NDIS Code of Conduct: Your Guide for Each State

An essential part of NDIS practice, the Code of Conduct outlines responsibilities to all involved with disability service delivery. But do these guidelines change state by state? Short answer: No. The Code is nation-wide, however: there are differences in state laws related to the Code. So what does this mean for NDIS participants? Here we explain the Code of Conduct and why it’s important to your NDIS journey.

What is NDIS Code of Conduct?

The National Disability Insurance Scheme defines the Code as, ‘… a mandatory set of guidelines anyone must follow that providing disability services funded by the Commonwealth’ ^[3]. The code protects the health, safety and wellbeing of those living with a disability.

Everyone involved in providing services must familiarise themselves with the code and principles of the NDIS, and act within the Code to respect the rights of people with a disability, prevent harm and respond appropriately where harm occurs.

The Code is made up of eight elements that apply to NDIS providers, workers, and anyone engaged in providing supports ^[1].

Act with respect for individual rights to freedom of expression, self- determination and decision-making in accordance with applicable laws and conventions
Respect the privacy of people with a disability
Provide supports and services in a safe and competent manner, with care and skill
Act with integrity, honesty and transparency
Promptly take steps to raise and act on concerns about matters that might impact the quality and safety of supports and services provided to people with a disability
Take all reasonable steps to prevent and respond to all forms of violence against, and exploitation, neglect and abuse of, people with a disability
Take all reasonable steps to prevent and respond to sexual misconduct
Not engage in unfair pricing when supplying or promoting goods for NDIS participants.

Does it Differ by State Throughout Australia?

The eight elements that make up the Code of Conduct are consistent throughout Australia. Additionally, service providers may have their own code of conduct that compliments the national code. By doing this, providers can ensure their clients receive the highest quality of care.

Does each state have its own NDIS code of conduct? No, but each state has variations in laws pertaining to the Code. In some areas the delivery of NDIS services is shared between the NDIA and the relevant state health service. Each state or territory has government legislation that relates to how NDIS services are delivered:

Queensland: Disability Services Act 2006
NSW: Disability Inclusion Act 2014
ACT: ACT Disability Health Strategy
Victoria: Victorian Charter of Human Rights and Responsibilities Act 2006 & Victorian Disability Act 2006
South Australia: Disability Inclusion Act 2018
Western Australia: Disability Services Act 1993
Northern Territory: Disability Services Act 1993
Tasmania: Disability Services Act 2011

You can find more information about the NDIS in each state or territory here.

Why the Code of Conduct is Important

The Code clearly explains the expectations of all workers involved in disability service delivery.

Additionally, the Code ensures that people with a disability:

Receive service that is of a high quality and safe
Experience the same quality of service throughout Australia; making personnel aware of their expectations
Have choice and control over their services
Do not experience abuse, exploitation, violence or neglect
Are supported to make a complaint if they are unhappy with their services
Are not discriminated against in any way
Are supported by qualified staff, who keep their skills up to date
Have their personal information and privacy protected
Have accurate records kept of their services that are secure and accessible when needed

What are the Four NDIS Standards?

The NDIS practice standards specify NDIS providers met the standards to provide service to participants. Together with the code of conduct, the four standards build awareness of what is expected of providers and workers [2]. The four core standards are:

Rights and Responsibilities: Each participant is supported by their provider to make informed choices, exercise control and maximise their independence relating to the supports provided.
Provider Governance and Operational Management: Participants support needs are met by workers who are competent in relation to their role, hold relevant qualifications and who have relevant expertise and experience to provide person-centred support.
Provision of Supports: Each participant accesses the most appropriate supports that meets their needs, goals and preferences.
Provision of Supports Environment: Each participant accesses supports in a safe environment that is appropriate to their needs.

Summary

The NDIS Code of Conduct ensures that anyone who delivers services to people with a disability is aware of best practice and is held accountable. It ensures a consistent high standard, and ethical practices.

The Code of Conduct is consistent throughout Australia. While its eight elements do not vary by state, there are differences in state legislation that could impact how services are delivered or funded.

The National Disability Insurance Agency (NDIA) provides funding through the NDIS, and each state or territory’s health services are responsible for delivering and monitoring supports and providers.

For more information visit the NDIS webpage specific to your state or territory.