The NDIS can bring major benefits for people living with mental health conditions who experience psychosocial disabilityPsychosocial disability is not about a diagnosis, it refers to the social and economic consequences related to living with a mental health condition. It is a recognised term used to describe the challenges, or limits, a person experiences in life that are related to their mental health condition. Not everyone living with a mental health condition has a psychosocial disability. More, as well as their families and the broader community. However, it also presents some potential risks of harm to the participantIn the context of the NDIS, a participant refers to a person with disability who has received an NDIS package as they have met the eligibility requirements. More in rare cases.
The Quality and Safeguarding Framework (the Framework) ensures that the NDIS system works effectively, that the rights of people with disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More are protected and that NDIS does bring people benefits. Choice and controlChoice and control refers to a person deciding what will enable them to live a fulfilling life. In the context of the NDIS, this may include deciding what supports and services they may need and want to assist them. More of services means that participants can make decisions about the level of risk they are prepared to take and have access to the resources and information they need to reach an informed view about the quality and suitability of providers.
There are a number of safeguards in place to make sure that people are not at risk of harm, abuse, neglect or exploitation. In the NDIS, this means that registered service providers must meet quality standards set by the NDIS Quality and Safeguards Commission. These standards promote the safety of people with disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More, their families and carers, and their staff, in the provision of NDIS funded services.
The NDIS Quality and Safeguards Commission brings together quality and safeguards functions under a single agency for the first time, with a range of education and regulatory powers that apply across Australia. The aim is to improve consistency in regulation and registration for providers in different states and territories.
Quality and safeguarding arrangements ensure the rights of people with disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More are respected and:
The NSW Government remains responsible for safeguarding people living with disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More in other circumstances, including in home or community settings and in services funded by or under the control of NSW Government.
The NSW Ombudsman has a role in overseeing the quality and safeguards of people living with disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More. The NSW Ombudsman watches over most public sector and some private sector agencies in NSW. Their role is to make sure these agencies and their staff do their jobs properly and meet their responsibilities to the community.
Since 1 July 2018, the NDIS Quality and Safeguards Commission has heard complaints about registered and unregistered NDIS providers. Any person who wishes to make a complaint or raise concerns about an NDIS providerIn the context of the NDIS, a provider is someone who provides products or services to assist NDIS participants to achieve the goals outlined in their plan. If you do not self-manage any of your NDIS funding, as an NDIS participant you are required to use providers who are registered with the NDIS Quality and Safeguards Commission. All registered NDIS providers; must implement and comply with appropriate WHS and quality management systems, that meet NDIS practice standard requirements, the NDIS rules, and are relevant to the NDIS supports delivered. In the context of mental health and psychosocial services, a provider may be any service that provide clinical care and treatment or psychosocial rehabilitation and support services including, but not limited to housing, employment, education and training as well as information and advocacy services. More should contact the NDIS Quality and Safeguards Commission.
Where people contact the Ombudsman to make a complaint about an NDIS providerIn the context of the NDIS, a provider is someone who provides products or services to assist NDIS participants to achieve the goals outlined in their plan. If you do not self-manage any of your NDIS funding, as an NDIS participant you are required to use providers who are registered with the NDIS Quality and Safeguards Commission. All registered NDIS providers; must implement and comply with appropriate WHS and quality management systems, that meet NDIS practice standard requirements, the NDIS rules, and are relevant to the NDIS supports delivered. In the context of mental health and psychosocial services, a provider may be any service that provide clinical care and treatment or psychosocial rehabilitation and support services including, but not limited to housing, employment, education and training as well as information and advocacy services. More, the Ombudsman will provide the relevant contact details for the NDIS Commission.
Where appropriate, the NSW Ombudsman will offer assistance to a complainant to the NDIS Commission, such as through making a ‘warm referral’ (where they provide the key details to the Commission on the complainant’s behalf, with their consentAgreeing to medical treatment is called ‘consent’. A provider of health care must take reasonable steps to make sure that a patient is able to give informed consent to treatment. This means you must be able to understand key aspects of any treatment suggested before asked whether you agree to the treatment. Key aspects include, for example, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More).
Most NDIS providers aim to provide quality supports and services to people living with disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More. However, problems and incidents of poor practice, abuse and harm can happen. People with disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More have the right to complain about the services they receive, and complaints can play a vital role in strengthening and improving the quality of NDIS supports and services.
