Provider toolkit - Module 4 Guide to suitability June 2017 · PDF fileModule 4: Guide to Suitability June 2017. ... Provider Toolkit Module 4: Guide to Suitability ... Module 5: Service

ndis.gov.au June 2017 | Provider Toolkit Module 4 V 1.06

Provider Toolkit Module 4: Guide to Suitability June 2017

ndis.gov.au June 2017 | Provider Toolkit Module 4 V 1.06 2

Contents

Provider Toolkit Module 4: Guide to Suitability ........................................................................ 1

4.1. Toolkit structure ............................................................................................................... 3

4.2. Version Control ................................................................................................................ 4

4.3. Introductions .................................................................................................................... 4

4.4. Registration Groups ......................................................................................................... 6

4.5. Professional Registration Groups .................................................................................. 12

4.6. Home and vehicle modification Registration Groups ..................................................... 15

4.7. Assistive technology and equipment Registration Groups ............................................. 17

4.8. Professional Qualifications ............................................................................................. 18

4.9. State and Territory Requirements for Specialist Disability Providers ............................. 20

4.9.1 Requirements for new specialist disability providers in South Australia ................. 21

4.9.2 Requirements for new and existing disability providers in Queensland .................. 22

4.9.3 Requirements for new and existing specialist disability providers in Tasmania ..... 30

4.9.4 Requirements for specialist disability providers in Victoria ..................................... 35

4.9.5 Requirements for new specialist disability providers in ACT .................................. 55

4.9.6 Requirements for new specialist disability providers in New South Wales ............. 58

4.9.7 Requirements for new specialist disability providers in Northern Territory ............. 92


4.1. Toolkit structure This is Module 4 of the Provider Toolkit, The Provider Toolkit also contains Modules 1 – 12.

Provider Toolkit

Module 1: Introduction and overview of the Provider Toolkit

Module 2: Registering as a Provider

Module 3: Terms of Business

Module 4: Guide to Suitability [this module]

Module 5: Service Agreements

Module 6: Service Bookings

Module 7: Payment and Assurance

Module 8: PRODA Step by Step guide

Module 9: myplace Provider Portal Step by Step Guide to logging into myplace for the first time – existing providers

Module 10: myplace Provider Portal Step by Step Guide to Registration for new providers

Module 11: myplace Provider Portal Step by Step Guide (excluding registration)

Module 12: Glossary


4.2. Version Control DATE AMENDED

VERSION NUMBER AMENDED

KEY CHANGES NEW VERSION NUMBER

30 June 2016

V 1.0 Updated with Vic and NSW content V 1.01

24 August 2016

V 1.01 Formatting changes V 1.02

30 August 2016

V 1.02 Updates to professions section V 1.03

30 August 2016

V 1.03 Spelling and formatting changes throughout for consistency. Minor rewording and clarification throughout.

V 1.04

20 December 2016

V 1.04 Refined content from jurisdictions. New content for NT. Updated introductory section to increase clarity and readability.

V 1.05

22 June 2017

V 1.05 Updated content to the NSW, VIC and QLD jurisdiction sections. Updated contact details in ACT jurisdiction section. Minor rewording and clarification throughout, including professions section.

V1.06

4.3. Introductions

It is important that a ‘whole of system’ approach is taken to the quality and safeguards for participants. Safeguarding people with disability from abuse, harm and neglect is every disability service provider’s responsibility and must be an important part of everyday practice. People with disability should also have access to high quality supports.

The Guide to Suitability (Module 4) provides information to assist providers to understand their quality, safeguards and compliance obligations as providers of supports funded through the NDIS. During transition, and until these arrangements are replaced by a single National Quality and Safeguards Framework, providers of NDIS supports (Providers) are required to comply with existing Commonwealth, State and Territory standards and legislation. All Providers need to manage their own compliance and ensure they meet or exceed the relevant requirements specified to each jurisdiction.

Quality and Safeguards of disability supports remains the responsibility of Commonwealth, states and territories during transition. Different supports have different levels of risk associated with


their delivery. To minimise risk, enhance outcomes and maximise the social and economic participation of people with disability there is specific experience, qualifications, processes and expertise that are required of Providers. As the quality and safeguards arrangements differ between jurisdictions, providers must comply with the individual requirements of each jurisdiction in which they are providing supports. For example, where a provider is supporting participants in Victoria and South Australia, the provider must comply with the quality and safeguards requirements of both Victoria and South Australia.

The NDIS Catalogue of Supports describes items that can be funded through a participant’s plan. To ensure that providers do not need to register to provide individual support items, the support items have been grouped into ‘Registration Groups’ where the Quality and Safeguards requirements to provide the supports are similar. The specific Quality and Safeguards requirements for each of these registration groups can be determined by reading through the information in section 4.1 in conjunction with the relevant requirements specific to each jurisdiction.

Details about each of the registration groups is provided in sections 4.4 to 4.7. Providers need to consider which registration groups are relevant to them, and ensure they understand and comply with the quality and safeguarding requirements for the registration group and for each jurisdiction in which they intend to register.

This Guide will be updated as needed to reflect any changes to transition arrangements.

A Note about ‘Professions’ and ‘Additional Requirements’

Certain supports are required to be provided by people with specific qualifications and experience; these supports are priced accordingly and include expectations about outcomes. The professions listed in the tables that follow reflect the expectations of jurisdictions and NDIS in this regard. For example, it is expected that Physiotherapy is provided by an AHPRA registered Physiotherapist. Some states and territories will also require professions to meet other additional requirements for some registration groups. This module describes the minimum registration requirements for NDIS registered providers delivering each relevant support. As outlined in the NDIA Terms of Business providers must ensure that they possess the relevant experience and understanding of working with people with disability in order to deliver a high quality support and to ensure that they are always able to act in the interests of participants.

Further information can be found in the relevant state or territory section of this guide. Please contact [email protected] for advice about qualifications or experience not listed.

https://www.ndis.gov.au/providers/pricing-and-payment.html

mailto:[email protected]

ndis.gov.au June 2017 | Provider Toolkit Module 4 Page 6

4.4. Registration Groups Providers wishing to register for the below Registration Groups must:

• Be registered, approved and compliant with the requirements for registration or approval as a specialist disability service, community care or Home and Community Care provider as determined by each jurisdiction in which the provider is delivering supports.

• Submit evidence of this registration, approval and compliance issued by the jurisdiction, or authorised third party verification body (as determined by each jurisdiction), for which they have applied to deliver supports. This evidence document must state the services that the provider is currently providing, or is authorised to provide under the NDIS. See each relevant state or territory section in this document for further details about evidence and/or third party verification arrangements;

• Ensure that they possess and are able to demonstrate sufficient experience working with people with disability to deliver more specialist registration groups.

New providers or existing providers wishing to expand their services should refer to the relevant Commonwealth, state or territory requirements in this document. NDIS Registration to deliver the relevant service will be completed only once these requirements are met. NDIS registrations are not retrospective: registration is effective from the date on the NDIS Provider Registration Certificate. Services delivered prior to this registration date are not funded.

Please note: Where square brackets appear in the table below, this indicates the abbreviated name of the registration group that appears in myplace.

Registration group No. Professions Additional Guidance

Assistance to Access and Maintain Employment or higher education [Assist Access/Maintain Employ] Workplace assistance enables a participant to successfully obtain and/or retain employment in the open or supported labour market. Includes:

• individual employment support • employment preparation and support in a group • school leaver employment supports • transition through school and to further education

0102 • Developmental Educator

• Teacher • Disability Support

Worker (includes Mental Health or Peer Worker)

• Social Worker • Welfare worker

Commonwealth Quality and Safeguards arrangements may apply, including certification against the National Standards for Disability Services (NSDS) via the Human Services Scheme (part 3 (DEES). Please see jurisdictional section for further detail.


Registration group No. Professions Additional Guidance

Development of Daily Living and Life Skills [Development-Life Skills]

Development of daily living and life skills focuses on training and development activities undertaken by the participant or their carer to increase their ability to live as autonomously as possible, including supports that will enhance the ability of the participant to travel and use public transport independently.

0117 • Disability Support Worker

• Welfare worker

Daily Personal Activities

Assisting with and/or supervising personal tasks of daily life to enable the participant to live as autonomously as possible. These individual supports can be provided in a range of environments, including but not limited to, the participant’s own home.


• Welfare worker

High Intensity Daily Personal Activities

Assisting with and/or supervising personal tasks of daily life to enable the participant to live as autonomously as possible. These supports are provided by a worker with additional qualifications and experience relevant to the participants’ complex needs. These individual supports can be provided in a range of environments, including but not limited to, the participant’s own home.


• Welfare worker

Where relevant specialist skill sets and experience may be required, such as behaviour support, suctioning etc.


Assistance with daily life tasks in a group or shared living arrangement [Daily Tasks/Shared Living]

This registration group incorporates assistance with and/or supervising tasks of daily life in a shared living environment, which is either temporary or ongoing, with a focus on developing the skills of each individual to live as autonomously as possible. This registration group includes short-term accommodation and assistance (e.g. respite care)


• Welfare worker

Participation in community, social and civic activities [Participate Community] Assisting participants to participate actively in community, social and civic activities; includes supporting participants during these activities, and developing participants’ ability to partake in these activities.


• Welfare worker • Developmental

Educator

Group and Centre Based Activities [Group/Centre Activities]

Assisting participants to participate in group based community, social and recreational activities.


• Welfare worker • Social Worker • Developmental

Educator


Registration group No Professions Additional Guidance

Specialist Disability Accommodation [Specialist Accom]

Please see SDA webpage for further information

0131 For further information, please refer to the SDA Guide to Suitability located on the SDA registration and dwelling enrolment page of the NDIS website

Management of Funding for Supports [Plan Management]

Plan management is the financial management of the plan supports including making payments to providers, expense claims processing, providing monthly statements for participants and claiming for payment from NDIA.

Financial Intermediary funding applies to registered plan management providers who deliver plan management supports.

A financial intermediary will typically possess good knowledge of providers and supports, developed through strong connections in the relevant community.

0127 • Accountant / Bookkeeper

For further information, please refer to the section in this document for the state or territory in which you intend to provide supports.

https://www.ndis.gov.au/specialist-disability-accommodation.html

https://www.ndis.gov.au/sda-enrolment.html

https://www.ndis.gov.au/sda-enrolment.html



Assistance in coordinating or managing life stages, transition and supports – [Life Stage, Transition]

This registration group includes short and long-term supports that focus on strengthening the participant’s ability to coordinate their supports, and to assist them to live at home and participate in their community. Includes:

• support connection

• coordination of supports

• assistance with accommodation and tenancy obligations

• Life transition planning including mentoring, peer support and individual skill development

• assistance with decision making, daily planning, budgeting


• Welfare worker • Developmental

Educator • Social Worker • •

Specialised Supported Employment

Assistance in specialised supported employment/ADE


• Welfare Worker • Teacher

Commonwealth Quality and Safeguards arrangements apply, including certification against the National Standards for Disability Services (NSDS) via the Human Services Scheme (part 3 (DEES).



Accommodation/Tenancy Assistance - [Accommodation/Tenancy]

Includes transition supports only

0101 • Social Worker • Welfare Worker • Other

Assistance with Travel/Transport arrangements

Includes rental of adapted vehicle

0108 • Taxi/Bus driver • Other

Household tasks

Essential tasks that the participant is not able to undertake: meal preparation and delivery, house or yard maintenance, cleaning and linen).

0120 • Other Other

Assistance Animals

Further information is being finalised.

0130 • Other

Specialised Driver Training

Driver training using adapted equipment or vehicle modification.

0129 • Driving Instructor Licensed driving instructor with experience in providing training to people with disability and in the use of adapted vehicles.

Innovative Community Participation

Activities not included under other community participation registration groups; for mainstream providers who want to enable participants to access mainstream activities. Contact [email protected] with details of your services before registering

0116 • Other Other



4.5. Professional Registration Groups The following registration groups require specific professional qualifications and experience as a prerequisite to provide these supports under the NDIS. This is because these supports require specific skills and experience to be safely provided. Professionals who wish to provide specialist disability supports must also comply with Quality and Safeguards requirements of the relevant state/territories.

Additional requirements apply for some services in some jurisdictions. Please refer to the relevant section for the state or territory in which you are providing or intend to provide, supports.


Specialist Positive Behaviour support [Behaviour Support]

Specialised Positive Behaviour support registration group includes support items provided by Allied Health professionals with specialist skills in positive behaviour support including assessment and the development of a comprehensive plan that aims to reduce and manage behaviours of concern.

0110 • Occupational Therapist • Psychologist • Social Worker • Other health

professional Note: Some jurisdictions have different professional requirements for this registration group. Please refer to the relevant section for the state or territory in which you are providing or intend to provide.

Experience in professional / clinician supervision and development as defined by the professional registration requirements of the relevant profession. Note: Some jurisdictions have additional requirements for providers of this registration group. Please refer to the relevant section for the state or territory in which you are providing or intend to provide.

Community Nursing Care

This is the provision of specialist care for participants who have high care needs requiring a high level of skill, and for the training of support workers to respond to the participant’s complex needs.

0114 • Registered Nurse Experience in professional / clinician supervision and development as defined by the professional registration requirements of the relevant profession.



Interpreting and Translation

Interpreting and translation focuses on assistance to the participant to enable independent communication in essential personal, social or community activities where translation is not available from a mainstream service.

0121 • Interpreter/Translator NAATI accreditation at Professional or Paraprofessional level (previously level 2 or 3) and experience working with people with disability.

Early Intervention Supports for Early Childhood

Provision of a mix of therapies, and a key worker for the family. Supports all children 0-6 years with developmental delay or disability and their families to achieve better long-term outcomes, regardless of diagnosis. All children and families will be treated as individuals to ensure that they receive the right support to meet their goals and aspirations. The type of supports will be different for every child and their family according to their needs.

0118

• Occupational Therapist • Psychologist • Physiotherapist • Social Worker • Speech Pathologist • Teacher • Developmental

Educator • Audiologist • Music Therapist • Counsellor • Art Therapist • Orthoptist • Podiatrist

Experience in early childhood interventions with children with disability AND Experience in providing service within a trans disciplinary framework.

Custom Prostheses and Orthoses (Custom Prosthetics)

Prescription and manufacture of customised prostheses or orthoses requiring specialist skills.

0135 • Occupational Therapist • Pedorthotist • Podiatrist • Orthotist/Prosthetist • Physiotherapist

Experience relevant to the specific customised technology you wish to provide or assess. Further information is under development.



Support Co-ordination

The provision of Support Coordination within a specialist framework necessitated by specific high level risks in the participant’s situation. Support is time limited and focuses on addressing barriers and reducing complexity in the support environment, while assisting the participant to connect with supports and build capacity and resilience. It may also involve development of an intervention plan which will be put in place by disability support workers.

0132 • Psychologist • Occupational Therapist • Social Worker • Other allied health,

developmental educator, social or health science professional

Experience in support coordination for people with complex needs

Therapeutic supports

Therapeutic supports are provided to assist participants aged from 7 years to apply their functional skills to improve participation and independence in daily, practical activities in areas such as language and communication, personal care, mobility and movement, interpersonal interactions and community living.

0128 • Art Therapist • Audiologist • Orthoptist • Counsellor • Music Therapist • Occupational Therapist • Podiatrist • Psychologist • Physiotherapist • Social Worker • Speech and Language

Pathologist • Developmental

Educator • Dietician • Rehabilitation

Counsellor

Experience in professional / clinician supervision and development as defined by the professional registration requirements of the relevant profession.

Exercise Physiology & Personal Well-being Activities [Ex Phys Pers Training]

Physical wellbeing activities promote and encourage physical well-being, including exercise. .

0126 • Exercise Physiologist • Personal Trainer



Specialised Hearing Services

This registration group is for future use for specialised hearing services for children and adults with complex needs. These services are currently provided through the office of Hearing Services only and this registration group is not available for registration.

0119 • Audiologist

Hearing Services

This registration group is for future use for hearing services. These services are currently provided through the office of Hearing Services only and this registration group is not available for registration.

0134 • Audiologist • Audiometrist

4.6. Home and vehicle modification Registration Groups Providers of these Registration Groups must provide evidence of current accreditation or licensing by the relevant state or territory authority to undertake building, engineering or mechanical work. It is important that providers of these supports are appropriately licensed and accredited to modify participants’ homes and equipment, to ensure NDIA participants are receiving value for money and quality services. The expertise required to provide these supports is different from the expertise required to provide supports within other registration groups.

Registration group Professions Additional Guidance

Home Modification Design and Construction This registration group incorporates design and subsequent changes to the participant’s home. Home modification design and construction includes installation of equipment or changes to building structures, fixture or fittings to enable participants to live as independently as possible or to live safely at home.

