical NDIS consultants.

1. NDIS Quarterly report to disability ministers Q1 2024–25

The NDIA has released its Quarterly Report for Q1 2024–25, providing a comprehensive overview of the NDIS’s performance from 1 July to 30 September 2024. This report highlights significant legislative changes, improved participant outcomes, financial updates, and operational enhancements.

Key Highlights

Positive Participant Outcomes

• Community Engagement: 42% of participants aged 15+ reported increased community participation, a 22% rise since joining the NDIS.
• Participant engagement: 680,123 participants as of 30 September 2024, a 2.9% increase from the previous quarter.
• 23,667 new participants joined the NDIS, including 9.9% identifying as First Nations people and 6.9% from culturally diverse backgrounds.
• Employment Growth: Employment for participants aged 15–24 doubled, increasing from 10% to 22%.
• Choice and Control: 79% of participants aged 15–24 felt greater autonomy, up 12%.
• Complaints: Complaints resolution improved, with 54% resolved. The participant complaint rate decreased from 12.3% in the June 2024 quarter to 10.6% during this quarter
• The NDIA received 815 complaints from NDIS providers during the September 2024 quarter, which is 6.8% of registered NDIS providers and slightly higher than the previous quarter. Participant plans are the main focus of complaints, in particular the type and amount of funding and the time it takes to make planning decisions.
• Since the June 2023 quarter, the rate of  participant critical incidents (PCI) reports has remained steady at an average of 2.6% of participants with an active plan. The most common themes of PCIs received in the September 2024 quarter were abuse or neglect of a participant, followed by a participant being at risk of or attempting self-harm.

Provider Market

• Registered active providers at the end of September 2024 totaled 14,776, while the number of active unregistered providers totalled 213,090.
• A minority (8%) chose to have their plan managed entirely by the NDIA, while the majority (64%) preferred to engage a plan manager for some or all of their plan. It was reported that 28% of participants plan to self-manage all or part of their plan.
• 193,979 providers supported plan-managed participants, of which 13,870 were registered at some point during the quarter.

Improving NDIA Operations

• Over 500 new frontline staff have reduced waiting times and prioritised urgent participant requests.
• The National Contact Centre handled over 784,000 contacts.
• There was increased sharing of data and information with state and territory health agencies to support the timely discharge of participants deemed medically ready to leave hospital.

Collaborating with the Disability Community

• Co-design workshops engaged over 550 community members, while public consultations involved 7,000 participants, ensuring changes are participant-driven.
• Expert advisory groups provided insights on key reforms.

 2. Conflicts of interest in the NDIS provider market

 From May to July 2024, consultation with participants, providers and disability organisations was undertaken to understand experiences people have had with conflicts of interest. The insights gained through these engagement sessions have helped the NDIA and NDIS Commission develop a suite of resources to support the NDIS market to understand and manage conflicts of interest.

In November 2024 the NDIA released a Position Statement on Conflicts of Interest in the NDIS Provider Market.

The purpose of this Position Statement is to inform NDIS participants and providers of the NDIA’s position and expectations to identify, declare and manage conflicts of interest that occur in the NDIS provider market.

The Position Statement has strengthened the NDIA and NDIS Commission’s position on the managing conflicts of interest. 

A conflict of interest arises when a provider’s interests conflict with their duty to prioritise the participant’s needs. These can be actual, potential, or perceived and may limit participants’ autonomy, leading to undue influence over service delivery or decision-making. Common examples include:

• Providers pressuring participants to choose certain services for financial gain.
• Limiting participants’ choice of services.
• One provider controlling multiple facets of a participant’s NDIS plan.

There is an expectation that all NDIS providers are expected to make all efforts to avoid conflicts of interests. Recognising that conflicts may sometimes be unavoidable—such as in rural areas with limited service providers—the NDIA emphasises transparent management through proactive governance.

NDIS providers are expected to manage all conflicts of interest to the highest standard to ensure best outcomes are achieved for participants and the NDIS provider market. This includes:

• anticipate and identify all conflicts of interest, both at the beginning and throughout service delivery
• declare all conflicts of interest and be open with participants, their decision supporters and representatives with full transparency about any potential or real conflicts of interest and the associated risks
• discuss options with participants, their decision supporters and representatives to manage the risks associated with the conflicts of interest
• document strategies for managing the conflict of interest and monitor and review circumstances.

We urge all NDIS providers to become familiar with the Position Statement and additional resources to guide you in this area. If you require support in understanding and managing the conflicts of interest your organisation may be facing, please contact us for a complimentary chat on 1300 790 194 or email info@engelsfloyd.com.

ASK THE EXPERTS

Sharon Floyd, Director at Engels Floyd Quality Consulting Referee Checks: A Key Component of NDIS Code of Conduct Compliance

As a registered NDIS provider, ensuring compliance with the NDIS Code of Conduct is a fundamental part of your operations. One essential requirement outlined in the Code is incorporating referee checks into your recruitment and selection processes.

Why Are Referee Checks Important?

Referee checks play a crucial role in verifying that candidates have the skills, experience, and qualifications necessary for their role within your organisation. By speaking with individuals who have firsthand knowledge of a candidate’s professional abilities and conduct, you gain valuable insights that help ensure you are hiring individuals who align with the expectations of the NDIS Code of Conduct.

What Does the NDIS Code of Conduct Require?

Under the NDIS Code of Conduct Guidance for NDIS Providers document providers must ensure workers have the necessary training, competence and qualifications for the supports and services delivered.

It states that in practice this means:

1. supporting workers to adopt the values underpinning the NDIS, including choice and control and person-centred approaches
2. having recruitment and selection processes (including referee checks) that identify skills, experience and qualifications required by staff for the role.

Therefore,under the Code, NDIS providers must have robust recruitment and selection processes that include:

• Verification of Qualifications: Confirming that the candidate meets the educational or certification requirements for the role.
• Assessment of Experience: Understanding the candidate’s work history and ability to perform tasks relevant to the position.
• Evaluation of Skills: Identifying practical skills essential for delivering safe and high-quality services.

By completing referee checks, you demonstrate your commitment to upholding these standards, protecting participants’ rights, and fostering trust in the NDIS framework.

Incorporating referee checks into your recruitment process isn’t just a compliance measure—it’s a step toward building a team that reflects the values of safety, respect, and quality service delivery. When done effectively, referee checks provide the confidence that your workforce is equipped to meet the diverse needs of NDIS participants.

By embedding this practice into your operations, you strengthen your commitment to delivering the highest standards of care and support, ensuring your services align with both the expectations of the NDIS and the needs of the individuals you serve