This section will provide information about:
The NDIS Quality and Safeguards Commission (NDIS Commission) is an independent agency which works to uphold the rights of people with disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More. Participants can raise concerns or complaints about the safety and quality of NDIS services with the NDIS Commission.
The functions of the Commission are to:
Participants in the NDIS who are self-managing their packages may be selecting services that are not registered by the NDIS. In such circumstances, they will be engaging with services and workers on the same basis as any other market contract and be subject to the risks of any commercial arrangement. To read more about this, click here.
To read more about the circumstances where a person self-manages their plan, click here.
The NDIS Commission has developed the NDIS Quality and Safeguarding Framework, which provides a nationally consistent approach while ensuring appropriate safeguards are in place. It also establishes expectations for providers and their staff to deliver high quality supports.
The aims of the NDIS Quality and Safeguarding Framework are to ensure that NDIS funded supports:
The Framework includes:
Registered NDIS providers in NSW must comply with many policies and standards. The Framework sets out all the requirements they must comply with, including:
The new incident management system described, under the NDIS Quality and Safeguarding Framework, requires that all incidents which result in harm, or have the potential to cause harm to a person with disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More while they are receiving supports or services must be recorded. Incidents which must be notified to the NDIS include the death, serious injury, sexual misconduct, abuse or neglect of a person with disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More, as well as the unauthorised use of restrictive practices.
These new arrangements do not replace existing obligations to report suspected crimes to the police and other relevant authorities.
Restrictive practiceA restrictive practice refers to any conduct that has the purpose or effect of limiting a person’s liberty and freedom of movement. It includes but is not limited to all forms of restraint. Except in cases of emergency where a person’s liberty must be reasonably restricted to prevent them or someone else experiencing serious harm, restrictive practices are generally unlawful in the absence of the person’s consent. More means any practice or intervention that has the effect of restricting the rights or freedom of movement of a person with disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More. Under the National DisabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More Insurance Scheme (Restrictive Practices and Behaviour Support) Rules 2018 certain restrictive practices are subject to regulation. These practices include seclusion, chemical restraintAny restriction on a person’s freedom of movement, which may be actioned through the use of physical force, mechanical devices, the use of chemicals, or other means. More, mechanical restraintAny restriction on a person’s freedom of movement, which may be actioned through the use of physical force, mechanical devices, the use of chemicals, or other means. More, physical restraintAny restriction on a person’s freedom of movement, which may be actioned through the use of physical force, mechanical devices, the use of chemicals, or other means. More and environmental restraintAny restriction on a person’s freedom of movement, which may be actioned through the use of physical force, mechanical devices, the use of chemicals, or other means. More
With the establishment of the NDIS Safeguards and Quality Commission in NSW NDIS registered service providers who use restrictive practices in the context of a Behaviour Support Plan must have a Restrictive Practices Authorisation. Anyone can complain about the use of restrictive practices if they feel the service has not kept within the terms of their authorisation.
A Behaviour Support is about creating individualised strategies for people with disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More that are responsive to the person’s needs, in a way that reduces the occurrence and impact of behaviours of concern and minimises the use of restrictive practices.
Every participantIn the context of the NDIS, a participant refers to a person with disability who has received an NDIS package as they have met the eligibility requirements. More is different and will make decisions about the services they wish to receive based on their particular priorities and preferences. In general most NDIS participants want providers that have:
When service providers are qualified, have good processes in place and have relevant expertise, this leads to fewer risks, better outcomes and helps the person living with disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More to engage socially and economically as much as possible.
Service providers can be registered or unregistered with the NDIS. To become registered, service providers must be assessed by an approved quality auditor. The auditor will check whether the providerIn the context of the NDIS, a provider is someone who provides products or services to assist NDIS participants to achieve the goals outlined in their plan. If you do not self-manage any of your NDIS funding, as an NDIS participant you are required to use providers who are registered with the NDIS Quality and Safeguards Commission. All registered NDIS providers; must implement and comply with appropriate WHS and quality management systems, that meet NDIS practice standard requirements, the NDIS rules, and are relevant to the NDIS supports delivered. In the context of mental health and psychosocial services, a provider may be any service that provide clinical care and treatment or psychosocial rehabilitation and support services including, but not limited to housing, employment, education and training as well as information and advocacy services. More meets the standards and requirements in the NDIS Practice Standards. The service providerIn the context of the NDIS, a provider is someone who provides products or services to assist NDIS participants to achieve the goals outlined in their plan. If you do not self-manage any of your NDIS funding, as an NDIS participant you are required to use providers who are registered with the NDIS Quality and Safeguards Commission. All registered NDIS providers; must implement and comply with appropriate WHS and quality management systems, that meet NDIS practice standard requirements, the NDIS rules, and are relevant to the NDIS supports delivered. In the context of mental health and psychosocial services, a provider may be any service that provide clinical care and treatment or psychosocial rehabilitation and support services including, but not limited to housing, employment, education and training as well as information and advocacy services. More must continue to comply with these standards to remain registered.