0111 • Architect • Builder • Building Inspector / Works

Assessor • Building Surveyor • Building Work Supervisor • Building Work Project Manager • Carpenter / Joiner • Electrician • Plumber / Gas Fitter / Drainer • Tiler

Experience and understanding of concepts and limitations of AS 1428 and other disability access standards and their application in accordance with a person’s needs and specifications of plans. Must hold current license or registration in the relevant State or Territory


Registration group Professions Additional Guidance • Occupational Therapist • Rehabilitation Engineer

Vehicle modifications Vehicle modifications include the installation of, or changes to, equipment in a vehicle to enable a participant to travel safely as a passenger or to drive.

0109 • Mechanic • Engineer

Experience modifying vehicles to comply with Australian Design Rules and Standards. Must hold current license or registration in the relevant State or Territory.


4.7. Assistive technology and equipment Registration Groups Registration Groups relating to equipment and assistive technology often require diverse expertise to meet the needs of participants. Note that some equipment must be prescribed by appropriate Allied Health professions, but can be sold by retail providers.

Registration group Professions

Additional Guidance Assistive Equipment for Recreation Products used in competitive and non-competitive sports and other recreational pursuits.

0112

Other Relevant product knowledge and experience working with people with disability.

Assistive Products for Household Task Products to enable cooking, cleaning, washing, home maintenance and other tasks.

0123


Assist Products for Personal Care and Safety Products for personal care or safety including beds and pressure mattresses, toilet and bathroom equipment, specialised clothing and continence needs.

0103


Communications & Information Equipment Products to assist with alternate communication or to access written or spoken communication via electronic or other means.

0124


Hearing Equipment Assistive listening devices (not hearing aids).

0122 Other Relevant product knowledge and experience

working with people with disability.

Personal Mobility Equipment Products to enable mobility, such as equipment for walking, wheelchairs and transfer aids.

0105


Vision Equipment Products for navigation, orientation, braille, guide dogs, magnifiers and note taking equipment.

0113 Other Relevant product knowledge and experience

working with people with disability.


4.8. Professional Qualifications Some supports must be delivered by people with specific qualifications, experience or licensing. Some professions (e.g., those regulated under AHPRA) also require registration or certification independent of any requirements relating to disability services. The table below outlines a list of professions and the usual expectation about qualifications or credentialing, for registration purposes. For example, where the profession is listed as “Physiotherapist”, the provider is declaring as part of the registration process that they are a qualified and AHPRA registered Physiotherapist. Some states and territories will also require professions to meet other additional requirements for some registration groups. You can find further information in the relevant state or territory section in this guide. You can contact [email protected] for advice about qualifications or experience not listed.

The following health professions are regulated and must hold current AHPRA registration:

• Registered Nurse • Occupational Therapist • Physiotherapist

• Podiatrist • Psychologist

The following professions must meet the registration or certification requirements of the relevant State or Territory:

• Architect • Builder • Build Inspector/Works Assessor • Building Surveyor • Building Work Supervisor • Building Work Project Manager

• Carpenter/Joiner • Electrician • Plumber/Gas Fitter/Drainer • Tiler • Mechanic • Teacher

Other professions:

• Integration Aid: Check the requirements in your jurisdiction: certificate III or IV in Education Support or equivalent may be required. • Disability Support Worker: Check the requirements in your jurisdiction. Relevant industry experience or qualifications including Certificate III,

Certificate IV, Diploma, or Advanced Diploma in Disability, Mental health, Welfare, Mental Health Peer Work etc., may be required. • ‘Other’- no specific requirements.


The following professions must hold current membership of the relevant professional association:

Profession name Professional qualifications or membership (all qualifications and memberships must be current) Audiologist Audiology Australia accredited Audiologist or Audiologist member of ACAud Dietitian Accredited Practising Dietitian with the Dietitians Association of Australia Orthoptist Registration with the Australian Orthoptic Board Orthotist Membership with the Australian Orthotic Prosthetic Association and/or recognition by a state/territory orthotic

program as a qualified orthotic practitioner Pedorthist Registration with the Australian Register of Pedorthists Prosthetist Membership with the Australian Orthotic Prosthetic Association and/or recognition by a state/territory

prosthetic program as a qualified prosthetic practitioner Speech Pathologist Practicing membership with Speech Pathology Australia Audiometrist Membership with the Hearing Aid Audiometrist Society of Australia or audiometrist member of ACAud

equivalent Art Therapist Registration with the Australia New Zealand Arts Therapy Association (ANZATA) Developmental Educator Full membership of Developmental Educators Australia Inc Exercise Physiologist Accredited exercise physiologist with Exercise and Sports Science Australia Interpreter/Translator Professional or Paraprofessional Accreditation (previously level 2 or 3) with the National Accreditation

Authority for Translators and Interpreters Ltd Music Therapist Active “Registered Music Therapist” with the Australian Music Therapy Association Social Worker Membership with Australian Association of Social Workers Rehabilitation Counsellor Membership with the Australian Society of Rehabilitation Counsellors Inc or equivalent Welfare Worker Membership with the Australian Community Workers Association or equivalent Counsellor Membership with the Australian Counselling Association or equivalent Personal Trainer Personal training qualification, Certificate III, IV or Diploma in Fitness or equivalent Accountant/Book-keeper membership with ATMA, AAT, CBK, ACCA, ABAL, CPA, ICB, IPA or CAANZ or equivalent Rehabilitation Engineer Chartered Professional Membership with Engineers Australia

ndis.gov.au Provider Toolkit Module 4 Page 20

4.9. State and Territory Requirements for Specialist Disability Providers

Summary

Each state and territory has a quality and safeguards system that was designed to meet the specific needs of that jurisdiction under historical funding arrangements and state and territory legislative frameworks. In addition to the expected professional requirements and expertise outlined above, providers must satisfy and comply with quality and safeguarding requirements relevant to the state or territory in which they are providing service.

Please see below a jurisdiction-by-jurisdiction breakdown of requirements.

Note: the outline below lists only those requirements specific to disability services providers. It does not contain other legislation including but not limited to commercial, health and safety, corporate, tax, or other legislation and requirements that may be applicable to each jurisdiction and with which Providers may be expected to comply.

Note: These arrangements have been agreed by the Commonwealth, NDIA and jurisdictions as those which will apply during transition to the full scheme NDIS. Governments are aware that the requirements between jurisdictions are not always consistent and that significant effort is required where providers are operating in multiple states and territories. A National Quality and Safeguards Framework is under development which will ultimately replace this approach.

Important Notice:

Instructions for how to commence your application for approval as a specialist disability service provider with each State/Territory is detailed at the following location: https://ndis.gov.au/providers/psa.html. It is very important that you read and follow these instructions, in conjunction with the requirements of new disability service providers provided below, as in most cases providers are required to complete an application with the NDIA before contacting the relevant State/Territory.

https://ndis.gov.au/providers/psa.html


4.9.1 Requirements for new specialist disability providers in South Australia

Note: These requirements will be updated once Quality and Safeguards Working Arrangements are finalised between SA and NDIA.

The National Disability Insurance Agency (NDIA) has worked with the South Australian Government to implement arrangements to ensure that South Australia’s existing statutory and administrative Quality assurance and Safeguards for children are in place for new and existing providers for the trial of the National Disability Insurance Scheme (NDIS). The arrangements for new providers in South Australia are detailed below.

In preparing to register with NDIA, providers are advised to review the Provider registration: Guide to Suitability. If the support category requires:

• Registered, approved or compliant with the requirements for registration or approval as a specialist disability service, community care or Home and Community Care provider with Australian, state or territory government in the state or territory in which supports will be provided; and

• Quality assurance / management system in compliance with relevant Australian, state or territory government requirements for specialist disability, community care or Home and Community Care providers in the state or territory in which supports will be provided.

These Providers will need to apply to the South Australian government to meet the requirements for the Disability Service Provider Panel (DSPP) within the Department of Communities and Social Inclusion.

Service providers are able to apply on an ongoing basis; however, membership of the Disability Service Provider Panel will not guarantee funding from either the Department of Communities and Social Inclusion or NDIA. Following approval for membership on the South Australian Disability Service Provider Panel providers can submit their NDIS registration application. This will be an abridged registration based on the provider already meeting the requirements for South Australian Disability Service Provider Panel.

All new service providers, including sole practitioners, staff, agents, volunteers, contractors and subcontractors, will be required to undergo a criminal screening assessment through the South Australian Department of Communities and Social Inclusion and be cleared to work with children and vulnerable adults. These requirements apply to the engagement or appointment of new staff, volunteers, agents, contractors and subcontractors.

Providers registered with the NDIA who are also registered with the South Australian Disability Service Provider Panel are required to demonstrate how they monitor compliance with the National Standards for Disability Services and have in place a formal Quality improvement system such as the Australian Service Excellence Standards (ASES) or equivalent which involves an independent external review every three years.

Consistent with existing Quality frameworks in South Australia, providers delivering supports through NDIA will be encouraged to employ workers who have attained a Cert III in Disability Services as a minimal qualification.

https://dcsi.sa.gov.au/home

https://dcsi.sa.gov.au/home


4.9.2 Requirements for new and existing disability providers in Queensland

4.9.2.1 Quality and Safeguards for providers of prescribed disability services

Queensland’s existing quality and safeguard framework is a robust mix of legislative and non-legislative measures. Until the national NDIS quality and safeguards framework is in place, or until 30 June 2019, whichever is sooner, Queensland’s existing quality and safeguard framework will apply to providers registering with the NDIA to deliver prescribed disability services in Queensland.

Non-legislative safeguards

The following non-legislative safeguards apply to providers delivering prescribed disability services identified on a NDIA participant’s plan in Queensland. Providers must:

• show evidence of compliance with the Queensland Human Services Quality Framework and

• have, maintain, implement and act in accordance with policies consistent with the Queensland state government Abuse, Neglect and Exploitation Policy.

Queensland Human Services Quality Framework

Queensland’s Human Services Quality Framework is the quality assurance framework that applies to all providers delivering prescribed disability services identified on a NDIA participant’s plan in Queensland. Prescribed disability services are those listed in the Disability Services Regulation.

It is a system for assessing and improving the quality of human services and for promoting quality outcomes to people who access these services.

The framework was developed in collaboration with the non-government sector to ensure important safeguards are in place, while reducing duplication and red tape. It includes:

• a set of Human Services Quality Standards that cover the core elements of human service delivery

• an assessment process to review the performance of service providers against the standards • a continuous improvement framework that supports the participation of customers in quality

improvement.

The Registration Groups for which a provider applies and the type of provider they are will determine whether a provider needs to demonstrate compliance with the standards (refer to section 4.9.2.2).

In Queensland compliance to the standards can be demonstrated through:

1. certification under the framework 2. evidence of certification or accreditation against a set of industry standards under an

alternative quality framework 3. self-assessment

https://www.communities.qld.gov.au/gateway/funding-and-grants/human-services-quality-framework

https://www.communities.qld.gov.au/resources/disability/support-services/providers/preventing-responding-abuse/abuse-neglect-exploitation-policy.pdf


Legislative safeguards

The following legislative safeguards apply to providers delivering prescribed disability services identified on a NDIA participant’s plan in Queensland:

• The Public Guardian Act regulates the Adult Community Visitor Program – a rights protection and abuse prevention service for adults with intellectual impairment who live in settings deemed as visit able sites.

• The Coroners Act requires every death in care to be reported to the police or coroner, regardless of the circumstances or cause of death. The Act extends to the NDIA.

• The Working with Children (Risk Management and Screening) Act requires a person who engages in paid or voluntary child-related work to have a blue card, noting that some people will qualify for an exemption. Further information on qualifying for exemption can be found at https://www.bluecard.qld.gov.au/

• The Disability Services Act 2006 includes a number of important protections, including:

Criminal history screening

Providers must comply with the requirements regarding criminal history screening as outlined in the Disability Services Act 2006.

These requirements apply to engagement or appointment of new and existing sole practitioners, employees, board members, executive officers, students, volunteers, contractors and subcontractors engaged by the disability services provider.

Screening applicants will meet this requirement at their own expense.

For more information refer to https://www.communities.qld.gov.au/disability/key-projects/criminal-history-screening

Complaints management

Providers are to have clear and accessible complaints handling and dispute resolution processes that are in accordance with the Australian/New Zealand Standard Guidelines for Complaint Management in Organizations (AS/NZS 10002:2014).

Providers must advise participants that if they are not satisfied with the outcome of their complaint lodged with their provider, the participant can lodge a complaint with the Department of Communities, Child Safety and Disability Services (DCCSDS) Central Complaints Unit.

For more information: https://www.communities.qld.gov.au/gateway/about-us/compliments-and-complaints-feedback

Restrictive practices

Providers are to comply with the Disability Services Act 2006 requirements for the use of restrictive practices.

Queensland’s restrictive practices framework only applies to adults with disability who:

• have an intellectual or cognitive disability

http://www.justice.vic.gov.au/workingwithchildren/home/about+the+check/who+needs+a+check/exemptions

https://www.bluecard.qld.gov.au/

https://www.communities.qld.gov.au/disability/key-projects/criminal-history-screening




• requires restrictive practices as part of a positive behaviour support plan; and • have impaired capacity to consent to the use of restrictive practices.

This group can include adults with an acquired brain injury.

The framework aims to reduce or eliminate the need for use of restrictive practices by ensuring practices are used in a way that has regard for the human rights of those adults; is the least restrictive way of ensuring the safety of the adult or others; maximises the opportunity for positive outcomes and; complies with the positive behaviour support plan for the adult.

For more information: https://www.communities.qld.gov.au/disability/key-projects/positive-behaviour-support

Monitoring and compliance

Authorised officers from DCCSDS will investigate any alleged breaches of the Disability Services Act 2006 by providers operating in Queensland.

The powers of authorised officers include, where appropriate, the use of search warrants and coercive powers to undertake investigations to determine whether a contravention of the legislation has occurred and the appropriate action, if any, is required.

Compliance requirements vary depending on the service being provided.


4.9.2.2 Registering to provide prescribed disability services in Queensland

Providers registering with the NDIA to deliver prescribed disability services that will be identified on a NDIA participant’s plan in Queensland must agree to the both the NDIA and Queensland registration requirements. Queensland requirements are as follows:

Registration Group and Provider Type

Show evidence of compliance with Queensland’s Human Services Quality Framework

Adhere to the safeguards as set out in the Disability Services Act 2006

Adhere to the safeguards as set out in other Queensland state government legislation

Have, maintain, implement and act in accordance with policies consistent with the Queensland state government Abuse, Neglect and Exploitation Policy

All providers registering to deliver prescribed disability services under section 4.4 Registration Groups. *see note one and two

Yes Yes Yes Yes

Professionals or consortiums of professionals registering to deliver a prescribed disability service solely under section 4.5 Professional Registration Groups and that directly aligns to their professional registration or certification (see section 4.8 professional qualification)

No

Note: where a professional also registers to expand their service offering and deliver services under registration group 4.4 HSQF requirements will apply

Yes

Note: Registered Health Practitioners (see definition in the DSA 2006) are exempt from criminal history screening under the DSA.

Yes Yes

Table one: requirements for registering to provide prescribed disability services with the NDIA Note:

1. Assistance to Access and Maintain employment or higher education [Assist Access/Maintain Employ] and Specialist Disability Accommodation [Specialist Accom] are not prescribed disability services under Queensland’s quality and safeguards framework.




https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/D/DisabServA06.pdf

https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/D/DisabServA06.pdf





2. Certified Practicing Accountants (CPA) or Chartered Accountants (CA), applying to provide services under NDIS Registration Group Management of Funding for Supports [Plan Management] (0136), and Interpreters and translators applying to provide services under NDIS Registration Group Interpreting and Translation (0121) are exempt from fulfilling the requirements of Human Services Quality Framework.


Specific guidance on registration groups identified in section 4.4

The NDIA registration groups outlined below in Table two: Registration Groups section 4.4 - Queensland quality and safeguards are prescribed disability services. Providers registered for these registration groups are required to adhere to Queensland’s quality and safeguards (see section 4.9.2.1).

The professions named in section 4.4 Registration Groups are recommendations provided by the National Disability Insurance Agency. Queensland does not mandate professions for these registration groups.

Registration Group

No

Development of Daily Living and Life Skills [Development-Life Skills]

0117

Daily Personal Activities [Assist Personal Activities]

0107

High Intensity Daily Personal Activities [Personal Activities High]

0104

Assistance with daily life tasks in a group or shared living arrangement [Daily Tasks/Shared Living]

0115

Participation in community, social and civic activities [Participate Community] 0125

Group and Centre Based Activities [Group/Centre Activities]

0136

Management of Funding for Supports [Plan Management] *see note two

0127

Assistance in coordinating or managing life stages, transition and supports

0106

Table two: Registration Groups section 4.4 - Queensland quality and safeguards Specific guidance on registration groups identified in section 4.5

The following NDIA registration groups under 4.5 Professional Registration Groups are prescribed disability services and providers are required to adhere to Queensland’s legislative safeguards (see section 4.9.2.1).

