What is NDIS Compliance?

NDIS Quality and Safeguards Commission

The NDIS Quality and Safeguards Commission is an independent agency. It began operating on 1 July 2018. By 1 July 2020, it will be operating in every state and territory in Australia. The Commission was established to improve the quality and safety of NDIS supports and services. It also oversees the regulation for NDIS providers, provides national consistency and resolves problems.

The NDIS Quality and Safeguards Framework (QSF)

Part of the NDIS Commission’s role is to administer the new NDIS Quality and Safeguards Framework. The Framework was established to:

a) provide a nationally consistent approach to help empower and support NDIS participants to exercise choice and control,

b) ensure appropriate safeguards are in place and

c) establish expectations for providers and their staff to deliver high quality supports.

The QSF’s sets conditions providers must comply with to become and remain registered with the NDIS. These are set out in the NDIS Practice Standards.

NDIS Practice Standards

The NDIS Practice Standards specify the quality standards registered providers must meet. Different Practice Standards apply to each organisation. The Commission advises which Standards apply during an application for registration or renewal. They also advise on whether providers need to undertake a Verification or Certification quality audit. This is based on the provider's registration groups(s) and legal type of organisation.

The core module applies to all providers. One or several Supplementary modules apply to providers in more complex registration groups. You can learn more about this in our Blog NDIS Registration Groups Explained . Depending on the Practice Standards that apply, organisations need to have specific policies and processes to pass their audit. Centro ASSIST offers policies and processes for core and supplementary modules. See our products for more information.

NDIS Code of Conduct

Another form of regulation NDIS providers must abide by is the NDIS Code of Conduct. This builds participants’ awareness of what quality service provision they should expect from registered NDIS providers. The NDIS Code of Conduct promotes safe and ethical service delivery by setting out expectations for the conduct of NDIS providers and workers. It also applies to unregistered providers and their employees.

Why is Compliance important?

Keeping participants safe

It should be clear that complying with the Practice Standards and Code of Conduct is important to keep participants safe! Abiding by the regulations will ensure participants receive quality services and supports and get the best outcomes possible.

Risks to your business

There are risks to your business if you fail to follow regulations. The NDIS Commission has 8 measures to address non-compliance.

Education and persuasion encourages providers to understand their obligations and improve their practice.
Investigations involve the Commission investigating complaints and reports of non-compliance.
A compliance notice directs to a provider to do (or refrain from) specified things where non-compliance occurs. Failure to comply may result in a civil penalty.
An enforceable undertaking is a written agreement committing the provider to an action. It provides an opportunity for improvement.
Injunctions intend to compel a provider to take action or refrain from a certain action.
Civil penalties are a financial penalty imposed by a court. Non-compliance with certain requirements of the NDIS Act result in civil penalties. There are maximum penalty units applicable to each requirement.
A variance or suspension of registration may occur when inappropriate conduct occurs.
Banning orders prohibit or restrict specified activities by a provider or employee.

Compliant businesses are more effective

If businesses are compliant from Day 1, they are more effective. They avoid time and money wasted from addressing the Commission’s measures for non-compliance. They reduce the likelihood of work needing to be redone down the track. These organisations can get on with building their business rather than addressing problems created by non-compliance.

How you should approach compliance

To find out how you should approach compliance, head to our page on the 4 levels of compliance.