Department of Communities, Disability Services and Seniors

NDIS quality and safeguard requirements for providers

NDIS quality and safeguard requirements apply to any organisation or person delivering services under the NDIS, and these are regulated by the NDIS Commission.

The NDIS Commission

The NDIS Quality and Safeguards Commission is the independent Commonwealth government agency providing a nationally consistent approach to quality and safeguards in NDIS services. Its role is to regulate the NDIS market, promote safety and quality services, resolve problems and identify areas for improvement.

This includes responsibility for provider registration, regulation and monitoring of providers and investigating complaints about the quality of services. Meeting quality and safeguard requirements is a condition of NDIS registration.

Requirements

Quality and safeguard requirements under the NDIS Commission include:

  • Compliance with the NDIS Code of Conduct, including an orientation module for workers
  • Meeting NDIS Practice Standards
  • Ensuring a complaints system is in place
  • Reporting certain types of incidents to the NDIS Commission, including incidents or allegations of abuse and neglect
  • Complying with requirements in relation to behaviour support plans and the use of restrictive practices.

Worker Screening

NDIS providers need to ensure that their workers and volunteers have appropriate criminal history screening. In Queensland to work with people with disability you require a Yellow Card and/or a Blue Card if you are working with children. NDIS providers need to understand their responsibilities and obligations in relation to NDIS worker screening, and the range of roles and jobs requiring screening.

Yellow Card

To obtain a Yellow Card workers and volunteers need to undergo a criminal history check and be issued a positive notice. NDIS providers are responsible for identifying roles and jobs for which workers and volunteers require screening, and for submitting Yellow Card applications on behalf of workers.

Yellow Card application forms are available. NDIS providers can engage paid employees to start work once an application has been submitted, however, appropriate safeguards should be in place.

Health practitioners registered under the Australian Health Practitioner Regulation Agency (AHPRA) do not require a Yellow Card. Some Blue Card holders may also be exempt from obtaining a Yellow Card, however, this will be determined on application for a Yellow Card.

Blue Card

People who work with children, on either a paid or voluntary basis, require a Working with Children Check (Blue Card).

National Worker Screening

The NDIS Commission is introducing a national worker screening check. Queensland will transition to this national process by mid-2020. Until then Queensland requires screening under the Yellow Card system.

Restrictive Practices

Complying with requirements in relation to behaviour support plans and the use of restrictive practices, is an important part of maintaining strong quality and safeguard practices. While the NDIS Commission has oversight of behaviour support requirements to reduce restrictive practices, Queensland Government is responsible for the approval to use restrictive practices in the first instance.

Scope and type of restrictive practices in Queensland

Restrictive Practices in Queensland include containment and seclusion, physical or mechanical restraint, chemical restraint and restricting access to objects. Queensland's restrictive practices requirements apply to people over the age of 18 with an intellectual or cognitive disability receiving NDIS services. For information about other practices and requirements for people under 18 go to NDIS Providers.

To identify if you are using a restrictive practice requiring approval, use the restrictive practice identification tool (PDF, 693 KB).

Short-term Approvals

Any use of a restrictive practice requires a Short-term Approval obtained from Queensland Government. A Short-term Approval provides authority to use a restrictive practice for a maximum of 6 months, while assessments are undertaken and a positive behaviour support plan is developed.

Restrictive PracticeApproverApproval
Containment and seclusion Queensland Office of the Public Guardian Application form available on The Public Guardian website
Chemical restraint
Mechanical restraint
Physical restraint
Restricting access to objects
Department of Communities, Disability Services and Seniors (DCDSS) Application form (DOCX, 22 KB) Application form (RTF, 235 KB) available on DCDSS website. Complete and submit to your regional contact in the Positive Behaviour Support & Restrictive Practices team.

Providers will work with DCDSS in the assessment for and development of all positive behaviour support plans which include containment and seclusion. Email your DCDSS regional contact for more information.

Reporting

NDIS providers must notify DCDSS of all approvals received, including Short-term Approvals and behaviour support plan approvals through the Online Data Collection portal.

Providers must report on usage frequency of approved restrictive practices to the NDIS Commission.

More information

More information about the authorisation of restrictive practices in Queensland.

For enquiries email Enquiries_DSA_RP@communities.qld.gov.au.

Reporting Deaths in Care

The Queensland Coroners Act 2013 requires that every death in care be reported to the police or coroner, regardless of the circumstances or cause of death.

Office of the State Coroner
Phone: 1300 304 605 or (07) 3239 6193 or
Email: state.coroner@justice.qld.gov.au.

Community Visitor Program

The Community Visitor Program, regulated by the Queensland Public Guardian Act 2014, provides a rights protection service for adults with intellectual, psychiatric or cognitive impairment who live in visitable sites, and for children living in out-of-home care including those staying in a residential care facility, disability service or mental health facility. Visitable sites include disability accommodation funded or provided by Queensland Government or the NDIS. Community visitors conduct regular announced and unannounced visits to sites between 8am and 6pm any day of the week, including weekends.

Feedback and complaints

Providers can advise staff and clients that NDIS participants can take any concerns about the services they are receiving to the NDIS Commission.

Complaints or feedback relating to NDIS support plans and decisions can be made directly to the National Disability Insurance Agency by calling 1800 800 110 or emailing feedback@ndis.gov.au.

NDIS worker screening

Under NDIS quality and safeguards, NDIS providers and sole traders need to consider a wider range of roles and jobs that may require worker screening.

Worker screening requirements for providers delivering NDIS supports and services in Queensland from 1 July 2019 (PDF, 123 KB) Worker screening requirements for providers delivering NDIS supports and services in Queensland from 1 July 2019 (DOCX, 325 KB)