Professional Registration Group

No

Specialist Positive Behaviour Support [Behaviour Support] *providers must refer to DSA 2006 for information on who is appropriately qualified to assess an adult with an intellectual of cognitive disability; and the requirements that must be complied with when using a restrictive practice.

0110

Interpreting and Translation [Interpret/Translate]

0121

Early Intervention Supports for Early Childhood [Early Childhood Supports]

0118

Support Co-ordination [Support Co-ordination] 0132


Professional Registration Group

No

Therapeutic Supports [Therapeutic Supports]

0128

Table three: Registration Groups under section 4.5 Professional Registration Groups guided by Queensland quality and safeguards

Professions and the registration groups in section 4.6 and 4.7

There are no prescribed disability services listed in the NDIA registration groups:

4.6 Home and vehicle modification Registration Groups

4.7 Assistive technology and equipment Registration Groups

4.9.2.3 Provider Registration Process for Queensland

To register as a provider, follow the steps outlined at: http://www.ndis.gov.au/providers/registering-provider. The supporting evidence required for disability services registration groups is as follows:

http://www.ndis.gov.au/providers/registering-provider

http://www.ndis.gov.au/providers/registering-provider


Definitions

Prescribed disability services

As prescribed by the Disability Services Regulation 2006, Schedule 1AA

Consortium In this instance, Consortium is defined as a group of Registered professionals or health practitioners who operate independently under the same company, at one or a limited number of sites

Registered Health Practitioner

Are identified as a person registered under the Health Practitioner Regulation National Law (s5)

Statement of Commitment An assurance by an organisation to include any new prescribed disability services in the scope of the next scheduled audit


4.9.3 Requirements for new and existing specialist disability providers in Tasmania

Note: These requirements reflect the Quality and Safeguards Working Arrangements agreed between NDIA and Tasmania in August 2016.

Until such time that the nationally consistent NDIS Quality and Safeguarding Framework is implemented, all NDIS registered providers of specialist disability services in Tasmania are required to adhere to the Tasmanian Quality and Safety Framework for DHHS Funded Community Sector (Quality and Safety Framework) and all policies, procedures and requirements within it.

The Quality and Safety Framework supports providers to have systems and processes in place to deliver safe, high quality services to Tasmanian consumers.

Furthermore, Tasmania’s existing statutory safeguards for children and young people will continue to operate during the transition to full scheme. All NDIS specialist disability service providers registered in Tasmania are also required to comply with Tasmanian regulations regarding pre-employment screening, including National Criminal Checks, and must ensure ongoing compliance with Commonwealth and Tasmanian legislation, particularly those relating to quality assurance, safety standards and restrictive practices.

The Tasmanian Department of Health and Human Services (DHHS), the Commonwealth Government and the NDIA worked together to develop Quality and Safety Working Arrangements for the Transition to Full Scheme NDIS. These arrangements include detail about the Quality and Safety and Due Diligence process that providers that intend to deliver specialist disability services under the NDIS in Tasmania, must undertake.

It is highly recommended that all providers wishing to register to deliver services under the NDIS read the Quality and Safety Framework and the Quality and Safety Working Arrangements for the Transition to Full Scheme NDIS, prior to commencing the registration process.

Specialist Disability Supports

A completed due diligence process by DHHS is required before providers can register with the NDIA for the following specialist disability Registration Groups:

• Daily Personal Activities • High Intensity Daily Personal Activities • Daily tasks/Shared living • Participate Community • Group and Centre Based Activities • Development - Life Skills • Plan Management • Assist - Life Stage, Transition • Specialised Positive Behaviour Support • Early Childhood Supports • Specialised Support Coordination • Therapeutic Supports

The due diligence process requires providers to be assessed against the Quality and Safety Framework.

http://www.dhhs.tas.gov.au/__data/assets/word_doc/0018/156222/Quality_and_Safety_Framework.docx

http://www.dhhs.tas.gov.au/__data/assets/word_doc/0018/156222/Quality_and_Safety_Framework.docx


Due Diligence Requirements by Provider Type

New specialist disability providers

“New” service providers are those that are:

• not currently funded by DHHS or the Commonwealth; or • currently funded by DHHS or Commonwealth, but are seeking to deliver significantly different

services from those they were originally contracted to provide (i.e. currently providing population health programs and now wish to provide specialist disability services).

All new service providers seeking to operate within Tasmania must undergo the due diligence process detailed below before they:

• are authorised to deliver services funded by DHHS; and/or • register with the NDIA

Existing DHHS funded disability providers in Tasmania

Existing DHHS funded providers are:

• providers that currently receive DHHS funding to deliver any of the services included in the specialist Registration Groups

All existing DHHS funded providers will be required to undergo the NDIAs registration process. Disability and Community Services (as part of DHHS) will determine whether or not existing providers will be required to undergo the due diligence process or are considered as already meeting the Quality and Safety requirements.

Existing Commonwealth funded disability providers

Service providers currently funded by the Commonwealth, who wish to expand their service delivery to new Registration Groups (not including employment services), will be required to undertake the due diligence process. Providers will follow the same process, as “new” specialist disability providers.

Allied health practitioners registering to deliver Therapeutic Supports Registration Group

Sole practitioners or allied health professionals in consortiums, who are:

• operating as sole providers or as a small practice, and • wish to register for the Therapeutic Supports Registration Group, and • are registered or accredited with a recognised professional body (as described in 4.6 of the

Guide to Suitability) • are not required to undertake the due diligence process. Allied health practitioners should

complete their registration with the NDIA.

Sole practitioners, including consortiums of practitioners, must comply with the Quality and Safety Framework and Tasmanian legislation, regulations and policy, and procedures, regardless of whether or not a due diligence process has been undertaken.


Allied health practitioners registering to deliver specialist disability services

Allied health practitioners who wish to register to deliver any specialist disability Registration Group will be required to undergo the due diligence process, regardless of registration with a professional body. Disability and Community Services (DCS) will determine which internal assessment pathway a provider will take based on the services they wish to deliver and any existing circumstances (e.g. funded by DHHS).

Providers wishing to deliver non-specialist disability services

Providers wishing to deliver non-specialist disability services (e.g. lawn mowing or cleaning services) do not need to undertake a due diligence process. These providers should complete their registration with the NDIA.

Providers wishing to deliver employment services

Organisations wishing to provide employment type services should apply to the NDIA directly. Commonwealth quality and safeguarding arrangements apply, including certification against the National Standards for Disability Services (NSDS) via the Human Services Scheme (part 3 (DEES)).

Registration Process: Evidence of Compliance with State Quality and Safeguard Arrangements

Prior to NDIA registration approval, the provider is required to supply evidence of compliance with State quality and safeguard arrangements. Providers should email the DCS State Implementation Team (SIT) at ([email protected]) to request a due diligence process. This email must include minimum information as outlined below.

Upon receipt of the minimum required information DCS will determine whether or not a provider needs to undertake the due diligence process, and will advise the provider accordingly.

Please Note: DCS will only progress applications which contain all of the following minimum required information from providers:

• NDIS provider registration number • Organisation/service provider name • Trading name if different to provider name • Entity type e.g. sole trader, incorporated association • ABN • City/suburb and state that is the base for the provider • Profit or not for profit • Contact person • Contact details • Registration Groups seeking to be registered for • Areas of Tasmania intending to deliver services • Any other states that the provider is already NDIS registered in

Providers will receive an automatic response confirming receipt of the provider’s application, however, any application which does not contain all the required information will not be progressed and the provider will not receive further communication from DCS until all minimum information is received. If providers do not receive advice within 7 business days that


http://www.dhhs.tas.gov.au/disability/National_Disability_Insurance_Scheme/service_provider_registration_and_expansion_of_existing_registration


their request has proceeded, they should review their application to ensure all information has been included and resubmit their request if necessary.

Upon completion of the due diligence process, or being determined as already meeting the required standards, providers will receive a letter from DCS stating the outcome. This letter should be used by the provider as point in time evidence of compliance with the Tasmanian Quality and Safety Framework, to assist in completing their NDIA registration process.

It is also recommended that all providers wishing to register to provide specialist disability services read the following documentation prior to commencing the registration process.

• Quality and Safety Working Arrangements for the Transition to Full Scheme NDIS • NDIS Provider Toolkit Registration The flowchart below outlines the process from initial application for registration with NDIA to receiving supporting documentation from DCS to complete the registration process.

https://myplace.ndis.gov.au/ndisstorefront/providers/provider-toolkit.1.html


Figure 1.1 Quality and Safety and Due Diligence Process During Transition to Full Scheme NDIS in Tasmania


4.9.4 Requirements for specialist disability providers in Victoria

Note: These requirements reflect the Quality and Safeguards Working Arrangements agreed between NDIA and VIC in June 2016.

A prerequisite to NDIS registration to deliver supports in scope of Victoria’s Quality and Safeguards arrangements is achieving and maintaining status as a ‘Victorian approved NDIS provider’. To gain status as a Victorian approved NDIS provider, organisations must demonstrate compliance with Victoria’s Quality and Safeguards requirements as set out in this (Victorian) section of the Guide to Suitability. The Victorian Government’s approach to prescribing Quality and Safeguards requirements for NDIS registration groups is risk-based; and takes account of the context in which support is provided. Obligations for providers will depend on:

• providers’ areas of specialisation and the client groups they work with (providers should refer to the heading ‘Applicable Quality and Safeguards requirements’ below); and

• whether the provider is an ‘existing provider’ or a new provider (providers should refer to the headings ‘Arrangements for existing providers’ and ‘Arrangements for new providers’ below).

This section of the Guide should be read in conjunction with the Victorian Quality and Safeguards Working Arrangements for Transition (Victorian Working Arrangements) which sets out the Quality and Safeguards arrangements for transition to the NDIS in Victoria. Part 3 and Part 4 of the Victorian Working Arrangements set out the requirements and processes for providers to register under the National Disability Insurance Scheme Act 2013 (NDIS Act).

Registered NDIS providers operating in Victoria during transition to the NDIS must comply with Victorian policy requirements with respect to Quality and Safeguards. Providers should also be aware of their additional obligations under Victorian and Commonwealth legislation

4.9.4.1 Which Quality and Safeguards requirements apply?

The below section entitled ‘Victoria’s Quality and Safeguards requirements (by provider type)’ sets out the requirements for providers depending on the type of supports in which they specialise. Providers that are unsure of the category into which they fall will be advised of the requirements that will be applicable to them by the Victorian NDIS triage unit on application for Victorian approved NDIS provider status.

Table 1 lists the NDIS registration groups that are in scope of the Victorian requirements.

Table 2 sets out the mandatory Quality and Safeguards requirements for all Victorian approved NDIS providers.

In addition to Table 2, there are mandatory requirements specific to particular services. Providers may need to comply with one or more of the tables below for these services.

Table 3 sets out requirements for NDIS registered providers delivering services specifically for the support of persons with a disability (within the meaning of the Disability Act 2006 (Vic)).

Table 4 sets out requirements for NDIS registered providers delivering psychosocial supports to people with a mental illness or mental disorder and associated psychiatric disability

Table 5 sets out requirements for providers delivering early childhood supports (0-6 years).


Table 6 sets out requirements for existing Home and Community Care providers.

4.9.4.2 Arrangements for existing providers

An ‘existing provider’ means a provider that, as at 30 June 2016, was registered under the Disability Act 2006 (Disability Act) and/or had a current Service Agreement with a Victorian Government Department (for the provision of services transitioning to the NDIS).

Note: an ‘existing provider of psychosocial supports’ is defined as a provider funded by the Victorian Government to deliver one or more of the following Mental Health Community Support Services that are transitioning to the NDIS: Individualised Client Support Packages; Adult Residential Rehabilitation Services; and Supported Accommodation Services.

Existing providers are deemed to have already achieved Victorian approved NDIS provider status and will not have to undergo an additional review process in order to become a Victorian approved NDIS Provider.

Where an existing provider wishes to deliver supports during transition that it did not deliver as at 30 June 2016, it may - at the sole discretion of the relevant Victorian Government Department – be required to undergo further quality assurance processes in order to demonstrate its ability to deliver the new supports in accordance with Victorian quality and safeguards requirements.

Existing providers will be issued with a certificate by the Victorian Government detailing the NDIS registration group(s) the provider has pre-approval for (based on the services it delivered under its Service Agreement with a Victorian Government Department and/or registration under the Disability Act as at 30 June 2016).

Existing providers choosing to make an application to become a registered NDIS provider may attach this certificate to their NDIS registration as evidence of their status as a Victorian approved NDIS provider. Existing providers will be monitored for ongoing compliance with the jurisdictional requirements set out in this Guide by the Victorian Government. The Victorian Government reserves the right to refuse or revoke an existing provider’s status as a Victorian approved NDIS provider where it has concerns about the capacity of the provider to comply with Victoria’s Quality and Safeguards requirements.

4.9.4.3 Existing providers of Home and Community Care (HACC) Program for Younger People (HACC PYP) services

Existing providers of HACC PYP services will continue to be subject to the terms and conditions of their Service Agreement with the Department of Health and Human Services during transition to the NDIS.

Table 6: Requirements for existing HACC PYP providers will apply to these providers.

Where an existing provider of HACC PYP wishes to deliver supports during transition that it did not deliver as at 30 June 2016, it may – at the sole discretion of the relevant Victorian Government Department - be required to undergo further Quality assurance processes in order to demonstrate its ability to deliver the new supports in accordance with the Victorian Quality and Safeguards standards.

If an existing provider of HACC PYP services ceases to have a Service Agreement with the Department of Health and Human Services but continues to deliver the same services funded by


the NDIS the provider will be required to demonstrate that it meets the requirements set out in Table 2: Requirements for all Victorian approved NDIS providers and Table 6: Requirements for existing providers of HACC PYP services in order to retain their NDIS registration. Providers may also be required to undertake independent review against the Home and Community Care standards (at their own expense).

4.9.4.4 Registration of NDIS providers delivering supports in-scope of Victoria’s quality and safeguards

Providers wishing to register for NDIS registration groups in-scope of Victoria’s quality and safeguards must submit evidence to the NDIA that they have achieved status as a Victorian approved NDIS provider. Note that providers registering to deliver early intervention supports for early childhood must submit evidence to the NDIA that they have achieved status as either a Commonwealth or Victorian approved NDIS provider.

Victorian approved NDIS providers will be monitored for ongoing compliance with the requirements set out in this Guide. The Victorian Government reserves the right to refuse or revoke a new provider’s status as a Victorian approved NDIS provider where it considers that a provider poses an unacceptable risk to participants.

4.9.4.5 Removal of ‘Victorian Approved NDIS Provider’ status

A provider’s status as a Victorian approved NDIS provider may be removed if the Victorian Government determines that the provider has not maintained compliance with all Victorian Quality and Safeguards requirements relevant to the supports being delivered by the provider.

• A provider delivering supports that are covered by the Disability Act 2006 (Disability Act) will lose its status as a Victorian approved NDIS provider if its registration as a ‘disability service provider’ under the Disability Act is revoked. The process for revocation of a disability service provider’s registration under the Disability Act is set out in Part 4 of the Disability Act.

• A provider delivering other in-scope supports will lose its status as a Victorian approved NDIS Provider if the provider does not comply with the requirements set out in this Guide and poses an unreasonable risk to NDIS participants. The process for removal of Victorian approved NDIS provider status for such providers is as follows:

o The Victorian Government will notify the Victorian approved NDIS provider in writing of its intention to remove Victorian approved NDIS provider status. The notice will specify the decision, the reasons for the decision and the implications of the proposed decision (i.e.: that the NDIA may revoke the providers NDIS registration based on the loss of Victorian approved NDIS provider status). The provider will be given at least 14 days to provide a written response to the notice.

o Any response by the provider as to why the provider’s Victorian approved NDIS provider status should not be removed will be taken into consideration by the Victorian government in making its decision.

o The Victorian Government will notify the NDIA of its decision to remove Victorian approved NDIS provider status prior to the decision taking effect.

• A provider that has lost Victorian approved NDIS provider status poses an unreasonable risk to NDIS participants and loss of Victorian approved NDIS provider status will therefore trigger the revocation of the provider’s NDIS registration in accordance with the NDIS Act


2013 and the NDIS (Registered Providers of Supports) Rules 2013 and the NDIA’s Terms of Business.

