The EFQC Enquirer: 16 January 2025

In this edition

1. Consultation on the Registration of NDIS Participants Who Self-Direct Their Supports
2. Independent Review into Music and Art Therapy Pricing
3. NDIS Commission Launches Digital Compliance and Enforcement Search Register
4. NDIS Commission Provider Alert: Protecting Participants from Fire Risks
5. What are the priority compliance activities for NDIS providers to review at the start of the year? (Sharon Floyd, Director at Engels Floyd Quality Consulting)

1. Consultation on the Registration of NDIS Participants Who Self-Direct Their Supports

In an important step toward enhancing choice and control for National Disability Insurance Scheme (NDIS) participants, the Department of Social Services (DSS) has released a consultation paper proposing a new registration category for participants who self-direct their supports. This initiative follows recommendations from the NDIS Worker and Registration Taskforce, aimed at improving the experience of participants who choose to take greater control of their funded supports.

Key Areas for Consultation
The consultation paper seeks input on three critical aspects of the proposed registration category:

1. Defining Self-Directed Support for Registration Purposes
   Stakeholders are invited to provide feedback on what constitutes self-directed support within the framework of this registration. This includes clarifying the scope and nature of self-direction to ensure participants have a clear understanding of the responsibilities and freedoms this approach entails.
2. Participant Obligations
   The paper explores the potential obligations that should apply to participants who self-direct their supports. This may include compliance with NDIS standards, maintaining appropriate documentation, and ensuring quality and safety in the services they engage.
3. Support from the NDIS Commission
   The paper explores how the NDIS Commission can best support registered self-directing participants. This could involve tailored resources, training, or ongoing compliance support to help participants navigate their responsibilities effectively.

Feedback on the consultation paper is open until 7 February 2025. Contributions can be submitted through the DSS consultation platform.

2. Independent Review into Music and Art Therapy Pricing

The National Disability Insurance Agency (NDIA) has announced an independent review into the appropriate pricing of music and art therapy supports under the National Disability Insurance Scheme (NDIS). This decision follows recent controversy over price cuts to these therapies, which the NDIA had deemed lacking sufficient evidence of effectiveness.

The independent review will focus on:

• Effectiveness of Music and Art Therapy: Evaluating existing evidence on how these therapies benefit people with disabilities, including their impact on quality of life and overall outcomes.
• Practitioner Qualifications and Registration: Reviewing the credentials and professional standards required for music and art therapy practitioners to ensure consistency and quality.
• Pricing Structure: Assessing the current pricing framework for these supports to determine whether it adequately reflects the value and cost of service delivery.

In light of this review, the NDIA has postponed the release of its new Operational Guidelines for music and art therapy to be published in 2025, following the review’s findings, which are expected in March 2025.

The NDIA has assured participants and providers that no changes to pricing or guidelines will be implemented until the review is completed and its recommendations carefully considered.

3. NDIS Commission Launches Digital Compliance and Enforcement Search Register

The NDIS Commission has unveiled a new Digital Compliance and Enforcement Search Register, enabling users to easily search for NDIS providers and individuals to determine if the Commission has taken any compliance action against them.

The new platform offers several user-friendly search options, allowing individuals to:

• Search by business name, individual name, or ABN.
• Narrow results by state or territory.
• Filter outcomes by the specific type of compliance action taken, such as banning orders, infringements, or notices.

By providing an accessible and transparent way to review compliance records, the tool empowers participants, families, and stakeholders to make informed decisions about the providers and services they engage with.

What It Means for Providers
For NDIS providers and workers, the register reinforces the importance of compliance with NDIS requirements. It serves as a reminder to maintain best practices and adhere to regulations to safeguard participant outcomes.

Engels Floyd Quality Consulting have a proven track record of successfully supporting NDIS providers in addressing compliance and enforcement notices. Additionally, we offer ongoing assistance to providers committed to implementing best practice standards in meeting their compliance responsibilities.

If you have questions or would like to explore how we can assist you, we invite you to book a complimentary, no obligation consultation. Contact us at 1300 790 194 or email info@engelsfloyd.com to get started.

