National Disability Insurance Scheme News

The EFA Enquirer: 17 March 2023

In this edition

  • Upcoming Training
  • New NDIS Practice Alert on High Risk Restrictive Practices
  • NDIS Consumer Rights
  • NDIS Participant Fact Sheets about behaviour support
  • Own Motion Inquiry into Platform Providers Operating in the NDIS Market

Upcoming Training 

We are very excited to announce that we are running some brand new short course online training sessions via Zoom. Take a look below to see what we have on offer!

1. Introduction Internal Audit Training
24 March 2023 – 10:30am – 1:30pm AEST
Register here

2. NDIS Plan Review
27 April 2023 – 10am – 12pm AEST
Register here

3. Emergency and Disaster Management (Business Continuity)
28 April 2023 – 10am – 12pm AEST
Register here


New NDIS Practice Alert on High Risk Restrictive Practices

Did you know the NDIS Commission released a new Practice Alert on High Risk Restrictive Practices?

In January 2023, the NDIS Commission released a new Practice Alert on high risk restrictive practices.

High-risk restrictive practices place participants at high risk of harm and are associated with adverse and catastrophic outcomes for participants such as long-term psychological or physical injury and death.

The NDIS Commissioner remains concerned about the use of high risk restrictive practices in the sector.

We recommend NDIS providers read the Practice Alert and review their current practices to ensure that no high risk restrictive practices are in use.  You can read more about this new practice alert in our blog here.


NDIS Consumer Rights

As an NDIS provider do your know your clients have consumer rights for the supports they purchase under Australian Consumer Law?

Just like regular businesses providing goods and services to consumers, businesses who provide goods and services to consumers with a disability have obligations under the Competition and Consumer Act 2010 (CCA), referred to as Australian Consumer Law and the NDIS Code of Conduct.

The consumer law provides a set of protections and obligations for any consumer transaction within Australia, including those through the NDIS. Breaches of NDIS participants consumer rights are a key concern of relevant government agencies.

The ACCC have released resources to assist NDIS participants and providers understand consumer rights when selling and buying goods and services.  You can read more about these consumer rights at our blog here.


NDIS Participant Fact Sheets about behaviour support

The NDIS Commission have released five Fact Sheets about behaviour support targeted at NDIS Participants.  The fact sheets were created out of consultations with NDIS participants, peak and practitioner bodies to ensure they and their families have the right information about behaviour support delivered in an accessible manner.

The five participant fact sheets include:

  1. What is positive behaviour support
  2. Understanding your rights
  3. Choosing a specialist behaviour support provider
  4. What to expect from your specialist behaviour support provider
  5. What to do if you are not happy with your specialist behaviour support provider 

The participant fact sheets are available in Plain English and Easy Read formats.

There is also an Introductory Video – Participant Fact Sheets for Behaviour Support explaining the fact sheets.

We encourage NDIS providers to share these resources with their clients.

If you have any questions regarding your obligations in relation to behaviour support and restrictive practices please contact us on 0478 616 207 or info@engelsfloyd.com for a complimentary consultation.


Own Motion Inquiry into Platform Providers Operating in the NDIS Market

The NDIS Commission are conducting their Own Motion Inquiry into Platform Providers Operating in the NDIS Market .

NDIS Platform providers are online platforms and online subscription services that connect workers with NDIS participants. There are registered and unregistered Platforms Providers with variations in how quality and safeguards and uncertainty about who is responsible for ensuring services are delivered safely and of a high quality.

The number of Platform Providers now represent a significant and growing proportion of the NDIS market.

The Inquiry will hear from people with disability accessing NDIS services and supports through Platform Providers, and Platform Providers themselves.

The issues that will be looked at in the Inquiry include:

  • Participants access, experience and engagement
  • Supports and services accessed and delivered
  • Quality and safeguarding arrangements aligned with the NDIS Code of Conduct spanning quality improvement and assurance
  • Trends, patterns and insights from data and feedback
  • Relationship between Platform Providers, workers and participants
  • Differing business models, assurance and governance structures

The Commissioner intends to share key learnings and helpful resources with the goal to promote participant rights to safe and quality NDIS supports.

Consultations are open until 28 April 2023 and NDIS providers and participants can make a submission by:

– Sending an email to ownmotioninquiry@ndiscommission.gov.au

– Sending a recording or video

– Completing an online survey


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