The NDIA may revoke a provider’s NDIS registration in part, if the provider is registered to provide supports in scope of Victoria's Quality and Safeguards requirements, along with other NDIS funded supports that are not in scope. The NDIA may also initiate the NDIA deregistration of a provider (in consultation with the Victorian Government) where the NDIA determines a provider poses an unreasonable risk to participants or has breached the NDIA Terms of Business.

4.9.4.6 Arrangements for Supported Independent Living in Specialist Disability Accommodation (SDA)

Accommodation and support in-scope of the Disability Act 2006

Support and accommodation that meets the definition of a residential service (as defined under the Act) is treated as an integrated service under the Disability Act, although accommodation and support services may be provided by a single entity or by two separate entities. Where the provision of a residential service (accommodation and support) is split between two entities, there must be an arrangement between them that makes the support provider responsible for rights and obligations under the Disability Act. The support provider’s obligations and duties under the Disability Act include the provision of accommodation that is actually provided by the accommodation provider. In this scenario, only the support provider needs to be registered under the Disability Act.

Important rights such as residential tenancy/ and occupancy arrangements are provided under the Disability Act along with other quality and safeguards such as registration and quality assurance of providers and statutory oversight of support services for people with disability.

Note: Only existing providers of integrated accommodation and supports are eligible to offer both support and accommodation as a single entity. In line with the NDIA’s expectations for a gradual separation of SDA and support services, existing providers will be required to effect a meaningful separation of these functions through contractual arrangements.

Requirements for NDIS providers of Supported Independent Living in SDA

Where Supported Independent Living is provided in SDA, and the service is a residential service as defined under the Disability Act, the support provider must be registered under the Disability Act and approved by the Victorian Department of Health and Human Services to deliver at least one of the following registration groups:

• Daily Tasks/Shared Living • High Intensity Daily Personal Activities • Daily Personal Activities

Support providers of residential services have a range of other statutory duties, obligations and procedural requirements under the Act including:

• a requirement to provide the NDIS participant with a residential statement that includes the term of the residency; the details of support; the support provider’s contact details; and the setting and increase of the residential charge;

• duties including those ordinarily assigned to a ‘landlord’ (which can be undertaken by arrangement with a SDA provider) such as providing the premises in good repair and notices to vacate;


• issues of access related to service provision such as personal care or implementation of a resident’s behaviour support or treatment plan; and

• a requirement to have an arrangement (or agreement in place) with an accommodation provider for the delivery of accommodation and support to a participant.

Note: The NDIA’s Terms of Business for SDA: Addendum includes a requirement that there be a service agreement in place between the SDA provider and participant. The terms of this agreement must not conflict with the residential statement that must be issued by the support provider. Under the terms of their collaboration agreement (see below), SDA and support providers may choose to have the residential statement take the place of a service agreement between a SDA provider and participant.

The Victorian Government has provided sample agreements to guide SDA and support providers on the form of agreements that meet requirements of the Disability Act as follows:

• Disability Accommodation Collaboration Agreement between the SDA and support provider.

• Residential statement – Agreement between the participant and support provider for the provision of accommodation and support (required under the Disability Act).

These documents will be available at: http://www.vic.gov.au/ndis/getting-ready/service-providers.html

These sample agreements are examples only. SDA and support providers are advised to seek their own legal advice and draft agreements in consultation with their support provider.

A further requirement under the Disability Act is to ensure that offers of residency in SDA are in accordance with a process determined by the Secretary of the Department of Health and Human Services (Vic). This ensures placements are fair and transparent. Support providers must work with their SDA provider(s) to manage access to SDA in alignment with the Department of Health and Human Services, Offering Residency in Specialist Disability Accommodation Policy and Standards.

In addition to the requirements above, when making a formal offer for residency in SDA, and prior to the resident taking up the offer, support providers must work with their SDA provider to:

• comply with fire-risk assessment requirements as outlined in the Department of Health and Human Services’ Building Code of Australia requirements for rire risk management in NDIS Specialist Disability Accommodation in Victoria – Summary guidelines;

• provide details to the Department of Health and Human Services of all enrolled properties where services will be delivered (site address and description of services to be provided there); and

• provide evidence to the Department of Health and Human Services that they have entered into an arrangement with a SDA provider that meets the requirements of the Disability Act.

Note: Failure to comply with these requirements may lead to loss of Victorian approved NDIS Provider Status and revocation of NDIS registration. The NDIA will regularly update the department with lists of all enrolled SDA properties and provider contact details to assist with monitoring compliance with these requirements.

Further information on requirements for registered SDA providers can be found in the Guide to Suitability for Specialist Disability Accommodation.


Prospective providers of Supported Independent Living are strongly advised to contact the Victorian Government to check requirements prior to registering with the NDIA. For further information contact [email protected]

Supported Independent Living for people with mental illness or mental disorder and associated psychiatric disability

Providers for people with mental illness or mental disorder and associated psychiatric disability are not required to be registered under the Disability Act but must be approved by the Victorian Department of Health and Human Services to deliver the registration group Daily Tasks/Shared Living, High Intensity Daily Personal Activities, or Daily Personal Activities. Providers must also meet fire risk assessment requirements as outlined in the Department of Health and Human Services’ Building Code of Australia requirements for fire risk management in NDIS Specialist Disability Accommodation in Victoria – Summary guidelines.

In addition to these requirements, existing providers of Supported Independent Living for people with psychiatric disability must meet requirements set out in the Offering Residency in Specialist Disability Accommodation Policy and Standards Victoria’s Quality and Safeguards requirements by provider type.

The requirements listed in Tables 1 to 6 in this section of the Guide will be regularly reviewed and updated and relevant policies may also be updated from time to time. All Victorian approved NDIS providers are responsible for regularly checking that they are up to date with any changes to the requirements in this Guide.

All references to ‘funded organizations’ in the policy documents listed in Tables 1 to 6 in the Victorian section of this Guide are to be read as references to Victorian approved NDIS providers.

4.9.4.7 Requirements for disability service providers

The requirements in this Section apply to providers specialising in services specifically for the support of persons with a disability within the meaning of the Disability Act 2006 and registering (or registered) by the NDIA to provide supports in any of the following NDIS registration groups:

Management of Funding for Supports (Plan Management)

Assistance in coordinating or managing life stages, transition and supports (Life Stage, Transition)

Support Coordination



Specialist Positive Behaviour support (Behaviour Support)

Development of Daily Living and Life Skills (Development-Life Skills)

Participation in community, social and civic activities (Participate Community)

Group and Centre based Activities (Group/Centre Activities)

Assistance with daily life tasks in a group or shared living arrangement (Daily Tasks/Shared Living)



Disability service providers delivering NDIS funded services under the registration groups above must comply with requirements listed in: Table 2: Requirements for all Victorian approved NDIS providers Table 3: Requirements for disability service providers

The Victorian Government will monitor Victorian approved NDIS providers’ ongoing compliance with the requirements set out in this Guide, and in line with the Funded Organisation Performance Monitoring Framework

4.1.1.9 Requirements for providers of psychosocial supports

The requirements in this Section apply to providers specialising in delivering psychosocial supports to people with a mental illness or mental disorder and associated psychiatric disability and registered to provide any of the following NDIS registration groups:





Specialist Positive Behaviour support (Behaviour Support)

Development of Daily Living and Life Skills (Development – Life Skills)



Assistance with daily life tasks in a group or shared living arrangement (Daily Tasks/Shared Living)

Providers of in-scope registration groups are required to comply with the requirements listed in:

Table 2: Requirements for all Victorian approved NDIS providers

Table 4: Requirements for providers of psychosocial supports.

The Victorian Government will monitor Victorian approved NDIS providers’ ongoing compliance with the requirements set out in this Guide, and in line with the Funded Organisation Performance Monitoring Framework.

4.1.1.10 Requirements for providers of early intervention supports for early childhood

The requirements in this Section apply to providers registering or registered to provide the NDIS registration group:

Early Intervention Supports for Early Childhood

http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/4.departmental-policies-procedures-and-initiatives/4.10-funded-organisation-performance-monitoring-framework





Providers delivering NDIS funded services under the registration group above must hold Commonwealth or Victorian approved NDIS provider status. Commonwealth approved NDIS provider status is applicable only to providers of Helping Children with Autism and Better Start programs that were registered to provide these programs prior to 1 July 2016. This group of providers will be monitored by the Commonwealth and must comply with the relevant Commonwealth program requirements. All other providers delivering NDIS funded services under the early intervention supports for early childhood registration group must hold Victorian approved NDIS provider status and comply with the requirements listed in: Table 2: Requirements for all Victorian approved NDIS providers Table 5: Requirements for providers of early childhood supports (0-6 years). The Victorian Government will monitor Victorian approved NDIS provider’s ongoing compliance with the requirements set out in this Guide, and in line with the Funded Organisation Performance Monitoring Framework.

4.9.4.8 Requirements for existing providers of HACC-PYP services

The requirements in this Section apply to existing HACC providers registering or registered to provide the following NDIS registration groups:




High intensity Daily Personal Activities

Development of Daily Living and Life Skills (Development – Life Skills)



Providers delivering NDIS funded services under the registration group above must comply with the requirements listed in: Table 2: Requirements for all Victorian approved NDIS providers Table 6: Requirements for existing providers of HACC-PYP services The Victorian Government will monitor Victorian approved NDIS providers’ ongoing compliance with the requirements set out in this Guide, and in line with the Funded Organisation Performance Monitoring Framework.

HACC-PYP Providers are subject to a single review process against the Home Care Standards conducted by Australian Aged Care Quality Agency (AACQA).






4.9.4.9 Table 1: NDIS registration groups that are in scope of Victorian requirements

National Disability Insurance Agency list of registration groups Status as a Victorian Approved NDIS provider Required?

Plan Management Yes

Accommodation/Tenancy No

Life Stage, Transition Yes

Support Co-ordination Yes

Assist Access/Maintain Employ No

Daily Tasks/Shared Living Yes

Daily Personal Activities Yes

High Intensity Daily Personal Activities Yes

Assistance with Travel/Transport arrangements No

Assistive Equipment for-Recreation No

Hearing Equipment No

Assistive Products for Household Tasks No

Assist Products for Personal Care and Safety No

Vision Equipment No

Hearing Equipment No

Specialised Hearing Services No

Specialist Positive Behaviour support Yes

Communications & Information Equipment No

Community Nursing Care No

Development-Life Skills Yes

Early Intervention Supports for Early Childhood Yes

Home Modification Design and Construction No

Household tasks No

Interpreting and Translation No

Participate Community Yes

Group/Centre Activities Yes

Personal Mobility Equipment No

Custom Prosthetics No

Exercise Physiology & Personal Well-being Activities No

Therapeutic Supports No

Specialist Disability Accommodation (Specialist Accom) No

Specialised Driver Training No

Specialised Supported Employment No

Vehicle modifications No

Assistance Animals No

Innovative Community Participation No


4.9.4.10 Table 2: Requirements for all Victorian approved NDIS providers

Compliance with the requirements in Table 2 is mandatory for all Vic approved NDIS providers.

Legislation policies and guidelines Location Victorian approved NDIS providers must ensure that services are provided in compliance with all applicable Victorian and Australian Laws. This may include, but is not limited to: • Disability Act 2006 (Vic) • Mental Health Act 2014 (Vic) • Children, Youth and Families Act 2005

(Vic) • Charter of Human Rights and

Responsibilities Act 2006 (Vic) • Privacy and Data Protection Act 2014

(Vic) • Health Records Act 2001 (Vic) • Public Records Act 1973 (Vic), including

applicable standards established by the Keeper of Public Records (Public Record Office Victoria)

• Associations Incorporation Reform Act 2012 (Vic)

• The Australian Consumer Law (Cth) • Corporations Act 2001 (Cth) • National Disability Insurance Scheme

Act 2013 (Cth)

Victorian Statute Book http://www.legislation.vic.gov.au/

Victorian Charter of Human Rights and Responsibilities –[ policies and guidelines supporting implementation of the Act]

http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/4.departmental-policies-procedures-and-initiatives/4.9-victorian-charter-of-human-rights-and-responsibilities

Carers Recognition Act

http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/4.departmental-policies-procedures-and-initiatives/4.23-carers-recognition-act

Privacy, data protection and protected disclosures

http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/3.-terms-and-conditions/3.17-privacy-data-protection-and-protected-disclosures

Funded Organisation Performance Monitoring framework.


http://www.legislation.vic.gov.au/




















Legislation policies and guidelines Location Recordkeeping obligations detailed in the Service Agreement Information Kit of Funded Organisations (3.6.2).

http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/3.-terms-and-conditions/3.6-recordkeeping/3.6.2-recordkeeping

Assignment and subcontracting

http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/3.-terms-and-conditions/3.10-assignment-and-subcontracting










4.9.4.11 Table 3: Requirements for disability service providers

Legislation, Standards, policies and guidelines

Location

Registration under the Disability Act 2006 (Vic) Disability service providers must obtain registration under the Disability Act 2006 as a pre-requisite for NDIS registration. Providers must apply for registration on the approved form; and complete a self-assessment against the gazetted Victorian Department of Human Services Standards Providers must attain accreditation, at the provider’s own expense, against the Human Services Standards with an independent review body within 12 months of registration under the Disability Act 2006 and are subject to independent review once in every three-year period. Independent review must be undertaken at the provider’s own expense by an independent review body that is endorsed by the Victorian Government. Providers must operate in accordance with the Disability Act 2006 including obligations with respect to complaints, Community Visitors and restrictive interventions. Where a disability service provider has its registration under the Disability Act 2006 revoked for any reason this will also mean loss of status as a Victorian approved NDIS provider for services in scope of the Act.

The process for registration under the Disability Act 2006 is set out in: Policy, procedures and forms for the registration of disability service providers registered/registering with the National Disability Insurance Agency (Registration Policy)

Information on the Human Services Standards and the process for self-assessment is set out in: Human Services Standards policy There is a list of review bodies endorsed by the Victorian Government to accredit and assess compliance against the Human Services Standards. http://www.dhs.vic.gov.au/for-service-providers/disability/service-Quality-and-improvement/disability-act-2006-for-service-provider Senior Practitioner-Disability- Resources and guides http://www.dhs.vic.gov.au/for-service-providers/disability/service-Quality-and-improvement/disability-act-2006-for-service-provider/Restrictive-interventions-and-compulsory-treatment/related-resources-holder8/restrictive-intervention-data-system-ebehaviour-support-plan

Policy, procedures and forms for the registration of disability service providers registered/registering with the National Disability Insurance Agency (Registration Policy)

http://www.dhs.vic.gov.au/about-the-department/documents-and-resources/policies,-guidelines-and-legislation/national-disability-insurance-agency-disability-service-providers

Human Services Standards policy

http://www.dhs.vic.gov.au/about-the-department/documents-and-resources/policies,-guidelines-and-legislation/human-services-standards

Critical incident management and reporting

http://www.dhs.vic.gov.au/funded-agency-channel/about-service-agreements/incident-reporting/human-services






http://www.dhs.vic.gov.au/about-the-department/documents-and-resources/reports-publications/human-services-standards-independent-review-bodies

http://www.dhs.vic.gov.au/for-service-providers/disability/service-quality-and-improvement/disability-act-2006-for-service-provider




http://www.dhs.vic.gov.au/for-service-providers/disability/service-quality-and-improvement/disability-act-2006-for-service-provider/Restrictive-interventions-and-compulsory-treatment/related-resources-holder8/restrictive-intervention-data-system-ebehaviour-support-plan




















Location

Responding to allegations of physical or sexual assault


Staff Safety screening

http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/4.departmental-policies-procedures-and-initiatives/4.6-safety-screening-for-funded-organisations

Emergency preparedness policy

http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/4.departmental-policies-procedures-and-initiatives/4.19-emergency-preparedness-policy-for-clients-and-services

Complaints management policy

http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/4.departmental-policies-procedures-and-initiatives/4.5-complaints-management

Vulnerable people in emergencies http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/4.departmental-policies-procedures-and-initiatives/4.18-vulnerable-people-in-emergencies

Child Safe Standards http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/4.departmental-policies-procedures-and-initiatives/4.25-child-safe-standards

Offering Residency in Specialist Disability Accommodation Policy and Standards – Policy and Standards

http://www.vic.gov.au/ndis/getting-ready/service-providers.html

Building Code of Australia requirements for fire risk management in NDIS Specialist Disability Accommodation in Victoria - Summary guidelines

Will be available at:


Reportable Conduct Scheme http://www.dhs.vic.gov.au/about-the-department/plans,-programs-and-projects/projects-and-initiatives/children,-youth-and-family-services/creating-child-safe-organisations















http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/4.departmental-policies-procedures-and-initiatives/4.18-vulnerable-people-in-emergencies







4.9.4.13 Table 4: Requirements for providers of psychosocial supports


Location

Existing providers are encouraged to be accredited against the National Standards for Mental Health Services 2010, however this is not mandatory. Existing providers may choose to be independently reviewed and accredited against these Standards, at their own expense and discretion, by an independent review body. Note: An ‘existing provider of psychosocial supports’ is defined as a provider funded to deliver a Victorian Government funded Mental Health Community Support Services program that is transitioning to the NDIS, namely: Individualised Client Support Packages; Adult Residential Rehabilitation; and Supported Accommodation Services. Providers of all other state funded Mental Health Community Support Services are regarded as ‘new providers’ for the purposes of registration as a Victorian approved NDIS provider. New providers applying for NDIS registration for in-scope registration groups for people with a mental illness or mental disorder and associated psychiatric disability will be given Victorian approved NDIS provider status if they are accredited against at least one of the following standards: • National Standards for Mental Health

Services 2010 • Human Services Standards • Australian Service Excellence Standards • National Standards for Disability Services • Evaluation and Quality Improvement

Program Standards • ISO 9001:2008 quality management

system • National Safety and Quality in Health

Services Standards • Quality Improvement Council Health and

Community Services Standards. The provider must be accredited against at least one of these standards by an independent body that is certified by the:

National Standards for Mental Health Services: http://www.health.gov.au/internet/main/publishing.nsf/content/mental-pubs-n-servst10 Human Services Standards Policy: http://www.dhs.vic.gov.au/about-the-department/documents-and-resources/policies,-guidelines-and-legislation/human-services-standards

http://www.health.gov.au/internet/main/publishing.nsf/content/mental-pubs-n-servst10

http://www.health.gov.au/internet/main/publishing.nsf/content/mental-pubs-n-servst10







Location

• International Society for Quality in Health Care; or

• Joint Accreditation System of Australia and New Zealand.