4. NDIS Commission Provider Alert: Protecting Participants from Fire Risks

Did you know that people with disability face a significantly higher risk from home fires and emergencies compared to the general population? Alarming statistics show that 62% of people who die in preventable residential fires have a disability.

Fire safety and emergency planning is a critical component of safeguarding people from fire, enabling NDIS participants to live safely and with independence.

To address this critical issue, the NDIS Commission have released a new Provider Alert on Fire Safety Measures and a Quick Reference Guide, designed to help NDIS providers and workers understand their responsibilities in mitigating fire safety risks for participants.

Providers and workers are required to act on any reasonable or obvious fire risks they observe as part of their commitment to participant safety. This includes:

• Identifying and addressing potential fire hazards in homes and workplaces.
• Supporting participants to implement fire safety measures, such as functional smoke alarms and escape plans.
• Educating themselves and their teams on fire safety protocols.

We encourage all providers and workers to review the Fire Safety Measures alert, download the Quick Reference Guide, and take immediate steps to address fire risks within their services.

Ask the experts | What are the priority compliance activities for NDIS providers to review at the start of the year? (Sharon Floyd, Director, Engels Floyd Quality Consulting)

 As the new year begins, it’s the perfect time for NDIS providers to revisit their compliance strategies and ensure their operations are aligned with best practices and regulatory requirements. Prioritising these activities ensures that your organisation maintains its commitment to quality, safety, and regulatory standards. Here’s a strategic approach to tackling compliance activities at the beginning of the year:

1. Review and Update Internal Audit Schedules

Internal audits are the backbone of compliance. Take a close look at your internal audit calendar to ensure it aligns with your organisation’s current operations and compliance requirements. Regular audits are essential to identifying areas of improvement and mitigating risks. This proactive approach helps identify potential issues early and addresses them before they escalate.

2. Risk Assessment and Management

Conduct a comprehensive risk assessment to identify new or emerging risks. Update your risk management plans accordingly. This helps in prioritising areas that need immediate attention and resources and have the greatest potential impact on participants, staff, and organisational compliance. These could include:

• Incident management processes
• Worker screening and training
• Participant feedback and complaints handling
• Health and safety measures, including fire safety protocols.

3. Staff Training and Development

Ensure that all staff members are up-to-date with the latest NDIS Practice Standards and guidelines information they need to know as part of their role. Schedule regular training sessions and refreshers to maintain high standards of service delivery. Prioritising training in areas identified through audits and risk assessments can enhance overall compliance.

4. Policy and Procedure Review

Review and update organisational policies and procedures to reflect any changes in NDIS requirements or best practices. Make sure that these documents are easily accessible to all staff members and are implemented consistently across the organisation.

5. Client Feedback and Complaints Management

Establish a system for regularly collecting and reviewing client feedback. Address any complaints or concerns promptly and use this information to improve your services. Prioritising client feedback can help in identifying areas that need improvement and ensuring client satisfaction.

6. Documentation and Record-Keeping

Ensure that all documentation and record-keeping practices comply with NDIS standards. This includes client records, incident reports, and financial documentation. Regularly review and update records to maintain accuracy and completeness.

7. Continuous Improvement Plans

Develop and implement continuous improvement plans based on the findings from audits, risk assessments, and client feedback. Set clear goals and timelines for achieving these improvements and monitor progress regularly.

8. Compliance with Regulatory Changes

Stay informed about any changes in NDIS regulations and ensure that your organisation adapts to these changes promptly. This may involve updating policies, training staff, or modifying service delivery practices.

Reading our newsletters or connecting with me on Linked in is a great way of finding out what is happening in the NDIS sector.

By focusing on these key compliance activities at the beginning of the year, NDIS providers can ensure they are well-prepared to meet regulatory requirements and provide high-quality services to their clients. Remember, compliance is an ongoing process, and regular reviews and updates are essential to maintaining standards and achieving continuous improvement.

If you have questions about your compliance responsibilities we invite you to book a complimentary, no obligation consultation at 1300 790 194 or email info@engelsfloyd.com to talk about how we may support you.