Workers who are employed by unregistered service providers can also apply for the NDIS Worker Screening Check if they are delivering or are planning to deliver NDIS supports and services.
Self-managing participants, unregistered NDIS providers and registered plan managers are strongly encouraged by the NDIS Quality and Safeguards Commission to use the NDIS worker screening process for workers they wish to engage with.
The NDIS (ProviderIn the context of the NDIS, a provider is someone who provides products or services to assist NDIS participants to achieve the goals outlined in their plan. If you do not self-manage any of your NDIS funding, as an NDIS participant you are required to use providers who are registered with the NDIS Quality and Safeguards Commission. All registered NDIS providers; must implement and comply with appropriate WHS and quality management systems, that meet NDIS practice standard requirements, the NDIS rules, and are relevant to the NDIS supports delivered. In the context of mental health and psychosocial services, a provider may be any service that provide clinical care and treatment or psychosocial rehabilitation and support services including, but not limited to housing, employment, education and training as well as information and advocacy services. More Registration and Practice Standards) Rules 2018 outlines the standards relating to the rights of participants and the responsibilities of providers. It states that:
The NDIS (ProviderIn the context of the NDIS, a provider is someone who provides products or services to assist NDIS participants to achieve the goals outlined in their plan. If you do not self-manage any of your NDIS funding, as an NDIS participant you are required to use providers who are registered with the NDIS Quality and Safeguards Commission. All registered NDIS providers; must implement and comply with appropriate WHS and quality management systems, that meet NDIS practice standard requirements, the NDIS rules, and are relevant to the NDIS supports delivered. In the context of mental health and psychosocial services, a provider may be any service that provide clinical care and treatment or psychosocial rehabilitation and support services including, but not limited to housing, employment, education and training as well as information and advocacy services. More Registration and Practice Standards) Rules 2018 additionally ensures that:
Registered providers must notify the NDIA if they are in breach of any Commonwealth, State or Territory law, including any Commonwealth, State or Territory disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More service standards. Registered providers must also notify the NDIA if they become subject to any investigation for breach of a Commonwealth, State or Territory law and/or quality and safeguard arrangements.
When you pay for a product or service, as an NDIS participantIn the context of the NDIS, a participant refers to a person with disability who has received an NDIS package as they have met the eligibility requirements. More you have rights to a good service under the Australian ConsumerIn this manual, a consumer refers to a person with direct experience of a mental illness, and who has received, is receiving or is seeking mental health services from a mental health service provider. A consumer may be a patient in a mental health facility or unit and/or, is a client of a community mental health service (whether public or community managed) where they may be receiving mental health care and treatment and/or psychosocial support services. More Law. If you aren’t happy with the service you are receiving, you can contact the Australian ConsumerIn this manual, a consumer refers to a person with direct experience of a mental illness, and who has received, is receiving or is seeking mental health services from a mental health service provider. A consumer may be a patient in a mental health facility or unit and/or, is a client of a community mental health service (whether public or community managed) where they may be receiving mental health care and treatment and/or psychosocial support services. More Complaints Commission (ACCC).
Under Australian Consumer Law, your service providerIn the context of the NDIS, a provider is someone who provides products or services to assist NDIS participants to achieve the goals outlined in their plan. If you do not self-manage any of your NDIS funding, as an NDIS participant you are required to use providers who are registered with the NDIS Quality and Safeguards Commission. All registered NDIS providers; must implement and comply with appropriate WHS and quality management systems, that meet NDIS practice standard requirements, the NDIS rules, and are relevant to the NDIS supports delivered. In the context of mental health and psychosocial services, a provider may be any service that provide clinical care and treatment or psychosocial rehabilitation and support services including, but not limited to housing, employment, education and training as well as information and advocacy services. More is legally required to do the following:
To read about your rights and guarantees as a consumer, click here.