Providers accredited against one or more of the above standards - other than the National Standards for Mental Health Services - must also obtain accreditation against the National Standards for Mental Health Services. The provider must (at their own expense) be independently reviewed by an appropriately certified review body against the National Standards for Mental Health Services within 12 months of obtaining Victorian approved NDIS provider status. In order to maintain Victorian approved NDIS provider status the provider must achieve accreditation. Evidence of accreditation including the final assessment report and a certificate of accreditation must be provided to the department. Comply with obligations for mental health service providers under the Mental Health Act 2014, including the requirement to have regard to the principles in the Act, obligations in regard to reportable deaths, to establish procedures for managing and resolving complaints report to the Mental Health Complaints Commission on the number and outcomes of complaints received.

https://www2.health.vic.gov.au/mental-health/practice-and-service-Quality/mental-health-act-2014

Critical incident reporting policy and instruction (Health)

http://www.dhs.vic.gov.au/funded-agency-channel/about-service-agreements/incident-reporting

Responding to Allegations of physical or sexual assault

http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/4.departmental-policies-procedures-and-initiatives/4.4-responding-to-allegations-of-physical-or-sexual-assault



Victorian Framework for Recovery-Oriented Practice (Victorian Department of Health, 2011)

https://www2.health.vic.gov.au/mental-health/practice-and-service-quality/service-












https://www2.health.vic.gov.au/mental-health/practice-and-service-quality/service-quality/recovery-oriented-practice-in-mental-health




Location

quality/recovery-oriented-practice-in-mental-health

Mental Health Statement of Rights and Responsibilities (2012), Australian Health Ministers Advisory Council (Commonwealth of Australia 2012)

http://www.health.gov.au/internet/main/publishing.nsf/Content/mental-pubs-m-rights2

Victorian Quality Improvement Framework for Health Care 2013-2022 (Victorian Department of Health)

http://www.health.vic.gov.au/divisions/chi/framework-healthcare.htm

Cultural responsiveness framework: guidelines for Victorian Health Services 2010-2013 or update version (Victorian Department of Health 2009)

https://www2.health.vic.gov.au/about/publications/policiesandguidelines/Cultural%20responsiveness%20framework%20-%20Guidelines%20for%20Victorian%20health%20services


Child Safe Standards http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/4.departmental-policies-procedures-and-initiatives/4.25-child-safe-standards

Offering Residency in Specialist Disability Accommodation Policy – Policy and Standards


Building Code of Australia requirements for fire risk management in NDIS Specialist Disability Accommodation in Victoria - Summary guidelines

Will be available at:

















4.9.4.14 Table 5: Requirements for providers of early intervention supports for early childhood (0-6 years)


Location

Providers wishing to register to provide the registration group Early Intervention Supports for Early Childhood (formerly Early Childhood Supports) are required to complete a self-assessment against the Victorian Early Childhood Intervention (ECI)Standards 2016 demonstrating the provider’s suitability and compliance with the ECI Standards. To maintain Victorian Approved NDIS Provider status providers of early intervention supports for early childhood are required to undertake an independent review verifying their compliance with the Victorian ECI Standards. Independent review must be undertaken within 18 months of gaining approval status using an independent review body endorsed by the Victorian Government, at the provider’s expense.

The process for providers to complete self-assessment against the Early Childhood Intervention Standards is set out in:

• Procedures and Forms for NDIS Early Childhood Supports Providers Operating in Victoria

(http://www.education.vic.gov.au/childhood/providers/needs/Pages/ecisframework.aspx )

Providers must comply with any performance standards made under the Education and Care Service National Law Act 2010 (Vic) where relevant to provider operating model. Providers must comply with the Child Safe Standards

http://www.dhs.vic.gov.au/about-the-department/documents-and-resources/policies,-guidelines-and-legislation/child-safe-standards

Quality of service delivery

http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/3.-terms-and-conditions/3.3-service-delivery/3.3.1-Quality-of-service-delivery





Conducting research in early childhood settings and schools

http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/4.departmental-policies-procedures-

http://www.education.vic.gov.au/childhood/providers/needs/Pages/ecisframework.aspx





http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/3.-terms-and-conditions/3.3-service-delivery/3.3.1-quality-of-service-delivery











http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/4.departmental-policies-procedures-and-initiatives/4.20-conducting-research-in-early-childhood-settings-and-schools




Location

and-initiatives/4.20-conducting-research-in-early-childhood-settings-and-schools

Complaints management (as amended from time to time)

Complaints Management Policy and Complaints Information is available on the Department of Education and Training website - ECIS Publications section: http://www.education.vic.gov.au/childhood/providers/needs/Pages/ecispublications.aspx#link19

Incident Reporting Guidance for ECIS Providers (as amended from time to time)

Incident Reporting Guidance for ECIS and Incident Report Form for ECIS are available on the Department of Education and Training website - ECIS Publications section : http://www.education.vic.gov.au/childhood/providers/needs/Pages/ecispublications.aspx#link19

EC Programs and Services Guide (as amended from time to time)

http://www.education.vic.gov.au/childhood/providers/funding/Pages/devgroupprogguide.aspx

ECIS Guide (as amended from time to time)

http://www.education.vic.gov.au/childhood/providers/needs/Pages/ecispublications.aspx

Procedures and Forms for NDIS Early Childhood Supports Providers in Victoria (as amended from time to time)

The process for providers to complete self-assessment against the Early Childhood Intervention Standards is set out in: Procedures and Forms for NDIS Early Childhood Supports Providers in Victoria (http://www.education.vic.gov.au/childhood/providers/needs/Pages/ecisframework.aspx

4.9.4.15 Table 6: Requirements for existing HACC-PYP providers


Location

Providers of HACC-PYP services must comply with and be reviewed against the Home Care Common Standards Providers are subject to a single review process against the Home Care Standards conducted by Australian Aged Care Quality Agency (AACQA).

https://www.aacqa.gov.au/for-providers/home-care



http://www.education.vic.gov.au/childhood/providers/needs/Pages/ecispublications.aspx%23link19














Location



Critical incident management instruction (health)






Complaints management policy


Occupational health and Safety

http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/4.departmental-policies-procedures-and-initiatives/4.7-occupational-health-and-safety

Workcover http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/4.departmental-policies-procedures-and-initiatives/4.8-workcover

Pandemic business continuity planning

Http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/4.departmental-policies-procedures-and-initiatives/4.11-pandemic-business-continuity-planning























http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/4.departmental-policies-procedures-and-initiatives/4.8-workcover



http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/4.departmental-policies-procedures-and-initiatives/4.11-pandemic-business-continuity-planning










4.9.5 Requirements for new specialist disability providers in ACT

4.9.5.1 Specialist Disability Services

Safeguards and quality assurance frameworks that currently exist to protect people in the ACT sit under the ACT Disability Services Act 1991 and related instruments. This Act applies to all specialist disability service providers in the ACT regardless of whether they are an NDIS provider.

The Human Services Registrar (HSR) is responsible for administering the Disability Services Act 1991 and related instruments. It also regulates the sector to ensure compliance with standards established under law.Specialist Disability Service Providers have mandated ongoing reporting obligations to the HSR, these include:

• Critical incidents/ complaints - report the circumstances of a risk where the provider has reasonable grounds to believe there is serious risk to the life, health or safety of a person with a disability to whom the provider is providing a specialist disability service. Targeted compliance reviews may occur in response to complaints or critical incidents.

• Disclosure of: an investigation of the provider; arbitration, litigation or other adjudicative proceeding that could have an adverse impact on the provider’s capacity to comply with the standards.

• Changes to governance structure – any material change or proposed change to the constitution and rules or

memorandum and articles of association; any change in their chair of the board, public officer, chief executive or any

equivalent positions or executive management; their intention to obtain an exemption from compliance with any law of the

Territory that applies to the provider, including under the Discrimination Act 1991 (ACT); and

any circumstance that could adversely affect their financial capacity to deliver specialist disability services.

4.9.5.2 NDIS Quality and Safeguards Agreement

Under agreement with the federal government, pending the development of and transition to a nationally consistent quality and safeguarding approach under the NDIS, existing jurisdictional safeguards will be maintained. In the ACT these safeguards include:

• Ensuring that people working or volunteering with vulnerable people are registered with the Office of Regulatory Services under the Working with Vulnerable People (Background Checking) Act 2011. People working in disability services need to be registered.

• Specialist Disability Service providers need to provide support within a Standards framework. Relevant standards include, but are not limited to: National Disability Service Standards; Home Care Standards; National Standards for Mental Health Services; Disability Standards for Education; and Disability Advocacy Standards.

Assessment of providers against the safeguards is conducted by the HSR. For more information on

safeguards and quality assurance in regard to the NDIS, please click here.

For inquiries please email [email protected] or call (02) 6207 5474.

Both new and existing registered providers wishing to register for new groups must apply to the Human Services Registrar for assessment against the ACT’s quality and safeguards requirements by contacting [email protected] or Phone: 02 6207 5474 The NDIA will await advice from the ACT as to whether to finalise registration of an organisation.

http://www.communityservices.act.gov.au/disability_act/national_disability_insurance_scheme/safeguards-and-quality



Whether or not they are registered with the NDIA, Specialist Disability Service providers are required to comply with: The Disability Services Act 1991 and subordinate instruments, and The Disability Services Regulation 2014 provides the necessary legislative authority. The definition of Specialist Disability Service under the Disability Services Act 1991 and the applicable standards are also available.

4.9.5.3 Assessment

Once you have contacted the Human Services Registrar, you will be advised of what specific evidence you need to provide. Following receipt of all information and assessment, advice will be provided to the NDIA and you regarding registration of your organisation for the requested registration groups. The length of time for an assessment can be up to 4 weeks, as long as all information sought is provided in a timely way. Failure to provide information will delay the assessment.

In assessing compliance with quality and safeguards for specialist disability services, the ACT Government needs evidence that supports the existence and use of key organisational safeguards. The regulatory approach is proportionate to risk. Suitable evidence will be in keeping with your organisation type, size and structure and the services to be delivered. A service delivering personal care to clients with high and complex needs would be considered to be engaged with far more risk than a service delivering art therapy. The evidence provided will need to demonstrate that the organisation has identified possible risks and developed management strategies to eliminate or minimise them. So for example, a small business would not be expected to have extensive staff manuals, management systems and governance documents like those expected of an organisation with a Board and constitution etc, but would be expected to document how the internal control structure works. In many cases a policy statement will suffice.

In assessing your application, the Office of the Human Services Registrar looks at organisational documents for information/ evidence about how the organisation meets the applicable standards, this could include evidence of:

• Self-assessment, external accreditation or a statement describing how you meet the standards.

• Governance and management structures and business (including financial) planning

• Staff qualifications and recruitment practices

• Current working with vulnerable people checks

• A copy of your organisational Child Safety policy detailing

http://www.legislation.act.gov.au/a/1991-98/default.asp

http://www.legislation.act.gov.au/sl/2014-12/default.asp

http://www.legislation.act.gov.au/a/1991-98/di.asp

http://www.legislation.act.gov.au/a/1991-98/di.asp


• Information and policies regarding organisational risk management, complaints/feedback processes, human resource processes

For further information or if you have any questions, please don’t hesitate to contact the [email protected] or phone: 02 6207 5474

o Reporting requirements for the purposes of the Children and Young People Act 2008;

o Training available to help staff for the purposes of the Children and Young People Act 2008; and

o Avenues of assistance that staff can access to help them to comply with the Children and Young People Act 2008



4.9.6 Requirements for specialist disability providers in New South Wales

Note: These requirements reflect the NSW Transitional Quality Assurance and Safeguards Working Arrangements agreed between the NSW Government, Commonwealth Government and the National Disability Insurance Agency (NDIA) in June 2016 and updated in May 2017.

The NDIA has worked with the Commonwealth and New South Wales Governments to ensure that the existing quality assurance standards and safeguards in New South Wales are available to NDIS participants in transition.The NSW Transitional Quality Assurance and Safeguards Working Arrangements outline the quality and safeguarding requirements for service providers who wish to register to provide disability supports in NSW.

In NSW disability supports are separated into two categories, based on NDIS Registration Groups. These are outlined in Appendix 2 Parts A and B of the NSW Transitional Quality Assurance and Safeguards Working Arrangements.

For registration groups listed in Appendix 2 Part A, a provider must meet the criteria outlined Appendix 2 Part A for the relevant supports, agree to NDIA Terms of Business and meet the criteria prescribed in the NDIA Rules for Registered Providers.

For registration group listed in Appendix 2 Part B - Specialist Disability Registration Groups: in addition to the above requirements, a provider is required to submit evidence of Third Party Verification (TPV) against the NSW Disability Services Standards or certification against one of the relevant comparable standards, these include the National Standards for Disability Services, Attendant Care Industry Standards, Home Care Standards, Victorian Department of Human Services Standards and Queensland Human Services Quality Framework.

The arrangements for specialist disability providers in New South Wales are detailed in the sections below and summarised in the following flow chart.

More information can be found in the NSW Transitional Quality Assurance and Safeguards Working Arrangements at https://myplace.ndis.gov.au/ndisstorefront/providers/nsw-registering-provider.html.

https://myplace.ndis.gov.au/ndisstorefront/providers/nsw-registering-provider.html


Registering to provide NDIS Services in NSW

In order to become a registered provider under the National Disability Insurance Scheme (NDIS) during the transition period, a provider must:

• complete the PRODA authentication process and obtain a myplace account • submit an intent to register with the NDIA via myplace • select the registration groups to register for • read and sign the Declaration of Suitability • provide supporting evidence and documentation.

Further information about the registration process can be found on the NDIS provider registration page

Evidence required for Specialist Disability Support providers

As part of the registration process in NSW, specialist disability support providers are required to provide evidence that they satisfy the quality assurance requirements described in Appendix 2 – Part B of the NSW Transitional Quality Assurance and Safeguards Working Arrangements.

Providers must have a quality management system in place and comply with the NSW Disability Service Standards or comparable standards and have their compliance verified or certified by a third party verifier.

Comparable standards include the National Standards for Disability Services, Attendant Care Industry Standards, Home Care Standards, Victorian Department of Human Services Standards and the Queensland Human Services Quality Framework. Third party verifiers or certifying bodies for NSW Disability Service Standards and any comparable standards must be accredited either by the Joint Accreditation System of Australia and New Zealand (JAS-ANZ) http://www.jas-anz.org/ or the International Society for Quality in Health Care (ISQua) http://isqua.org/.

National Disability Services (NSW) holds a list of third party verification bodies who can conduct TPV against the NSW Disability Service Standards at http://www.idfnsw.org.au/adhc-quality-requirements-resource-and-tpv-list.

NB: The NSW Department of Family and Community Services (FACS) cannot undertake or approve a service provider’s TPV against the NSW Disability Service Standards or certification against one of the comparable standards.

A provider is responsible for undertaking the necessary arrangements to ensure they can provide this evidence to the NDIA as part of the registration process.

