Understanding NDIS Code of Conduct breaches is crucial for providers and workers who want to protect participants and their own careers. This guide explains what constitutes a breach, the potential consequences, and how to avoid them.
What is an NDIS Code of Conduct Breach?
An NDIS Code of Conduct breach occurs when a provider or worker fails to meet any of the seven requirements of the Code. Breaches can range from minor non-compliance to serious misconduct that harms participants.
Types of Code of Conduct Breaches
Minor Breaches
These typically involve:
- Administrative failures
- Documentation gaps
- Minor policy non-compliance
- Isolated incidents without harm
Moderate Breaches
These include:
- Repeated minor failures
- Inadequate training
- Poor incident response
- Privacy breaches without serious harm
Serious Breaches
These involve:
- Physical, emotional, or sexual abuse
- Neglect causing harm
- Financial exploitation
- Significant privacy violations
- Fraud or dishonesty
Common Examples of Breaches
Requirement 1: Respecting Rights
- Making decisions for participants without consultation
- Restricting choice without proper authorisation
- Ignoring participant preferences
Requirement 2: Privacy
- Sharing participant information inappropriately
- Discussing participants in public places
- Inadequate data security
Requirement 3: Safe and Competent Supports
- Working outside scope of competence
- Failing to follow safe work procedures
- Inadequate supervision
Requirement 4: Integrity
- Conflicts of interest not declared
- Inaccurate service recording
- Misleading participants about services
Requirement 5: Raising Concerns
- Failing to report incidents
- Ignoring safety concerns
- Not following up on complaints
Requirements 6 & 7: Preventing Harm
- Failing to recognise abuse
- Not reporting suspected harm
- Inappropriate relationships with participants
Consequences of Breaches
For Workers
- Disciplinary Action: Internal consequences from employer
- Banning Orders: Prohibition from delivering NDIS supports
- Registration Impacts: Effects on professional registrations
- Criminal Prosecution: For serious offences
- Civil Liability: Personal liability for damages
For Providers
- Compliance Notices: Directions to take corrective action
- Infringement Notices: Financial penalties
- Conditions on Registration: Restrictions on operations
- Suspension: Temporary halt to registration
- Revocation: Permanent loss of registration
- Prosecution: Criminal charges for serious breaches
The NDIS Commission Investigation Process
How Investigations Start
Investigations may be triggered by:
- Complaints from participants or families
- Mandatory incident reports
- Whistleblower reports
- Commission-initiated reviews
- Referrals from other agencies
Investigation Steps
- Initial assessment of complaint
- Notification to provider/worker
- Information gathering
- Interviews and evidence collection
- Assessment of findings
- Decision on action
- Appeals process (if applicable)
How to Avoid Code of Conduct Breaches
For Providers
Develop Strong Systems:
- Comprehensive policies addressing all Code requirements
- Robust incident management systems
- Effective complaint handling processes
- Regular compliance audits
Invest in Training:
- Thorough induction programs
- Regular refresher training
- Scenario-based learning
- Competency assessments
Create a Compliance Culture:
- Leadership commitment to Code compliance
- Open reporting environment
- Recognition of good practice
- Learn from incidents
For Workers
Know Your Obligations:
- Understand all seven Code requirements
- Complete required training
- Ask questions when unsure
- Keep knowledge current
Act Professionally:
- Maintain appropriate boundaries
- Document your work accurately
- Follow organisational policies
- Communicate openly with supervisors
Speak Up:
- Report concerns immediately
- Don’t ignore warning signs
- Support your colleagues
- Cooperate with investigations
What to Do If You’re Accused of a Breach
- Stay Calm: Don’t panic or make hasty decisions
- Understand the Allegation: Get details of what’s alleged
- Seek Support: Consider legal advice or union support
- Cooperate: Engage constructively with the process
- Provide Information: Share your perspective and evidence
- Learn from It: Use the experience to improve
Frequently Asked Questions
Q: Can I lose my job for a minor breach?
A: Minor breaches typically result in corrective action rather than termination, but repeated minor breaches can have more serious consequences.
Q: Will a breach affect my ability to work in disability support?
A: Serious breaches can result in banning orders. Less serious matters typically don’t prevent future work but may require additional training.
Q: How long do investigations take?
A: Investigation timelines vary depending on complexity. Simple matters may resolve in weeks; complex cases can take months.
Conclusion
NDIS Code of Conduct breaches can have serious consequences for participants, workers, and providers. The best approach is prevention through comprehensive training, strong systems, and a genuine commitment to quality and safety. By understanding what constitutes a breach and taking proactive steps to avoid them, you can protect participants and build a successful career in disability support.
For more guidance on NDIS compliance, visit our NDIS Compliance Hub or contact the NDIS Quality and Safeguards Commission.