NSW Fair Trading provides community education to consumers, service providers and the disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More sector on awareness of consumerIn this manual, a consumer refers to a person with direct experience of a mental illness, and who has received, is receiving or is seeking mental health services from a mental health service provider. A consumer may be a patient in a mental health facility or unit and/or, is a client of a community mental health service (whether public or community managed) where they may be receiving mental health care and treatment and/or psychosocial support services. More rights and protections including scam awareness, entering contracts, hiring services and how to complain.
If you are unhappy with a product or service that you bought you can call NSW Fair Trading on Tel: 13 32 20
A service agreement with your providerIn the context of the NDIS, a provider is someone who provides products or services to assist NDIS participants to achieve the goals outlined in their plan. If you do not self-manage any of your NDIS funding, as an NDIS participant you are required to use providers who are registered with the NDIS Quality and Safeguards Commission. All registered NDIS providers; must implement and comply with appropriate WHS and quality management systems, that meet NDIS practice standard requirements, the NDIS rules, and are relevant to the NDIS supports delivered. In the context of mental health and psychosocial services, a provider may be any service that provide clinical care and treatment or psychosocial rehabilitation and support services including, but not limited to housing, employment, education and training as well as information and advocacy services. More can also ensure that standards of care are met, that the specific responsibilities of people who are party to the agreement are clearly outlined, and how you or your providerIn the context of the NDIS, a provider is someone who provides products or services to assist NDIS participants to achieve the goals outlined in their plan. If you do not self-manage any of your NDIS funding, as an NDIS participant you are required to use providers who are registered with the NDIS Quality and Safeguards Commission. All registered NDIS providers; must implement and comply with appropriate WHS and quality management systems, that meet NDIS practice standard requirements, the NDIS rules, and are relevant to the NDIS supports delivered. In the context of mental health and psychosocial services, a provider may be any service that provide clinical care and treatment or psychosocial rehabilitation and support services including, but not limited to housing, employment, education and training as well as information and advocacy services. More may change or end the service agreement is described.
All supports must be delivered in accordance with the service agreement created with the participantIn the context of the NDIS, a participant refers to a person with disability who has received an NDIS package as they have met the eligibility requirements. More, and the providerIn the context of the NDIS, a provider is someone who provides products or services to assist NDIS participants to achieve the goals outlined in their plan. If you do not self-manage any of your NDIS funding, as an NDIS participant you are required to use providers who are registered with the NDIS Quality and Safeguards Commission. All registered NDIS providers; must implement and comply with appropriate WHS and quality management systems, that meet NDIS practice standard requirements, the NDIS rules, and are relevant to the NDIS supports delivered. In the context of mental health and psychosocial services, a provider may be any service that provide clinical care and treatment or psychosocial rehabilitation and support services including, but not limited to housing, employment, education and training as well as information and advocacy services. More must ensure that the participantIn the context of the NDIS, a participant refers to a person with disability who has received an NDIS package as they have met the eligibility requirements. More is regularly provided with, or has access to details of services delivered, and the amount charged for those services. Service agreements must be consistent with the NDIS’s pricing arrangements, guidelines and tax laws. Service agreements must also include a time frame for the notice of termination of services by the providerIn the context of the NDIS, a provider is someone who provides products or services to assist NDIS participants to achieve the goals outlined in their plan. If you do not self-manage any of your NDIS funding, as an NDIS participant you are required to use providers who are registered with the NDIS Quality and Safeguards Commission. All registered NDIS providers; must implement and comply with appropriate WHS and quality management systems, that meet NDIS practice standard requirements, the NDIS rules, and are relevant to the NDIS supports delivered. In the context of mental health and psychosocial services, a provider may be any service that provide clinical care and treatment or psychosocial rehabilitation and support services including, but not limited to housing, employment, education and training as well as information and advocacy services. More. The minimum allowable notice period for this purpose must be no less than fourteen (14) days to ensure there is adequate time for the participantIn the context of the NDIS, a participant refers to a person with disability who has received an NDIS package as they have met the eligibility requirements. More, their nomineeIn the context of the NDIS, a nominee is a person who can make decisions for a person that is considered to lack capacity in decision-making processes and is not under a guardianship order. More, or the NDIA to find an alternative providerIn the context of the NDIS, a provider is someone who provides products or services to assist NDIS participants to achieve the goals outlined in their plan. If you do not self-manage any of your NDIS funding, as an NDIS participant you are required to use providers who are registered with the NDIS Quality and Safeguards Commission. All registered NDIS providers; must implement and comply with appropriate WHS and quality management systems, that meet NDIS practice standard requirements, the NDIS rules, and are relevant to the NDIS supports delivered. In the context of mental health and psychosocial services, a provider may be any service that provide clinical care and treatment or psychosocial rehabilitation and support services including, but not limited to housing, employment, education and training as well as information and advocacy services. More to deliver the required service.