The NDIA will not register a provider of specialist disability supports until evidence of TPV against the NSW Disability Service Standards or a current certification against a comparable standard has been uploaded to the NDIS Provider Portal.

Further information and resources to assist providers comply with the NSW Disability Service Standards and achieve third party verification (TPV) can be found at http://www.adhc.nsw.gov.au/sp/quality and http://www.idfnsw.org.au/adhc-quality-requirements-resource-and-tpv-list.

https://www.ndis.gov.au/providers/ndis-providers.html

https://www.ndis.gov.au/providers/ndis-providers.html

http://isqua.org/

http://www.idfnsw.org.au/adhc-quality-requirements-resource-and-tpv-list


http://www.adhc.nsw.gov.au/sp/quality




Registration of existing ADHC funded providers

Providers operating under an existing FACS-ADHC Funding Agreement will be automatically recognised by the NDIA as complying with the NSW Transitional Quality Assurance and Safeguards Working Arrangements.

All existing ADHC funded providers will need to:

• complete the National Disability Insurance Agency (NDIA) provider registration process • agree to the Terms of Business for Registered Support Providers and Declaration of

Suitability FACS-ADHC will provide a status report on provider TPV compliance to the NDIA following the formal Quality Framework Reporting (QFR) periods.

FACS-ADHC funded providers are required to continue to comply with the terms of their Funding Agreement throughout the transition period (even if funding ceases in whole or part during the Agreement term) including all relevant legislation, operational policies and guidelines.

This includes continuing to report on the achievement of third party verification (TPV) status through Quality Framework Reporting (QFR).

Existing ADHC funded service providers who wish to expand their service offering will apply directly to the NDIA for registration of additional Registration Groups. Providers must include any new specialist disability supports in the scope of their next scheduled TPV audit if this is due before 30 June 2018.

Note: Delivering supports to people in a group or shared living arrangement requires a level of expertise and experience on the part of the provider. For this reason, during transition, providers can only deliver this registration group if they are an existing provider of accommodation supports and provide a similar service in another jurisdiction or sector and attain independent TPV specifically covering this type of support.

The NDIA and the NSW Government are working together to ensure that all existing service providers are registered as quickly as possible.

Registration of existing Commonwealth funded providers

Existing providers that transition to deliver their services under the NDIS in NSW will continue to be subject to the quality and safeguards terms of their Commonwealth funding agreements in accordance with the Terms of Business for Registered Providers for the NDIA. Transitioning Australian Disability Enterprises will be required to continue to meet their obligations against their Funding Agreements while also maintaining certification under JAS-ANZ against the National Standards for Disability Services.

Registration of existing Commonwealth funded providers seeking to expand services during transition

Current Commonwealth funded providers that intend to expand their offer of supports to a new NDIS registration group (or groups) in NSW will need to apply directly to the NDIA for registration of expanded scope.


Expansion of scope will be subject to compliance with NSW Transitional Quality Assurance and Safeguards Working Arrangements, including verification of capacity to deliver services not already covered by a Commonwealth Funding Agreement.

Registration of new providers with experience providing disability supports

Providers that are not currently operating under a NSW Department of Family and Community Services (FACS) – Ageing and Disability Home Care (ADHC) Funding Agreement or a recognised Commonwealth administered program who wish to provide specialist disability supports in NSW, will need to provide evidence of third party verification (TPV) against the NSW Disability Services Standards or certification against one of the comparable standards.

The NSW Government and the NDIA take quality assurance and safeguards very seriously. Due to the different levels of risk associated with the delivery of specialist disability supports, compliance with the NSW Disability Service Standards or one of the comparable standards is essential to protect and promote the interests of NDIS participants.

The NDIA will not register a provider of specialist disability supports until evidence of TPV against the NSW Disability Service Standards or current certification against a comparable standard has been uploaded to the NDIS myplace portal.

All providers are responsible for undertaking the necessary arrangements to ensure that they can provide this evidence to the NDIA as part of the NDIS registration process.


Registration of new providers with no experience providing specialist disability support

A new provider that has no experience or track record in the delivery of a specialist disability support or experience providing a similar service in an adjacent sector+ will not be able to demonstrate the requirements necessary to achieve third party verification against the NSW Disability Service Standards or National Standards for Disability Services.

During transition, new providers without relevant experience in the delivery of specialist disability supports are able to register to provide the supports outlined in Appendix 2 – Part A of NSW Transitional Quality Assurance and Safeguards Working Arrangements and build their experience in delivering disability supports. To register to deliver these supports a provider must:

• meet the relevant criteria outlined in Appendix 2 – Part A • agree to the NDIS Rules – Rules For Registered Providers of Supports and the NDIA Terms

of Business • read and agree to the NSW Quality Assurance and Safeguards Transitional Working

Arrangements.

+Note: New providers with experience in adjacent sectors such as mental health, aged care, out of home care, health, community services or community housing can refer to the ADHC Systems Recognition Tool to see the extent to which their existing accreditation and systems meet the NSW Disability Service Standards. TPV will ensure any gaps have been met, and consumer involvement can be drawn from the adjacent services where similar type services have been provided.

Registration of new specialist positive behaviour support providers

New providers registering to deliver positive behaviour support are required to:

• achieve TPV against the NSW Disability Service Standards or certification against a comparable standard, including compliance with the NSW Behaviour Support Policy

• agree to and sign the Positive Behaviour Support Provider Declaration Statement which attests to being able to demonstrate compliance with the defined criteria regarding the qualifications and experience required to deliver behaviour support in NSW

• submit the above evidence as part of the NDIS registration process. For more information on requirements for behaviour support providers refer to Appendix 2 Part B of the NSW Transitional Quality Assurance and Safeguards Working Arrangements.

Registration of sole allied health professional or small consortia who wish to provide Early Childhood Intervention Supports

Allied health professionals practising as a sole practitioner or as independent allied health practitioners in a small allied health consortia (up to a maximum of four practitioners) registering to deliver early intervention support for early childhood only may be exempt from TPV requirements. To be eligible for the exemption allied health professionals must:

• hold a relevant allied health qualification to practise in NSW • a minimum of 2 years practice experience in the provision of therapeutic support to children

aged 0-6 years • hold a relevant professional registration or professional association membership required to

practice in NSW.


To obtain the exemption, an allied health professional must sign and submit an Allied Health Professional Declaration Statement and submit this as part of the NDIS registration process https://www.ndis.gov.au/providers/nsw-registering-provider.html


Flow Chart - NDIA registration process and evidence requirements in NSW

Complete the PRODA authentication process and obtain a myplace account

Submit an intent to register with the NDIA via their myplace account and

select Registration Groups

Read and sign the Declaration of Suitability

Provider submits supporting evidence and documentation to the NDIA

Providers seeking to deliver specialist disability NDIS Registration Groups described in Appendix 2 Part B of the NSW Transitional Working

Arrangements

NDIA advises provider of decision

Existing FACS funded disability providersAutomatically recognised by the NDIA, providing they have

completed the National Disability Insurance Agency provider registration process and agreed to the Terms of Business for

Registered Support Providers.

New providers with experience providing specialist disability NDIS Registration Groups but not currently operating under a FACS or

Commonwealth agreement Need to provide evidence of TPV against the NSW Disability Services

Standards or certification against a comparable standard.*

New providers with no experience providing specialist disability supports+

Can register with the NDIA to provide the supports described in Appendix 2 - Part A of the NSW Transitional Working Arrangements

and build their experience in delivering disability supports. + Providers with experience in the provision of similar services in adjacent sectors such as mental health, aged care, out of home

care, health, community services or community housing can seek TPV against the NSW Disability Services Standards or certification

against a comparable standard.*

New specialist positive behavior support providersNeed to:

- achieve TPV against the NSW Disability Services Standards or a certification against a comparable standard*, including compliance

with the NSW Behaviour Support Policy- agree to and sign the Positive Behaviour Support Provider

Declaration Statement.

Sole allied health professional or small consortia (max 4 practitioners) seeking to provide early childhood intervention

supportsMay be exempt from TPV requirements. To be eligible for the

exemption allied health professionals must: - hold a relevant allied health qualification to practise in NSW

-have a minimum 2 years experience providing therapeutic support to children aged 0-6 years

- hold a relevant professional registration or professional association membership required to practice in NSW.

To obtain the exemption, an allied health professional must sign and submit an Allied Health Professional Declaration Statement.

Providers seeking to deliver the NDIS Registration Groups described in

Appendix 2 Part A of the NSW Transitional Working Arrangements

- meet the criteria outlined in Appendix 2 Part A for the relevant supports- agree to NDIA Terms of Business

- meet the criteria prescribed in the NDIA Rules for Registered Providers.

*Comparable Standards include the National Standards for Disability Services, Attendant Care

Industry Standards, Home Care Standards, Victorian Department of Human Services Standards and

Queensland Human Services Quality Framework.

*Comparable Standards include the National Standards for Disability Services, Attendant Care

Industry Standards, Home Care Standards, Victorian Department of Human Services Standards and

Queensland Human Services Quality Framework.


Appendix 1: Requirements for providers of disability supports

Existing ADHC funded and new providers of specialist disability supports as identified at Appendix 2 Part B must provide services that comply with:

• The Disability Inclusion Act 2014 (NSW) and Disability Inclusion Regulation 2014 (NSW), • All other relevant laws of NSW and Australia, • Applicable codes of conduct, professional standards or quality assurance standards, • Applicable policies, procedures and guidelines from ADHC and other relevant agencies, and • NSW Disability Services Standards (NSW DSS) or relevant comparable standards.

Comparable standards include National Standards for Disability Services, Attendant Care Industry Standards, Home Care Standards, Victorian Department of Human Services Standards and Queensland Human Services Quality Framework.

Performance Policy Quality Policy for ADHC funded services Brief description NSW Quality Framework for Disability Services is built on the National Quality

Framework for Disability Services in Australia and based on the NSW DSS, which align with the proposed revised National Standards for Disability Services. All providers must:

• Comply with the ADHC Quality Framework Policy, • Have a quality management system in place, and • Have their compliance with the NSW DSS verified through an independent

third party.

Who the policy applies to

Existing ADHC funded providers and new disability support providers

URL http://www.adhc.nsw.gov.au/__data/assets/file/0011/256835/Quality_Policy_for_ADHC_funded_services.pdf

Guidelines NSW Disability Services Standards and Standards in Action Manual

Brief description The NSW DSS form the basis of ADHC's quality requirements and have been updated to reflect contemporary practices that place people with disability at the centre of decision making and choice about their supports and services. The NSW DSS have been streamlined and align to the proposed revised National Standards for Disability Services. Where an organisation has attained third party verification against the NSW DSS, they will be deemed to meet the requirements of the proposed revised National Standards for Disability Services.

Who the guidelines apply to


URL http://www.adhc.nsw.gov.au/sp/quality/standards_in_action

http://www.dhs.vic.gov.au/for-service-providers/disability/service-quality-and-improvement/national-quality-framework-for-disability-services-in-australia

http://www.adhc.nsw.gov.au/__data/assets/file/0011/256835/Quality_Policy_for_ADHC_funded_services.pdf

http://www.adhc.nsw.gov.au/__data/assets/file/0011/256835/Quality_Policy_for_ADHC_funded_services.pdf

http://www.adhc.nsw.gov.au/sp/quality/standards_in_action


Governance

School Education

Policy Governance policy for FACS funded disability service providers Brief description Outlines the governance requirements appropriate to the size of an organisation

to ensure sustainability, viability, efficiency and productivity



URL http://www.adhc.nsw.gov.au/__data/assets/file/0009/256833/Governance-policy-for-FACS-funded-disability-service-providers.pdf

Policy Sub-contracting and brokerage policy for FACS funded disability service providers

Brief description Outlines requirements for commissioning third party providers through sub-contracting and brokerage, including:

• Definitions of ‘brokerage’ and sub-contracting’, • Requirements for commissioning third party providers, and • Mechanisms that funded disability service providers should use to

adequately manage those arrangements in the context of their own obligations.



URL http://www.adhc.nsw.gov.au/__data/assets/file/0004/256837/Sub-contracting-and-brokerage-policy-for-FACS-funded-disability-service-providers.pdf

Policy School supports Brief description All NDIA registered providers must comply with any applicable policy and

guideline as advised by the relevant school, including preschool, about the provision of support to a student while at school. NSW Public Schools has developed a framework for principals to guide their interactions with external service providers, including those funded through the NDIS



URL Relevant NSW Public School or preschool principal to advise existing ADHC funded providers and new disability support providers.

http://www.adhc.nsw.gov.au/__data/assets/file/0009/256833/Governance-policy-for-FACS-funded-disability-service-providers.pdf

http://www.adhc.nsw.gov.au/__data/assets/file/0009/256833/Governance-policy-for-FACS-funded-disability-service-providers.pdf

http://www.adhc.nsw.gov.au/__data/assets/file/0004/256837/Sub-contracting-and-brokerage-policy-for-FACS-funded-disability-service-providers.pdf

http://www.adhc.nsw.gov.au/__data/assets/file/0004/256837/Sub-contracting-and-brokerage-policy-for-FACS-funded-disability-service-providers.pdf


Probity in Employment Policy Probity in Employment Policy for FACS funded disability service providers

Brief description • Designed to promote a strong culture of probity in employment of persons (paid or unpaid) involved in delivering services and supports to people with disability.

• Confirms the major obligations under the Disability Inclusion Act 2014: o To ensure that appropriate probity checking is carried out on

individuals involved in the provision of disability supports and services, o A prohibition on the employment or engagement of individuals who

have been convicted of certain offences, o A requirement to repeat criminal records checks every four years.

• Provides additional guidance and information on probity checking.



URL http://www.adhc.nsw.gov.au/__data/assets/file/0020/241355/Probity-in-Employment-Policy-for-FACS-funded-disability-service-providers.pdf

Disability Reportable Incidents Scheme Guidelines Disability Reportable Incidents Scheme Brief description Service providers of disability supported group accommodation and centre based

respite are required to notify the NSW Ombudsman of ‘reportable incidents’ involving people with disability. Service providers must report the following incidents to the NSW Ombudsman: 1. Employee to client incidents of sexual assault, sexual misconduct, assault,

fraud, ill-treatment or neglect, 2. Client to client incidents of sexual, physical assault (causing serious injury

or involving the use of a weapon), or that forms a pattern of abuse, 3. Contravention of an AVO taken out to protect a person with disability, 4. Unexplained serious injury of a person with disability. Notification forms and fact sheets are available on the NSW Ombudsman website.



URL http://www.ombo.nsw.gov.au/what-we-do/our-work/community-and-disability-services/part-3c-reportable-incidents

http://www.adhc.nsw.gov.au/__data/assets/file/0020/241355/Probity-in-Employment-Policy-for-FACS-funded-disability-service-providers.pdf

http://www.adhc.nsw.gov.au/__data/assets/file/0020/241355/Probity-in-Employment-Policy-for-FACS-funded-disability-service-providers.pdf

http://www.ombo.nsw.gov.au/what-we-do/our-work/community-and-disability-services/part-3c-reportable-incidents

http://www.ombo.nsw.gov.au/what-we-do/our-work/community-and-disability-services/part-3c-reportable-incidents


Death Legislation Community Services (Complaints, Reviews and Monitoring) Act 1993 Part 6

- Reviewable Deaths Brief description Service providers must report information about the deaths of children and adults

with disability who, at the time of their death, were living in, or temporarily absent from, residential care provided by a service provider, or an assisted boarding house, to the NSW Ombudsman.

Who the legislation applies to

Existing ADHC funded residential care providers and new disability support residential care providers

URL https://www.ombo.nsw.gov.au/what-we-do/our-work/community-and-disability-services/reviewable-deaths

Policy Death Procedures Brief description The ADHC Death Procedures embody the principles of legal and human rights

found in the NSW DSS, the commitment to delivery culturally responsive services to Aboriginal and Torres Strait Islander people under the Aboriginal Policy Statement and the person centred guiding principles of the ADHC Health and Wellbeing Policy. They provide direction to support workers in the event of a person becoming unresponsive, or if an unresponsive or deceased person is found.


These procedures are mandatory for ADHC operated accommodation support services, including centre-based respite services and other support services, unless otherwise stated. Some sections are mandatory for ADHC funded non-government support services and assisted boarding houses.

URL http://www.adhc.nsw.gov.au/publications/policies/policies_a-z

Work Health and Safety Legislation Work Health and Safety Act 2011, Work Health and Safety Regulation 2011 Brief description A 'person conducting a business or undertaking' (PCBU) is a legal term under

WHS laws for individual. As a PCBU you must meet your obligations, so far as is reasonably practicable, to ensure the health and safety of workers and other people like visitors and volunteers, and businesses or organisations that are conducting business.


