The NDIS Code of Conduct is a set of legally binding rules that define acceptable standards of behaviour for anyone delivering supports or services to people with disability under the National Disability Insurance Scheme. Established under the NDIS Quality and Safeguards Commission, this Code ensures participants receive safe, respectful, and quality supports.
In this comprehensive guide, we’ll explore everything you need to know about the NDIS Code of Conduct, including who it applies to, the seven key requirements, and how it protects NDIS participants.
Understanding the NDIS Code of Conduct
The NDIS Code of Conduct came into effect alongside the establishment of the NDIS Quality and Safeguards Commission. It represents a fundamental shift in how disability services are regulated in Australia, placing participant safety and rights at the centre of service delivery.
Unlike voluntary industry codes, the NDIS Code of Conduct is enforceable by law. Breaches can result in serious consequences including compliance actions, banning orders, and in severe cases, criminal prosecution.
Purpose of the NDIS Code of Conduct
The primary purposes of the Code include:
- Establishing minimum behavioural standards for all NDIS providers and workers
- Protecting NDIS participants from harm, abuse, and neglect
- Promoting a culture of safety and quality in disability services
- Providing clear expectations for professional conduct
- Creating accountability mechanisms for service delivery
Who Does the NDIS Code of Conduct Apply To?
The Code has broad application across the disability sector. Understanding who must comply is essential for maintaining compliance.
Registered NDIS Providers
All providers registered with the NDIS Commission must comply with the Code of Conduct. This includes organisations that have undergone the formal registration process and are approved to deliver supports to participants.
Unregistered Providers
Importantly, unregistered providers who deliver NDIS supports are also bound by the Code. This applies to providers delivering services to self-managed and plan-managed participants who haven’t sought formal NDIS registration.
NDIS Workers
Every individual who delivers NDIS supports must comply with the Code, regardless of their employment status. This includes:
- Permanent and casual employees
- Contractors and subcontractors
- Agency staff and labour hire workers
- Volunteers delivering NDIS supports
- Sole traders providing NDIS services
Key Personnel and Governing Bodies
Board members, executives, and key management personnel of NDIS provider organisations are also bound by the Code in their governance and oversight roles.
The 7 Requirements of the NDIS Code of Conduct
The Code consists of seven core requirements that establish the minimum standards of behaviour expected from all NDIS providers and workers.
1. Act with Respect for Individual Rights to Freedom of Expression, Self-Determination, and Decision-Making
This requirement recognises that people with disability have the same rights as all Australians. Providers and workers must:
- Support participants to make their own choices and decisions
- Respect participants’ right to take reasonable risks
- Recognise and support participants’ autonomy
- Avoid making decisions on behalf of participants without consent
- Support participants to express their views and preferences
- Respect cultural, religious, and personal beliefs
This aligns with the core NDIS principle of choice and control, ensuring participants direct their own supports.
2. Respect the Privacy of People with Disability
Privacy protection is fundamental to the Code. Requirements include:
- Only collecting personal information that is necessary and relevant
- Storing information securely and protecting it from unauthorised access
- Only disclosing information with consent or when legally required
- Maintaining confidentiality of participant information
- Respecting participants’ right to privacy in their homes and personal spaces
- Being discrete when discussing participant matters
This requirement works alongside the Privacy Act 1988 and state-based privacy legislation.
3. Provide Supports and Services in a Safe and Competent Manner
Safety and competence are non-negotiable aspects of service delivery. This means:
- Having appropriate qualifications, skills, and training for the supports provided
- Maintaining current knowledge of best practice approaches
- Working within your scope of competence
- Identifying and managing risks appropriately
- Following safe work practices and procedures
- Reporting and learning from incidents and near misses
- Using equipment correctly and safely
Providers must ensure workers have appropriate training and supervision to deliver supports safely.
4. Act with Integrity, Honesty, and Transparency
Trust is essential in support relationships. This requirement covers:
- Being honest in all dealings with participants and others
- Declaring any conflicts of interest
- Not making false or misleading claims
- Providing accurate information about services and supports
- Being transparent about fees, charges, and service agreements
- Honouring commitments made to participants
- Acting in participants’ best interests
Providers must ensure marketing materials and communications are accurate and not misleading.
5. Promptly Take Steps to Raise and Act on Concerns About Quality and Safety
This creates a culture of continuous improvement and accountability:
- Having systems to identify and raise concerns
- Taking prompt action when concerns are identified
- Reporting concerns through appropriate channels
- Supporting staff to raise concerns without fear of reprisal
- Implementing improvements based on feedback and incidents
- Cooperating with investigations and reviews
This links to mandatory incident reporting obligations under the NDIS framework.