Participants are entitled to terminate a service agreement based on personal preferences or circumstances.
To read more about service agreements, click here.
Registered providers must comply with the NDIS Price Guide or any other NDIA pricing arrangements and guidelines that are in force. Registered providers must confirm their prices to participants before delivering the selected service. Participants can change their minds and do not have to continue to engage with the services of the registered providerIn the context of the NDIS, a provider is someone who provides products or services to assist NDIS participants to achieve the goals outlined in their plan. If you do not self-manage any of your NDIS funding, as an NDIS participant you are required to use providers who are registered with the NDIS Quality and Safeguards Commission. All registered NDIS providers; must implement and comply with appropriate WHS and quality management systems, that meet NDIS practice standard requirements, the NDIS rules, and are relevant to the NDIS supports delivered. In the context of mental health and psychosocial services, a provider may be any service that provide clinical care and treatment or psychosocial rehabilitation and support services including, but not limited to housing, employment, education and training as well as information and advocacy services. More after their prices have been declared. Registered providers can only make a payment request (issue an invoice) once the service or support has been delivered or provided.
No other charges are to be added to the cost of the support, including credit card surcharges, or any other additional fees including late or cancellation fees. These requirements apply to all registered providers regardless of whether funding for the support is managed by the participantIn the context of the NDIS, a participant refers to a person with disability who has received an NDIS package as they have met the eligibility requirements. More, managed by a registered providerIn the context of the NDIS, a provider is someone who provides products or services to assist NDIS participants to achieve the goals outlined in their plan. If you do not self-manage any of your NDIS funding, as an NDIS participant you are required to use providers who are registered with the NDIS Quality and Safeguards Commission. All registered NDIS providers; must implement and comply with appropriate WHS and quality management systems, that meet NDIS practice standard requirements, the NDIS rules, and are relevant to the NDIS supports delivered. In the context of mental health and psychosocial services, a provider may be any service that provide clinical care and treatment or psychosocial rehabilitation and support services including, but not limited to housing, employment, education and training as well as information and advocacy services. More, or managed by the NDIA.
A registered providerIn the context of the NDIS, a provider is someone who provides products or services to assist NDIS participants to achieve the goals outlined in their plan. If you do not self-manage any of your NDIS funding, as an NDIS participant you are required to use providers who are registered with the NDIS Quality and Safeguards Commission. All registered NDIS providers; must implement and comply with appropriate WHS and quality management systems, that meet NDIS practice standard requirements, the NDIS rules, and are relevant to the NDIS supports delivered. In the context of mental health and psychosocial services, a provider may be any service that provide clinical care and treatment or psychosocial rehabilitation and support services including, but not limited to housing, employment, education and training as well as information and advocacy services. More must keep full and accurate accounts and financial records of the supports delivered to NDIS participants, along with records of service agreements, for a period of no less than 5 years. Record keeping must also comply with all relevant statutes, regulations, by-laws and requirements of any Commonwealth, State, Territory or Local Authority.
Everyone interacting with the NDIS has the right to provide feedback or make a complaint. You can provide feedback or submit a complaint in person at a local NDIA office, by calling the NDIA support line, in writing, or using the online form on the NDIA website.
The NDIA aims to acknowledge your complaint within a small number of business days after receiving the complaint, and have your complaint resolved within twenty-one (21) days of receiving the complaint in whatever format.
The NDIA will need to contact organisation providing the service you are complaining about and inform them of the details of the complaint and ask for their response to the issue. Communication will be an open process and you will be informed about all the stages of the complaint process, and responses until the complaint has been resolved.
