The NDIS Code of Conduct is the cornerstone of quality and safety in disability support services across Australia. This complete guide explains everything NDIS providers and workers need to know about the Code, its seven requirements, and how to implement it effectively in your organisation.
What is the NDIS Code of Conduct?
The NDIS Code of Conduct is a set of principles established under the National Disability Insurance Scheme Act 2013 that outlines the expected behaviours and responsibilities for everyone delivering NDIS supports and services. It applies universally to all registered and unregistered NDIS providers, their workers, and anyone involved in delivering supports to NDIS participants.
The Code was introduced by the NDIS Quality and Safeguards Commission to protect the rights and wellbeing of people with disability while ensuring they receive safe, quality supports that respect their dignity and promote their independence.
Who Must Comply with the NDIS Code of Conduct?
The NDIS Code of Conduct applies to:
- Registered NDIS Providers: All organisations registered with the NDIS Commission
- Unregistered Providers: Those delivering NDIS-funded supports without registration
- Workers: Employees, contractors, and volunteers delivering NDIS supports
- Key Personnel: Board members, executives, and management
- Sole Traders: Individual providers offering NDIS services
Compliance is mandatory regardless of whether you are registered with the NDIS Commission or the type of supports you provide.
The Seven Requirements of the NDIS Code of Conduct
Requirement 1: Act with Respect for Individual Rights
Providers and workers must respect the individual rights of people with disability, including their right to:
- Freedom of expression
- Self-determination and autonomy
- Make their own decisions (dignity of risk)
- Privacy and confidentiality
- Control over their own lives
Practical Implementation:
- Support participant choice and control in all aspects of service delivery
- Use person-centred approaches that focus on individual goals and preferences
- Involve participants in decisions about their supports
- Respect cultural, religious, and personal beliefs
Requirement 2: Respect Privacy
Protecting participant privacy is fundamental. This includes:
- Collecting only necessary personal information
- Storing information securely
- Only sharing information with appropriate consent
- Following Privacy Act requirements
Key Actions:
- Implement robust data protection policies
- Train staff on confidentiality obligations
- Establish clear consent processes
- Regularly audit information handling practices
Requirement 3: Provide Safe and Competent Supports
Supports must be delivered safely and competently by appropriately qualified personnel. This requires:
- Adequate training and qualifications
- Ongoing professional development
- Supervision and support systems
- Competency assessments
Implementation Strategies:
- Verify qualifications during recruitment
- Provide comprehensive induction training
- Establish supervision frameworks
- Maintain training records
Requirement 4: Act with Integrity, Honesty and Transparency
All interactions must be characterised by integrity and honesty:
- Accurate representation of services
- Clear communication about fees and costs
- Disclosure of conflicts of interest
- Honest reporting and documentation
Best Practices:
- Develop conflict of interest policies
- Provide clear service agreements
- Maintain accurate records
- Communicate openly with participants
Requirement 5: Raise and Act on Concerns
Workers and providers must promptly identify, raise, and act on concerns about quality and safety:
- Report incidents and concerns
- Respond to complaints effectively
- Take action to address issues
- Support continuous improvement
Systems Required:
- Incident management processes
- Complaint handling procedures
- Whistleblower protections
- Feedback mechanisms
Requirement 6: Take Action to Prevent and Respond to Violence, Abuse, Neglect, Exploitation
Active prevention and response to harm is essential:
- Recognise signs of abuse and neglect
- Take immediate action when concerns arise
- Report to appropriate authorities
- Support affected participants
Prevention Measures:
- Comprehensive safeguarding policies
- Staff training on recognising abuse
- Clear reporting pathways
- Risk assessment processes
Requirement 7: Take Action to Prevent and Respond to Sexual Misconduct
Specific obligations exist around sexual misconduct:
- Zero tolerance approach
- Clear boundaries and expectations
- Immediate response to allegations
- Support for affected persons
Critical Elements:
- Professional boundary policies
- Training on appropriate conduct
- Investigation procedures
- Support services for victims
Implementing the NDIS Code of Conduct
Policy Development
Create comprehensive policies that:
- Address all seven Code requirements
- Translate principles into practical guidance
- Include clear expectations and consequences
- Are accessible to all workers
Training Programs
Effective training should:
- Cover all Code requirements in detail
- Include practical scenarios and examples
- Be provided during induction and refreshed annually
- Assess understanding through testing
Monitoring and Review
Ongoing compliance requires:
- Regular audits and assessments
- Incident and complaint analysis
- Participant feedback collection
- Continuous improvement processes
Consequences of Non-Compliance
Breaching the NDIS Code of Conduct can result in:
- Compliance notices from the NDIS Commission
- Infringement notices and penalties
- Conditions on registration
- Suspension or revocation of registration
- Banning orders for workers
- Prosecution in serious cases
Frequently Asked Questions
Q: Does the Code apply to family members providing supports?
A: Yes, if they are paid through NDIS funding to provide supports, the Code applies.
Q: How often should Code of Conduct training be provided?
A: Best practice is comprehensive training at induction plus annual refreshers.
Q: What should I do if I witness a Code breach?
A: Report it immediately through your organisation’s reporting channels and to the NDIS Commission if required.
Conclusion
The NDIS Code of Conduct provides the foundation for safe, quality disability supports in Australia. By understanding and implementing all seven requirements, providers and workers can ensure participants receive services that respect their rights, protect their safety, and promote their independence. Compliance is not just a legal requirement but a commitment to excellence in disability support.
For more information about NDIS Code of Conduct compliance, visit the NDIS Quality and Safeguards Commission website or explore our comprehensive NDIS Compliance Hub for additional resources and guidance.