Resetting the NDIS Quality and Safeguarding Framework submission
This submission gives advice to the National Disability Insurance Scheme (NDIS) Review. This report focuses on changes to the NDIS Quality and Safeguarding Framework.
When we use the term ‘developmental safeguards’ we mean support to understand rights and what good looks like. Also, having support from people in the community.
The Independent Advisory Council (IAC) wrote this submission. When we say ‘we’, we mean the IAC.
Our recommendations
We recommend a new Quality and Safeguarding Framework should:
Be based on rights from the United Nations Convention on the Rights of People with Disability (UNCRPD).
Be co-designed with people with disability.
Have ways for people to feel safe in their culture.
Make sure NDIS supports are safe and good quality while making sure participants have choice, can take risks, and make decisions.
Treat situations differently depending on the capability of the participant, their decision support, and the nature of services.
Allow participants who self-manage to use unregistered providers.
Include the need to provide support to participants to have choice and control, by having all the information they need.
Make sure participants are supported to manage the risks they want to take.
Embed practices such as supported decision making in the staff and organisational cultures of the disability sector.
Stop providers of core support from doing support coordination or plan management other than in special circumstances.
Include independent community visitors.
Be overseen by an NDIS Commission that has at least one Commissioner who has a disability and an Independent Advisory Council of people with disability.
Have a strong approach to developmental safeguards including for those participants who choose to self-manage.
Increase consumer protection and information about products and services.
Provide better integration with existing regulatory bodies.
Move to a system of provider accreditation rather than registration.
What we found in our research
People with disability have the right to live their lives free from harm. The NDIS Quality and Safeguarding Framework has been more about regulating NDIS providers than supporting NDIS participants to have choice and control and manage any risks. We have found:
Not enough has been done to support people with disability to make informed choices and manage risk.
There has not been enough work done by local area coordinator’s to support people with disability to understand their rights and what ‘good support’ looks like.
There is a gap in monitoring the safeguard and quality of disability services provided to participants
The system relies on individuals to make complaints to raise issues, or to leave services.
There is a power imbalance between providers and participants.
There is limited visibility to the National Disability Insurance Agency (NDIA) of services provided by unregistered providers.
There is a tension when balancing choice and control with requirements for quality and safety.
NDIS participants are diverse, face varying risks and have different needs and preferences when it comes to the regulation of providers.