If you are unsatisfied with the outcome of the complaint resolution, there is the option to ask for an NDIA supervisor or manager to review how the complaint was addressed and handled. If this result is still unsatisfactory, you can contact the Commonwealth Ombudsman regarding an issue with the NDIA.
If you are unhappy with NDIA’s actions you can call the Commonwealth Ombudsman on Tel: 1300 362 072
The Commonwealth Ombudsman is responsible for ensuring that that Australian Government organisations and some private sector organisations acts with integrity and treat people fairly.
If you have a complaint about a product or service, including those provided by an NDIS providerIn the context of the NDIS, a provider is someone who provides products or services to assist NDIS participants to achieve the goals outlined in their plan. If you do not self-manage any of your NDIS funding, as an NDIS participant you are required to use providers who are registered with the NDIS Quality and Safeguards Commission. All registered NDIS providers; must implement and comply with appropriate WHS and quality management systems, that meet NDIS practice standard requirements, the NDIS rules, and are relevant to the NDIS supports delivered. In the context of mental health and psychosocial services, a provider may be any service that provide clinical care and treatment or psychosocial rehabilitation and support services including, but not limited to housing, employment, education and training as well as information and advocacy services. More, you can lodge a complaint with NSW Fair Trading.
If you are not satisfied with the providerIn the context of the NDIS, a provider is someone who provides products or services to assist NDIS participants to achieve the goals outlined in their plan. If you do not self-manage any of your NDIS funding, as an NDIS participant you are required to use providers who are registered with the NDIS Quality and Safeguards Commission. All registered NDIS providers; must implement and comply with appropriate WHS and quality management systems, that meet NDIS practice standard requirements, the NDIS rules, and are relevant to the NDIS supports delivered. In the context of mental health and psychosocial services, a provider may be any service that provide clinical care and treatment or psychosocial rehabilitation and support services including, but not limited to housing, employment, education and training as well as information and advocacy services. More of my disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More supports you may want to read more about the NSW Ombudsman, click here.
They can also be contacted on Tel: 1800 451 524
This manual provides more information regarding complaints mechanisms for mainstreamIn the context of the mental health and the NDIS, mainstream services and programs are non-NDIS, government funded and/or delivered services that can be used by everyone. They include public health and mental health services, public transport, education, housing, justice, child protection and employment services. More mental health services; to read more click here.
The NDIS Commission can take complaints about:
Once you have lodged your complaint, the NDIS Commission will acknowledge the application and arrange a time to discuss the concerns raised with a NDIS Commission complaints resolution officer. The officer may:
Sometimes a complaint may be referred to conciliationConciliation is a process in which the parties to a dispute meet with an independent person called a conciliator. The conciliator helps to identify the issues in dispute, develop options, consider alternatives and tries to help parties to reach an agreement. The conciliator may give advice and guidance but will not make a decision for them. Conciliation is a type of alternative dispute resolution. More or investigation. A conciliationConciliation is a process in which the parties to a dispute meet with an independent person called a conciliator. The conciliator helps to identify the issues in dispute, develop options, consider alternatives and tries to help parties to reach an agreement. The conciliator may give advice and guidance but will not make a decision for them. Conciliation is a type of alternative dispute resolution. More meeting helps people to understand the issues and reach agreement on how a complaint can be resolved. An investigation may be conducted if the issues raised in the complaint involve serious concerns or risks to people living with disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More. If a complaint raises a serious compliance issue, the NDIS Commission has the power to take action.
You will be contacted before your plan comes to an end to discuss a mandatory review of your plan. The review can be conducted face-to-face or over the phone, depending on which you would prefer.
If you would like to read a summary fact sheet about reviews, click here.
The review of your first NDIS plan will generally take place twelve (12) months after your plan commenced. However, they can be scheduled at any time. A review may be scheduled up to two (2) years apart depending on your personal circumstances and goals.
Reviewing your plan is an opportunity to check that the supports and services you are receiving are helping you to achieve your goals and measure your progress. At your review you will discuss:
Plan reviews will typically be conducted by an NDIA planner or with a Local Area CoordinatorLocal Area Coordinators are organisations which are partners with the NDIA in local communities who work with people, their families and carers to access and manage the NDIS. LACs also help connect people to supports and services outside of the NDIS. More in your community.
To read more about reviewing your plan and goals, click here.
