The 3 Compliance Requirements of all Unregistered NDIS Providers
- Empowerment Services
- May 25, 2021
- 2 min read
To register or not to register ? A big question for many kinds of service providers thinking of growing, pivoting or offering their services to people with disability in their community. It's great to bring greater choice and control to people who may have limited choices and poor quality service in the past. NDIS participants who are self or plan managed, like all Australians, are protected by Australian Consumer Law plus a further 3 NDIS Quality and Safeguarding compliance requirements.
Lets take a look at the 3 compliance requirements of unregistered NDIS providers:
Worker screening.
NDIS Code of Conduct.
Complaints management.
In all states, except the NT where it starts from 1 July 2021, the NDIS Worker Screening Check now replaces the previous state based worker checks. Though it's not a mandatory requirement for unregistered providers, I include it in the list of requirements, to emphasise it's beneficial value to all users of your services.
As an unregistered NDIS provider, you have the option of asking your workers and others you engage to demonstrate they have an NDIS Worker Screening clearance, or to ask them to obtain a clearance by undergoing an NDIS Worker Screening Check.
You can also ask workers to demonstrate that they have an alternative check or clearance that meets the requirements in the transitional and special arrangements that apply in the state or territory where you provide supports and services to people with disability.
Under the new national worker screening arrangements, a clearance obtained through an NDIS Worker Screening Check will be recognised as a clearance in any state or territory.
Self-managed NDIS participants can also individually decide if they require workers of unregistered NDIS providers who provide supports and services to them to undertake an NDIS Worker Screening Check. So it's worth conducting worker screening checks.
As with registered NDIS providers, unregistered NDIS providers and their workers are required to comply with the NDIS Code of Conduct. There are guidelines available to help both NDIS providers and workers understand their obligations under the NDIS Code of Conduct.
Self-managed participants and registered plan managers are in a strong position to make unregistered providers and their workers aware of their obligations under the NDIS Code of Conduct.
Unregistered providers must have a process, system or mechanism to effectively manage complaints that may concern the quality and safety of supports and services that they provide.
The NDIS Commission can support people to make a complaint directly to an unregistered NDIS provider. If a complaint can't be resolved directly between the participant and you as the provider, the participant may escalate it to the NDIS Commission. Should a complaint raise a compliance issue, the Commission have powers to take action.
Anyone who is the subject of a complaint has the right to fair treatment. This includes informing a person about a complaint and providing them with a reasonable opportunity to respond to any allegations and proposed action.
So, there they are in a nutshell, the 3 compliance requirements of unregistered NDIS providers.
For further detailed state-by-state information you can go to the NDIS Commission website. If you are thinking about becoming a registered NDIS provider, you can
book a free consultation with us at KH Empowerment Services to chat through your ideas and questions.
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