Existing ADHC funded providers and new disability support providers. Participants/carers who are considered a PCBU.

URL https://www.workcover.nsw.gov.au/law-and-policy/employer-and-business-obligations/definitions-of-pcbus-and-workers

https://www.ombo.nsw.gov.au/what-we-do/our-work/community-and-disability-services/reviewable-deaths

https://www.ombo.nsw.gov.au/what-we-do/our-work/community-and-disability-services/reviewable-deaths

http://www.adhc.nsw.gov.au/publications/policies/policies_a-z

https://www.workcover.nsw.gov.au/law-and-policy/employer-and-business-obligations/definitions-of-pcbus-and-workers

https://www.workcover.nsw.gov.au/law-and-policy/employer-and-business-obligations/definitions-of-pcbus-and-workers


Workers Compensation Legislation Workers Compensation Act 1987, Workplace Injury Management and

Workers Compensation Act 1998, Workers Compensation Regulation 2010 Policy Workers compensation insurance policy Brief description All employers in NSW (except exempt employers) are required to have a workers

compensation insurance policy. Exempt employers are employers who pay $7,500 or less in annual wages, who do not employ an apprentice or trainee, or are part of a group for premium purposes.


Existing ADHC funded providers and new disability support providers. Participants/carers who are employers.

URL http://www.workcover.nsw.gov.au/insurance/workers-compensation-insurance-for-your-business

Policy Notification of workplace incidents and injuries Brief description All employers and workers have specific obligations to report workplace incidents

and injuries. Who the policy applies to


URL http://www.workcover.nsw.gov.au/workers-compensation-claims/report-an-incident-or-injury/notifying-and-recording-an-incident-or-injury

Policy Injury management programs Brief Description Under section 43(5) of the Workplace Injury Management and Workers

Compensation Act 1998 an employer must comply with obligations imposed by insurer’s injury management program i.e. the insurer’s written strategy for managing workplace injuries This requirement does not apply where the employer is a self-insurer.

Who the Policy Applies To


URL http://www.legislation.nsw.gov.au/maintop/view/inforce/act+86+1998+cd+0+N Policy Employer’s injury management plan obligations Brief Description Under section 46 of the Workplace Injury Management and Workers

Compensation Act 1998 an employer must participate and cooperate in establishment of an injury management plan, and comply with obligations imposed under that plan. This requirement does not apply where the employer is a self-insurer.



URL http://www.legislation.nsw.gov.au/maintop/view/inforce/act+86+1998+cd+0+N

http://www.workcover.nsw.gov.au/insurance/workers-compensation-insurance-for-your-business

http://www.workcover.nsw.gov.au/insurance/workers-compensation-insurance-for-your-business

http://www.workcover.nsw.gov.au/workers-compensation-claims/report-an-incident-or-injury/notifying-and-recording-an-incident-or-injury

http://www.workcover.nsw.gov.au/workers-compensation-claims/report-an-incident-or-injury/notifying-and-recording-an-incident-or-injury

http://www.legislation.nsw.gov.au/maintop/view/inforce/act+86+1998+cd+0+N



Policy Suitable employment Brief Description Suitable employment needs to be provided by the employer when a worker is

unable to immediately return to their normal duties after an injury. Under section 49 of the Workplace Injury Management and Workers Compensation Act 1998 employers are required to provide suitable employment (as defined in section 32A of the Workers Compensation Act 1987) and, as far as reasonably practicable, that is the same as or equivalent to the employment the worker was in at the time of the injury. Suitable employment does not have to be provided if: • it is not reasonably practicable to do so • the worker voluntarily left employment either, before or after, the

commencement of the incapacity for work • the employer terminated the workers employment after the injury, other than

for the reason that the worker was not fit for employment as a result of the injury.

Note: It is an offence to dismiss an injured worker because they are not fit for employment as a result of the injury.



URL http://www.legislation.nsw.gov.au/maintop/view/inforce/act+86+1998+cd+0+N http://www.legislation.nsw.gov.au/maintop/view/inforce/act+70+1987+cd+0+N

Policy Return to work programs Brief Description A return to work program consists of the formal policy and procedures that an

employer must have in place to help injured workers with their recovery and return to the workplace. A return to work program must be developed within 12 months of becoming an employer and be done in consultation with the employer’s workers and any industrial union representing those workers. For a category one employer (an employer with a basic tariff premium exceeding $50 000 per annum, or is self-insured, or is insured by a specialised insurer and employs more than 20 workers) a return to work program must be developed in accordance with the guidelines for workplace return to work programs. A category two employer (any employer who is not a category one employer as described above), can use the standard return to work program prepared by the State Insurance Regulatory Authority.



URL http://www.workcover.nsw.gov.au/__data/assets/pdf_file/0017/18305/guidelines_for_workplace_rtw_programs_2872.pdf



http://www.workcover.nsw.gov.au/__data/assets/pdf_file/0017/18305/guidelines_for_workplace_rtw_programs_2872.pdf

http://www.workcover.nsw.gov.au/__data/assets/pdf_file/0006/16656/standard_return_to_work_program_0004.pdf




Privacy Legislation Privacy and Personal Information Protection Act 1998 (NSW) Brief description The legislation applies to NSW public sector agencies. However, ADHC funded

providers (by virtue of their funding agreement with ADHC) and new disability service providers (by virtue of these working arrangements) are also required to comply with the 12 Information Protection Principles.



URL http://www.austlii.edu.au/au/legis/nsw/consol_act/papipa1998464 Legislation Health Records and Information Privacy Act 2002 (NSW) Brief description • Outlines how health information should be managed.

• Includes 15 Health Privacy Principles that describe what to do when handling personal health information, including collection, storage, use, disclosure, as well as rights to access health information.

• Additional principles relate to identifiers, anonymity, transferals and linkages.



URL http://www.austlii.edu.au/au/legis/nsw/consol_act/hraipa2002370/ Legislation Privacy Code of Practice (General) 2003 (NSW) Brief description Allows departure from some privacy principles where an individual lacks capacity



URL http://www.austlii.edu.au/au/legis/nsw/consol_reg/pcop2003251/ Legislation Health Records and Information Privacy Code of Practice 2005 (NSW)

Brief description Allows sharing of information with other service providers in limited circumstances


The legislation applies to all health services providers in NSW, which includes providers of disability services or supports. Existing ADHC funded providers and new disability support providers are covered.

URL http://www.austlii.edu.au/au/legis/nsw/consol_reg/hraipcop2005458/

http://www.austlii.edu.au/au/legis/nsw/consol_act/papipa1998464

http://www.austlii.edu.au/au/legis/nsw/consol_act/hraipa2002370/

http://www.austlii.edu.au/au/legis/nsw/consol_reg/pcop2003251/

http://www.austlii.edu.au/au/legis/nsw/consol_reg/hraipcop2005458/


Child Protection Legislation Children and Young Persons (Care and Protection) Act 1998 Brief description Defines certain classes of people who work with children and their managers as

mandatory reporters, who have a statutory obligation to report children who are at risk of significant harm (ROSH) to Community Services Child Protection Helpline on 132 111 when there are reasonable grounds to suspect that a child, or children, are at risk of significant harm from abuse or neglect.


Existing ADHC funded providers and new disability support providers who provide services to children and young people.

UURL http://www.legislation.nsw.gov.au/#/view/act/1998/157/whole Policy Child Protection Guidelines Brief description Designed to assist staff to understand their obligations and responsibilities when

they are concerned that children and young people are at risk of, or are being, neglected or abused, including:

• an overview of the main legal compliance issues they need to be familiar with,

• the responsibilities when they suspect neglect or abuse, or risk of neglect or abuse,

• what action to take when the behaviour of families, carers or staff gives rise to concerns,

• links to relevant supporting documents and external resources. Who the policy applies to

Existing ADHC funded providers and new disability support providers who provide services to children and young people

URL http://www.adhc.nsw.gov.au/__data/assets/file/0019/232732/ADHC_Child_Protection_Guidelines.pdf

Legislation Child Protection (Working with Children) Act 2012 (NSW) Brief description Aims to protect children by:

• Not permitting certain persons to engage in child-related work, • Requiring persons engaged in child-related work to have working with children

check clearances. Who the legislation applies to


URL http://www.austlii.edu.au/au/legis/nsw/consol_act/cpwca2012388/s3.html Policy Working with Children Check Brief description Sole traders and individual employers must verify their Working With Children

Check as part of the NDIA registration process, where they are providing child related supports.


Sole traders and individual employers

URL Employer's Guide

Legislation Ombudsman Act 1974 (NSW) - Part 3A Employment-related child protection

http://www.legislation.nsw.gov.au/%23/view/act/1998/157/whole

http://www.adhc.nsw.gov.au/__data/assets/file/0019/232732/ADHC_Child_Protection_Guidelines.pdf

http://www.adhc.nsw.gov.au/__data/assets/file/0019/232732/ADHC_Child_Protection_Guidelines.pdf

http://www.austlii.edu.au/au/legis/nsw/consol_act/cpwca2012388/s3.html

http://www.kidsguardian.nsw.gov.au/ArticleDocuments/183/Information_for_employers_Jan2015.pdf.aspx?Embed=Y


Brief description • Requires the NSW Ombudsman to keep under scrutiny the systems that government and certain non-government agencies in NSW have for preventing reportable conduct and handling reportable allegations and convictions involving their employees.

• ‘Designated agencies’ must notify the NSW Ombudsman of all reportable allegations and convictions that arise inside and outside the employee’s work.

• ‘Other public authorities’ are only required to notify reportable allegations or convictions that arise in the course of the employee’s work.

• ‘Reportable conduct’ includes sexual offences, misconduct, assault, ill-treatment, neglect and behaviour that cause psychological harm to children.


Existing ADHC funded providers and new disability support providers who provide child care centres and substitute residential care to children and young people

URL http://www.ombo.nsw.gov.au/what-we-do/our-work/employment-related-child-protection Guidelines Child Wellbeing and Child Protection - NSW Interagency Guidelines Brief description • Provides information and guidance to all agencies involved in the delivery of

child wellbeing and child protections services in NSW. • One of the Keep Them Safe mechanisms that support collaborative practice. • Outlines legislation governing child protection and child wellbeing services in

NSW, roles and responsibilities, guidance to child protection reporting and response, prevention and early intervention strategies, guidance to court processes, case management and information exchange.



URL http://www.community.nsw.gov.au/kts Policy Out of Home Care Brief description Guides the provision of placements for children and young people with a

disability, by: • Defining the types of out-of-home care placements and supports that are

available to children (aged 0-15 years) and young people (aged 16-17 years) with a disability,

• Detailing best practice principles to guide the provision of out-of-home care placements,

• Providing practice guidelines for the establishment and provision of out-of-home care placements.


Existing ADHC funded providers and relevant new disability support providers who provide:

• Statutory and supported out-of-home care placements • Long-term voluntary out-of-home care placements • Unplanned, crisis placements

URL http://www.adhc.nsw.gov.au/publications/policies/policies_a-z Policy Voluntary Out of Home Care Brief description NDIS registered providers operating in NSW who wish to provide VOOHC must

register their details with the OCG, and complete the VOOHC Registration and Self-Certification Checklist.


Existing ADHC funded providers and relevant new disability support providers who provide voluntary out of home care, including overnight centre-based respite, host family care, residential placements and camps that provide respite or address challenging behaviour

URL VOOHC Registration, Self-Certification and Monitoring Guide VOOHC Statutory Procedures VOOHC Register Manual

http://www.ombo.nsw.gov.au/what-we-do/our-work/employment-related-child-protection

http://www.community.nsw.gov.au/kts


http://www.kidsguardian.nsw.gov.au/ArticleDocuments/480/VOOHCregistrationSelfCertMonitoringGuide.pdf.aspx?Embed=Y

http://www.kidsguardian.nsw.gov.au/ArticleDocuments/478/2011-06-01VOOHCprocedures2011.pdf.aspx?Embed=Y

http://www.kidsguardian.nsw.gov.au/ArticleDocuments/477/VOOHCRegisterManualJan2015.pptx.aspx


Health Policy Health and Wellbeing Brief Description The Health and Wellbeing Policy embodies the principles of legal and human

rights found in the NSW DSS and the commitment to deliver culturally responsive services to Aboriginal people under the Aboriginal Policy Statement. The Policy defines how people with disability and their families exercise their rights and entitlements, under the Standards and Statement, to make informed decisions about health services, including health promotion opportunities, treatments, therapy and rehabilitation.


Existing ADHC operated and funded accommodation support services. ADHC funded non-government accommodation support services may adopt the procedures, or develop their own.

URL http://www.adhc.nsw.gov.au/publications/policies/policies_a-z Policy Health Planning Procedures Brief Description The Health Planning Procedures describe how the person, and support workers,

plan, document, implement and review the person’s health and wellbeing needs in consultation with health professionals, and the person responsible or guardian.

Who the Procedures Applies To

The procedures are a requirement for ADHC operated accommodation support services to follow when they are applying the Guiding Principles of the Health and Wellbeing Policy. ADHC funded non-government accommodation support services may adopt the procedures, or develop their own.


Mental Health Policy Accommodation Support Policy Brief description All NDIA registered providers of NDIS supports to mental health consumers must

comply with any applicable policy and guideline as advised by the relevant NSW Local Health District Mental Health Service. This includes ensuring that NDIS supports are provided in a way that supports the recovery of mental health consumers. The recovery model assumes that people with complex support mental health conditions have the capacity to improve and obtain a life that is not defined by their illness. NDIA registered providers will work with mental health services, mainstream and specialist services and the local community to ensure that supports are provided in an integrated and coordinated way.


Relevant NSW Local Health District Mental Health Service to advise existing ADHC funded providers and new disability support providers.

Accommodation Policy Accommodation Support Policy Brief description Sets out service principles for the provision of person-centred accommodation

support to people with disability, based on their disability support needs and preferences








Fire Safety Policy Fire Safety Brief description Services are responsible for ensuring:

• The environment in which services are provided is safe and hazards are minimised,

• All employees are familiar with all fire emergency equipment and facilities in the workplace and participate in regular fire safety programs,

• Emergency management and evacuation plan and procedures are in place taking into account the support needs of people with disability,

• Engagement occurs with the local community in developing fire safety procedures.



URL http://www.adhc.nsw.gov.au/__data/assets/file/0015/251232/Fire_safety_fact_sheet_Dec2013.pdf

Supporting People Policy Lifestyle Planning Brief Description This policy sets out guiding person centred principles to lifestyle planning with

people who use ADHC operated and funded accommodation support services. These principles demonstrate a commitment to putting people with disability, their families and carers at the centre of decision making about how the specialist disability system supports them.


The policy’s guiding principles are the basic mandatory requirements for ADHC operated and funded accommodation support services when planning with the people they support.

URL http://www.adhc.nsw.gov.au/publications/policies/policies_a-z Policy Decision Making and Consent

Brief Description The Decision Making and Consent Policy affirms the rights of people to make decisions that affect them and to receive support when they want it to make decisions. A set of Guiding Principles provides a framework for decision making in the context of capacity and consent.


ADHC operated disability support services must follow the Guidelines when applying the Principles of the Policy. ADHC funded non-government disability support services may adopt the Guidelines, or develop their own.

URL http://www.adhc.nsw.gov.au/publications/policies/policies_a-z Policy Wills and Estates Policy and Procedures Brief description • Supports people with a disability to participate in decisions about their

finances and property and the disbursement of these through a Will. • A Will should be reviewed every five years or whenever a person’s

circumstances change. • Providers must maintain procedures to develop and review wills and distribute

estates. Who the policy applies to

Existing ADHC funded providers (As guidance only for new disability support providers)


http://www.adhc.nsw.gov.au/__data/assets/file/0015/251232/Fire_safety_fact_sheet_Dec2013.pdf

http://www.adhc.nsw.gov.au/__data/assets/file/0015/251232/Fire_safety_fact_sheet_Dec2013.pdf





Policy Abuse and Neglect Brief Description The Abuse and Neglect Policy provides information and guiding principles to

support paid and unpaid workers of ADHC operated and funded non-government disability support services, with the means to prevent, identify and respond to abuse and neglect when it occurs or is suspected. This policy should be read in conjunction with the Abuse and Neglect Procedures and Prevention Guidelines, which have been developed to support a structured, consistent and transparent approach to safeguarding people from abuse and neglect.


The policy, procedures and prevention guidelines provide paid and unpaid workers of ADHC operated and funded non-government disability support services with the means to identify abuse and neglect, and to respond quickly and appropriately to allegations of abuse and neglect.