You can ask NDIA for an internal review of the following types of decisions if you are not happy with them:
You need to make a request within three (3) months of receiving the letter notifying you of the NDIA decision. Once you have submitted your request, the NDIA will decide to either uphold their original decision, overturn the decision, or change the decision. They will make the decision as soon as they have accessed everything necessary to review the decision.
To read more about an internal review, click here.
When requesting a review of your current NDIS funding, the NDIA will look at all your funded supports in the plan. This helps to make sure there are no gaps in the plan.
If you are not happy with the internal review, you can apply for a review by the Administrative Appeals Tribunal (AAT). This Tribunal is a separate organisation to the NDIA.
The Administrative Appeals Tribunal (AAT) conducts independent reviews of Commonwealth government decisions made under Commonwealth laws, for example, decisions made by Australian Government ministers, departments and agencies. The AAT can make legal decisions like a court but some of its processes are less formal than a court.
You can make an application to the AAT if you are not satisfied with a decision made by the NDIA in an internal review. The AAT cannot review a decision until after an internal review with the NDIA has been completed. You must make your application within twenty-eight (28) days of receiving the result of your internal review. In some circumstances, you can ask for a time extension.
The AAT website provides information about what kinds of decisions the AAT can review, how to apply, and how the review process works for decision related to the NDIS.
An AAT Contact Officer will contact you after receiving your application to discuss your complaint. In most cases, the AAT will then hold an informal meeting (called a ‘case conference’) with you to discuss ways to resolve your issue. If this meeting does not lead to a final outcome, the AAT will list the application for a conciliationConciliation is a process in which the parties to a dispute meet with an independent person called a conciliator. The conciliator helps to identify the issues in dispute, develop options, consider alternatives and tries to help parties to reach an agreement. The conciliator may give advice and guidance but will not make a decision for them. Conciliation is a type of alternative dispute resolution. More, which is where the AAT will work with you and the NDIA to help in reaching an agreement about how the issue can be settled. Many matters are resolved through this process.
If the case is yet to be resolved in this setting, the AAT will conduct a hearing to make a final decision. If you feel uncomfortable attending a conciliationConciliation is a process in which the parties to a dispute meet with an independent person called a conciliator. The conciliator helps to identify the issues in dispute, develop options, consider alternatives and tries to help parties to reach an agreement. The conciliator may give advice and guidance but will not make a decision for them. Conciliation is a type of alternative dispute resolution. More with the Agency and would like to quickly obtain a formal decision, you are able to ask for a fast-track hearing at the initial case conference.
If you would like support throughout the complaint and review process of NDIS decisions with the AAT, the Australian Government funds free services in every NDIS site to assist people. This is set up under NDIS Appeals, which allows people with disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More access to a skilled disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More advocateAn advocate is a person who will support someone and help them stand up for their rights, needs and wants. An advocate can also sometimes speak or write on the behalf of another person. A person’s family or friends can be their advocates, or their advocate may be a professional. An advocate may or may not be a lawyer. More who acts as a support person. The appointed advocates are from the National DisabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More Advocacy Program and they can assist individuals with explaining the review process, the preparation of documents/evidence, offering advice and capacityCapacity refers to a person’s ability to make his/her own decisions and give informed consent. These may be small decisions, such as what to do each day, or bigger decisions like where to live or whether to have a medical procedure. A person may lack capacity in some areas, but still be able to make other decisions. More building skills to help people better represent themselves, or attending the AAT meetings and hearing as a form of support.
The Intellectual DisabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More Rights Service (IDRS) can provide support to people with cognitive impairmentCognitive impairment is defined by the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) as an ongoing impairment in adaptive functioning and in comprehension, reasoning, judgement, learning or memory, which has resulted from damage or dysfunction to the brain or mind. Cognitive impairment may arise from intellectual disability, dementia, autism or foetal alcohol spectrum disorder. More to appeal decisions made by the National DisabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More Insurance Agency (NDIA) to be externally reviewed by the Administrative Appeals Tribunal (AAT).
They can be contacted by email: arc@idrs.org.au or by telephone at (02) 9265 6350.
Legal Aid NSW provides legal advice for clients with NDIS appeals in the AAT if you call (02) 9219 5790 between 9:00am – 5:00pm from Monday to Friday.
Legal Aid NSW also provides free representation in complex or new AAT matters, click here for more information. To find out whether you can have free legal representation in your case, call (02) 9219 5790 between 9:00am – 5:00pm from Monday to Friday.
Updated December 30, 2020