6. Take All Reasonable Steps to Prevent and Respond to All Forms of Violence, Exploitation, Neglect, and Abuse
Protecting participants from harm is paramount. This includes:
- Understanding what constitutes violence, exploitation, neglect, and abuse
- Implementing preventive measures and safeguards
- Recognising signs and indicators of harm
- Responding appropriately when harm is suspected or identified
- Reporting incidents and allegations as required
- Supporting participants who have experienced harm
This requirement has zero tolerance for any form of participant harm.
7. Take All Reasonable Steps to Prevent and Respond to Sexual Misconduct
Sexual misconduct receives particular attention due to its serious nature:
- Maintaining appropriate professional boundaries
- Understanding what constitutes sexual misconduct
- Recognising grooming behaviours and warning signs
- Never engaging in sexual contact with participants
- Reporting any sexual misconduct immediately
- Supporting participants who disclose sexual misconduct
The NDIS Commission has specific worker screening requirements to address this area.
How the NDIS Code of Conduct Protects Participants
The Code provides multiple layers of protection for NDIS participants.
Setting Clear Expectations
By establishing minimum standards, participants know what to expect from their supports and services. This empowers participants to identify when standards aren’t being met.
Enabling Complaints
Participants can raise concerns directly with the NDIS Commission when they believe the Code has been breached. The Commission investigates complaints and takes appropriate action.
Enforcement Powers
The NDIS Commission has significant enforcement powers including:
- Issuing compliance notices
- Imposing conditions on registration
- Revoking provider registration
- Issuing banning orders against individuals
- Referring matters for criminal prosecution
Worker Screening
The NDIS Worker Screening Check prevents people who pose unacceptable risks from working with participants.
NDIS Code of Conduct vs NDIS Practice Standards
Many people confuse the Code of Conduct with the NDIS Practice Standards. While related, they serve different purposes.
Code of Conduct
The Code of Conduct:
- Applies to all providers and workers (registered and unregistered)
- Focuses on individual behaviour and conduct
- Sets minimum behavioural expectations
- Is principles-based
Practice Standards
- Only apply to registered providers
- Focus on organisational systems and processes
- Are assessed through external audits
- Are more prescriptive and detailed
Both frameworks work together to protect participants and promote quality services.
Consequences of Breaching the Code of Conduct
Breaching the Code can have serious implications for both individuals and organisations.
For Individual Workers
- Investigation by the NDIS Commission
- Compliance notices requiring specific actions
- Banning orders preventing work in the NDIS sector
- Criminal prosecution for serious matters
- Employment consequences including termination
- Damage to professional reputation
For Provider Organisations
- Compliance actions and improvement requirements
- Additional conditions on registration
- Suspension or revocation of registration
- Financial penalties
- Reputational damage
- Loss of contracts and participants
How to Ensure Compliance with the NDIS Code of Conduct
Compliance requires ongoing commitment from both providers and workers.
For Providers
- Develop clear policies that reflect Code requirements
- Provide comprehensive Code of Conduct training
- Implement robust complaint and incident management systems
- Conduct regular compliance reviews
- Foster a culture that prioritises participant safety
- Ensure appropriate worker screening
For Workers
- Understand all seven Code requirements
- Complete required training
- Apply Code principles in daily practice
- Report concerns promptly
- Maintain professional boundaries
- Seek guidance when uncertain
Making a Complaint About Code of Conduct Breaches
If you believe the Code has been breached, you have several options.
Internal Complaints
Start by raising concerns through the provider’s internal complaints process. Most issues can be resolved at this level.
NDIS Commission Complaints
You can make a complaint directly to the NDIS Commission through:
- Phone: 1800 035 544
- Online complaint form at ndiscommission.gov.au
- Email: contactcentre@ndiscommission.gov.au
The Commission investigates complaints and takes appropriate action.
Frequently Asked Questions
Does the Code of Conduct apply to family members providing supports?
Generally, family members providing informal supports are not bound by the Code. However, if family members are engaged as formal paid workers delivering NDIS supports, they must comply with the Code.
What training is required for the Code of Conduct?
While there’s no prescribed training program, workers must understand the Code and how to apply it. Many providers include Code of Conduct training in induction programs and require annual refresher training.
How does the Code relate to state laws?
The Code operates alongside state and territory laws. Workers must comply with both the Code and any applicable state legislation regarding disability services, privacy, and mandatory reporting.
Can participants waive Code requirements?
No, the Code represents minimum standards that cannot be waived. Even if a participant requests something that would breach the Code, providers and workers must maintain compliance.
Conclusion
The NDIS Code of Conduct is a cornerstone of participant protection in the NDIS. By establishing clear behavioural expectations and providing enforcement mechanisms, it helps ensure NDIS participants receive safe, respectful, and quality supports.
For providers and workers, understanding and complying with the Code is not optional—it’s a fundamental requirement of delivering NDIS services. Beyond compliance, embracing the Code’s principles leads to better outcomes for participants and a more professional disability sector.
For more information about NDIS compliance requirements, explore our comprehensive guides on NDIS Practice Standards, Worker Screening, and Reportable Incidents.