Policy Risk and Safety Brief Description The Risk and Safety Policy provides a set of guiding principles for supporting

people to make decisions that involve some risk to them. These principles provide the framework for the identification, assessment and management of risk in a person centred environment. The Policy is supported by the Risk and Safety Procedures, Guidelines, Tools and Templates and Other Resources.


The policy is mandatory in ADHC operated and funded non-government disability support services.

URL http://www.adhc.nsw.gov.au/publications/policies/policies_a-z Policy Behaviour Support Policy Brief description Outlines minimum requirements in providing a behaviour support service to

adults, children or young people with an intellectual disability




Policy Behaviour Support: Policy and Practice Manual 2009 Brief description • Provides guidelines to safeguard the rights of the individual service user and

promotes the use of person-centred positive behaviour support practices. • Provides a contemporary, practical resource for the development of high

quality and consistent support and intervention practices that adhere to relevant departmental policy and procedures and legislative standards.









Guidelines Restricted Practices Authorisation Mechanism Operation Guide Brief description • Provides guidance on the operational aspects of an effective Restricted

Practice Authorisation (RPA) mechanism. • Promotes consistency in the operation of RPA procedures within ADHC and

across the funded sector. Who the guidelines apply to


URL https://ngorpap.files.wordpress.com/2011/07/rpa-mechanism-operational-guide-osp.pdf Legislation Community Services (Complaints, Reviews and Monitoring) Act 1993 (NSW)

Brief description • NDIS participants can make complaints about service providers to the NSW Ombudsman

• The NSW Ombudsman can monitor and review services provided to NDIS participants

• Official Community Visitors can visit NDIS participants living in an accommodation service if in full-time care of a service provider

• The NSW Ombudsman can review the death of a NDIS participant living in residential care provided by a NDIS service provider



URL http://www.austlii.edu.au/au/legis/nsw/consol_act/csrama1993583/

https://ngorpap.files.wordpress.com/2011/07/rpa-mechanism-operational-guide-osp.pdf

http://www.austlii.edu.au/au/legis/nsw/consol_act/csrama1993583/

ndis.gov.au Provider Toolkit Module 4

Appendix 2: Disability Supports Part A

NDIS REGISTRATION GROUP RELATED DISABILITY SUPPORTS

FUNDED UNDER THE NSW DISABILITY INCLUSION ACT 20142

QUALITY ASSURANCE REQUIREMENTS

Household tasks enable the participant to maintain their home environment e.g.

• Delivered meals • House and / or yard maintenance • House cleaning

In-home accommodation support • Meals • Other food services • Domestic assistance • Home maintenance • Linen service

• Comply with the NDIS Rules – Rules for registered providers of supports and Agency’s Terms of Business.

Therapeutic supports includes: • Individual and group multidisciplinary

interventions for participants aged 7-65

• Individual therapy (OT, Physio, Psychology, Social Work, Speech and Language pathology) Group therapy(OT, Physio, Psychology, Social Work, Speech and Language pathology)

• Podiatry, dietetics • Therapeutic program delivered by

Therapy assistant • Individual/group family focused

information and training • Counselling for an individual or as

part of a group

Therapy support for individuals: Allied health care, including Counselling. Counselling provides clients and carers with assistance to understand and manage situations, behaviours and relationships associated with their need for care.


• Meet the relevant professional requirements under the National Registration and Accreditation Scheme (National Scheme) for registered health practitioners.

• Meet the eligibility requirements for membership of the relevant Australian professional association, e.g. Association of Social Workers (AASW).

ndis.gov.au Provider Toolkit Module 4 79

NDIS REGISTRATION GROUP RELATED DISABILITY SUPPORTS FUNDED UNDER THE NSW DISABILITY INCLUSION ACT 20142


Home modifications Home modifications • Comply with the NDIS Rules – Rules for registered providers of supports and Agency’s Terms of Business.

• Meet relevant industry requirements where applicable.

Vehicle modifications Provision of goods and equipment • Comply with the NDIS Rules – Rules for registered providers of supports and Agency’s Terms of Business.


Assistive technology and equipment (multiple registration groups)

Provision of goods and equipment • Comply with the NDIS Rules – Rules for registered providers of supports and Agency’s Terms of Business.


Management of funding for supports in participant plans (Plan management):

• Financial and service intermediary activities

• Financial intermediary activities.

Plan management • Comply with the NDIS Rules – Rules for registered providers of supports and Agency’s Terms of Business.

• Satisfy NDIS registration requirements including an assessment of qualifications, approvals, experience and capacity

Specialised driver training This includes training in driving, using adapted equipment or vehicle modification.

Learning and life skills development • Comply with the NDIS Rules – Rules for registered providers of supports and Agency’s Terms of Business.

• Satisfy NDIS registration requirements including an assessment of qualifications, approvals, experience and capacity





Exercise physiology and personal training (Ex Phys Pers Training)

Physical wellbeing activities to promote and encourage physical well-being, and exercise.

Other community support • Comply with the NDIS Rules – Rules for registered providers of supports and Agency’s Terms of Business.

• Meet the relevant professional requirements

Interpreting and translation (Interpret/translate) Interpreting and translation focuses on assistance to the participant to enable independent communication in essential personal, social or community activities where translation is not available from a mainstream service.

Alternative formats of communication • Comply with the NDIS Rules – Rules for registered providers of supports and Agency’s Terms of Business.

• Meet the relevant professional requirements under the NAATI national Registration and Accreditation Scheme

Accommodation/Tenancy assistance (Accommodation/tenancy)

Transitional support payments only

Case management, local coordination and development

Comply with the NDIS Rules – Rules for registered providers of supports and Agency’s Terms of Business.

1 NDIS registration Groups – October 2016 2 Current designated disability services funded under the Disability Inclusion Act 2014 and related alignment to NDIS Registration groups – October 2016.


Appendix 2: Disability Supports Part B

NDIS REGISTRATION GROUP RELATED DISABILITY SUPPORTS

FUNDED UNDER THE NSW DISABILITY INCLUSION ACT 20142


Assistance with daily life tasks in a group or shared living arrangement (Daily tasks/shared living)

Supported accommodation: • Large Residences • Group homes • Emergency accommodation support

Accommodation support for young people with disability to transition from the parental responsibility of the Minister for Community Services and to live as independently as possible.

• Accommodation support for young people with intellectual disability who have exited a correctional facility and appropriate community integration along with pre and post release clinical case management services.

• Alternative family placement – out-of-home care for children with disability

• Flexible respite • Overnight respite • HACC respite


• Undertake third party verification to confirm organisational performance against the NSW Disability Service Standards or relevant comparable standards such as National Standards for Disability Services (2013), Home Care Standards, Attendant Care Industry Standards, Victorian Department of Human Services Standards and Queensland Human Services Quality Framework;

• Meet all relevant legislation, operational policies and guidelines outlined at Appendix 1.




Assistance with daily personal Activities (Assist-personal Activities) and High intensity daily personal activities (Assist personal activities high) include:

• Assistance from a live-in carer • Specialised home based assistance

for a child • Personal care.

Intensive personal care: • Attendant care, including low level

assistance with hygiene and grooming

• High complex needs


• Delivering supports to people in a group or shared living arrangement requires a level of expertise and experience on the part of the provider. For this reason, during transition, providers can only deliver this registration group if they:

o Are an existing provider of accommodation supports

o Provide a similar service in another jurisdiction or sector and attain independent TPV specifically covering this type of support.

(see following page) Assistance with daily personal

Activities (Assist-personal Activities) and High intensity daily personal activities (Assist personal activities high) continued.

• Undertake third party verification to confirm organisational performance against the NSW Disability Service Standards or relevant comparable standards such as National Standards for Disability Services(2013), Home Care Standards, Attendant Care Industry Standards, Victorian Department of Human Services Standards and Queensland Human Services Quality Framework;





Specialised behaviour support (Behaviour support):

• Interventions including development of positive behaviour support plans

• Training for carers and others in behaviour management strategies.

Behaviour/specialist intervention


• Undertake third party verification to confirm organisational performance against the NSW Disability Service Standards or relevant comparable standards such as National Standards for Disability Services (2013), Home Care Standards, Attendant Care Industry Standards, Victorian Department of Human Services Standards and Queensland Human Services Quality Framework.


Providers must also attest that they meet: Element 1 OR Element 2, AND Elements 3, 4, and 5. Providers must have relevant qualifications (of either): (see following page)




Specialised behaviour support (Behaviour support) continued.

• Element 1: Psychologist, OT, Speech Pathology, Nursing (with relevant experience), Social or Health Sciences

OR • Element 2: Completed (within past 5 years) or

currently completing the Positive Approach to Behaviour Support Core Standard including Appraisal process (FACS); or nationally recognised competency CHCDIS006 – Develop and promote positive person-centred behaviour supports

AND • Element 3: Two years demonstrated experience in

the delivery of positive behaviour support that includes:

o Data analysis; o Completion of Behaviour Assessments; o Development of Behaviour Support

Plans; o Development and delivery of training in

Behaviour Support Plans; o Monitoring and Review of Behaviour

Support Plans. o Evaluation of Behaviour Support Plan

effectiveness. (see following page)




Specialised behaviour support (Behaviour support) continued.

AND

• Element 4: Providers must attest they will receive during the course of their registration work practice support/supervision from a Behaviour Support Practitioner who has a minimum of five years experience in the delivery of Behaviour support that includes:

o Data analysis; o Completion of Behaviour Assessments; o Development of Behaviour Support Plans; o Development and delivery of training in

Behaviour Support Plans; o Monitoring and Review of Behaviour

Support Plans; o Evaluation of Behaviour Support Plan

effectiveness. AND

Element 5: Third Party Verification with specific emphasis on compliance with the NSW Behaviour Support Policy.




Early intervention supports for early childhood (Early childhood supports)

Early childhood intervention: • Early childhood special education

(centre-based, mainstream and in-home);

• Therapy services • Information and referral; and

coordination of early childhood intervention services with other specialist and mainstream services in the local area


• Undertake third party verification to confirm organisational performance against the NSW Disability Service Standards or relevant comparable standards such as National Standards for Disability Services (2013), Home Care Standards, Attendant Care Industry Standards, Victorian Department of Human Services Standards and Queensland Human Services Quality Framework;


Note (and see following page): Sole allied health practitioners and independent allied health practitioners in a small allied health consortia (up to 4 practitioners) are required to comply with all relevant aspects of the NSW Transitional Quality Assurance and Safeguarding Framework in their clinical practice. However, they may be exempted from the requirement to obtain Third Party Verification (TPV) when registering for only ‘Early Intervention supports for early childhood’ (‘Early Childhood Supports’ in myplace portal). To be eligible for the exemption, Allied Health professionals must:

• Hold a relevant allied health qualification to

Family support places and early interventions:

• Enable inclusion of children and young people with disability and their families in mainstream services and in community life

• Support the development of children and young people’s skills and their capacities

• Build the resilience and capacities of families caring for a child who has a disability.




Early intervention supports for early childhood (Early childhood supports) continued

practice in NSW; • A minimum of 2 years practice experience

in the provision of therapeutic support to children aged 0-6 years;

• Hold a relevant professional registration or professional association membership required to practice in NSW.

Participation in community, social and civic activities (Participate community) and Group and centre based activities (Group/Centre Activities)

• Group based activities in a centre • Group based community activities • Community and social activities

• Centre-based day programs • Recreation/holiday programs • Social support


• Undertake third party verification to confirm organisational performance against the NSW Disability Service Standards or comparable standards such as National Standards for Disability Services (2013), Home Care Standards, Attendant Care Industry Standards, Victorian Department of Human Services Standards and Queensland Human Services Quality Framework.





Assistance in coordinating or managing life stages, transitions and supports (Assist-Life Stage, Transition) :

• Assistance to strengthen participant’s abilities to coordinate supports and participate in the community. This includes resolving points of crisis, developing capacity and resilience in a participant's network and coordinating supports from a range of sources.

• Assistance to strengthen a higher needs participant’s ability to coordinate their supports and participate in the community. This may include resolving points of crisis, and developing resilience in the participant's network.

•

Case management, local coordination and development







Specialised Support Coordination (Support Coordination) Time limited support coordination, within specialist framework necessitated by high risks in participant's situation, to address barriers and reduce complexity in environment, assisting to connect with supports, build capacity and resilience.

Client Care Coordination Case Management







Development of daily living and life Skills (Development-life skills): Focuses on training and development activities undertaken by the participant or their carer to increase their ability to live as autonomously as possible. Includes:

• Skills development in a group • Individual life and personal skills

development • Individual social /living skills

development • Training for carers/parents • Training in planning and plan

management • Skills to increase independence in

community, social and recreational participation

• Development of skills in household tasks

• Public transport training and support • Social skills training • Training in planning and

management; numeracy, literacy, money/financial management training and skills development

Learning and Life Skills development: • Ongoing support







Assistance to access and maintain Employment (Assist Access/Maintain Employ); Specialised Supported Employment (Spec Support Employ) Workplace assistance enables a Participant to successfully obtain and/or retain employment in the open or supported labour market. Includes:

• Employment related assessment and counselling

• Assistance in specialised supported employment

• Preparation and support individually or in a group.

Transition to Work • Comply with the NDIS Rules – Rules for registered providers of supports and Agency’s Terms of Business.



1 NDIS registration groups – October 2016

2 Current designated disability services funded under the Disability Inclusion Act 2014 and related alignment to NDIS registration groups– August 2016. Note: Not all ADHC funded disability supports listed may be provided in all areas across NSW.

ndis.gov.au Provider Toolkit Module 4

4.9.7 Requirements for new specialist disability providers in Northern Territory

Quality and Safeguards Working Arrangements for transition in the Northern Territory are currently under development between the Northern Territory Government, Commonwealth and NDIA. To ensure providers in the Northern Territory are able to register to provide NDIS services as these Working Arrangements are finalised, the NT Government and NDIA have agreed to the below process for the registration of providers in the NT. Further details will be included here as they are finalised.

4.9.5.4 Existing NT Funded Providers, New providers and existing NDIS providers expanding services

All providers requesting to be registered with the National Disability Insurance Agency in the Northern Territory to deliver the Registration Groups listed below will be required to demonstrate their compliance with the NT Quality and Safeguarding Framework (the Framework) by participating in an assessment process, which includes self-assessment and onsite review. The Framework assessment process provides a method for the registration of providers to deliver National Disability Insurance Scheme supports in the Northern Territory. Further information for existing NT Funded Providers can be found by contacting [email protected].

In the first instance, all providers should initiate their registration through the NDIA myplace portal. Further information on how to begin this process can be found in the Provider Toolkit.

Providers are required to submit evidence they have met the requirements of the NT Framework in the form of a letter issued by the NT Government for the Registration Groups listed below:

Assist-Life Stage, Transition Daily Personal Activities Daily Tasks/Shared Living Development – Life Skills Early Childhood Supports Group and Centre Based Activities High Intensity Daily Personal Activities Participate Community Community Nursing Care Customised Prosthetics Exercise Physiology and Personal Training Specialised Support Coordination Therapeutic Supports Assist Access/Maintain Employment or Higher Education Plan Management Specialised Positive Behaviour Support (Behaviour Support) Assistive Products – Personal Care/Safety (streamlined framework assessment

processes) Assistive Equipment – Recreation (streamlined framework assessment processes) Assistive Products – Household Task (streamlined framework assessment processes)


https://www.ndis.gov.au/providers/provider-toolkit.html


Home Modification (streamlined framework assessment processes) Household Tasks (streamlined framework assessment processes) Personal Mobility Equipment (streamlined framework assessment processes) Assist Travel/Transport (streamlined framework assessment processes)

When providers register for the registration groups listed above, they will receive a ‘pending state/territory approval’ letter. Providers must initiate their NT approval by contacting [email protected] with a copy of this letter. Please see below process diagram for further details. All providers will be required to undertake a self-assessment and independent assessment process against the Framework.

The Northern Territory Government will consider the outcome of the assessment process and make a determination if the provider meets the Framework requirements. The Northern Territory Government will exercise a degree of flexibility regarding assessment – acknowledging the capacity building focus of the Framework. Based on the outcome of the assessment, the Northern Territory Government will issue a letter to the provider on the outcome of the assessment with recommendation on whether the provider should be registered to deliver NDIS services in the NT.

The Northern Territory Government may determine that its recommendation for the provider to the registered with the NDIA is dependent on the provider satisfying conditions, including adherence to a Quality Improvement Plan.

4.9.5.5 Existing Commonwealth Funded Providers

Existing Commonwealth Funded providers who register with the NDIA for services they are currently providing (‘like’ services) can submit a copy of their current Commonwealth program funding agreement as evidence of compliance with Commonwealth Quality and Safeguards requirements for those supports. Commonwealth funded providers who wish to expand their services will be treated as a new provider for those supports, and will need to meet the requirements of the NT Framework.

