Volume 10, Disability services

Recommendation 10.1 Embedding human rights

The NDIS Quality and Safeguards Commission (NDIS Commission) should commission a capacity-building program to support disability service providers to embed human rights in the design and delivery of their services. The program should be co-designed with people with disability, disabled people’s organisations, disability representative organisations including member-led First Nations

Community Controlled Organisations, and peak bodies.

The program should:

• develop opportunities for dialogue between providers and people with disability to address challenges and share promising practices
• develop tools, resources and training packages that reflect the diversity of people with disability and disability service providers across Australia
• focus on practical, implementable strategies that lead to better outcomes for people with disability
• be grounded in the principles of the Convention on the Rights of Persons with Disabilities, and reflect our findings, the NDIS Review, and the NDIS Commission’s own motion inquiries and recent Safeguarding Policy Implementation Plan
• enable providers to prepare for, or demonstrate compliance with, current and future legislative and registration requirements associated with the rights of people with disability. This includes responsibilities under the Disability Discrimination Act 1992 (Cth) and the Disability Rights Act (if enacted).

The National Disability Insurance Agency, and state and territory governments involved in providing, regulating or conducting oversight of disability services not funded under the National Disability Insurance Scheme, should actively participate in all stages of the program.

The program should begin by 1 July 2025.

Victorian Government response to recommendation 10.1

We accept this recommendation in principle.

We need to do further work to consider how this recommendation intersects with the recommendations of the NDIS Review and the development of Foundational Supports.

Joint response to recommendation 10.1

Accept in principle

The Australian Government and state and territory governments support the development of a capacity-building program to support disability service providers to embed human rights in the design and delivery of their services.

The NDIS Commission will work with people with disability, providers, workers and states and territories to develop the program, which will build on the NDIS Commission’s existing suite of practical human rights capacity-building products and training for NDIS providers and workers that were developed with people with disability.

Recommendation 10.2 Independent support coordination

To address potential conflicts of interest, the Minister for the National Disability Insurance Scheme (NDIS) should, in consultation with states and territories, create or amend an NDIS Rule to make clear that it is not appropriate for a provider of support coordination to be the provider of any other funded supports in an NDIS participant’s plan.

Exceptions to the Rule should be developed in consultation with people with disability, disabled people’s organisations, disability representative organisations including member-led First Nations Community Controlled Organisations, and peak bodies.

Exceptions may include situations where there are limited alternative service options for NDIS participants due to thin disability service markets, or where there are limited culturally appropriate or specialised services available.

Victorian Government response to recommendation 10.2

We accept this recommendation in principle.

We support improving safeguards for people with disability who receive disability support services. This includes preventing conflicts of interest when coordinating services.

Joint response to recommendation 10.2

Accept in principle

The Australian Government and state and territory governments are committed to improving safeguards for people with disability in the provision of disability support services, including greater controls around conflicts of interest.

Governments will work together with people with disability, their families, carers, representative organisations, First Nations Community Controlled Organisations and peak bodies to consider the most appropriate approach to preventing conflicts of interest in support coordination. This will include consideration of the potential need for exceptions in limited circumstances.

Recommendation 10.3 Adequate support coordination

The National Disability Insurance Agency should ensure that participants in the National Disability Insurance Scheme (NDIS) identified as being at heightened risk of violence, abuse, neglect or exploitation, particularly those living in supported accommodation, have funding for support coordination included in their NDIS plans.

Funding for support coordination should reflect the NDIS participant’s support and communication needs. Funding for hours of support coordination should also be sufficient to facilitate face-to-face contact at least monthly.

NDIS participant plans should be updated by 30 September 2025.

Victorian Government response to recommendation 10.3

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 10.4 Quality of support coordination

The NDIS Quality and Safeguards Commission should examine the quality and consistency of support coordination, with a particular focus on National Disability Insurance Scheme participants who:

• live in remote and very remote locations
• are First Nations people with disability
• are culturally and linguistically diverse
• are navigating state or territory housing, health or criminal justice systems
• are experiencing housing insecurity or homelessness
• are living in supported accommodation
• are attending day programs or working in Australian Disability Enterprises.

The examination may be part of the proposed own motion inquiry on support coordination.

Victorian Government response to recommendation 10.4

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 10.5 Advocacy

1. The National Disability Insurance Agency (NDIA) should develop a program to connect National Disability Insurance Scheme (NDIS) participants living in supported accommodation with an appropriate disability advocacy organisation. The program should be co-designed with people with disability, disabled people’s organisations, disability representative organisations including member-led First Nations Community Controlled Organisations, and peak bodies.

   The program should:

   • promote advocacy in the course of NDIS planning processes
   • increase awareness of the role of advocacy in disability services among NDIS participants and their families and supporters
   • strengthen advocacy referral processes when participants and their families and supporters raise concerns, make complaints or report incidents
   • foster relationships between NDIS participants, their families and supporters, and disability advocacy organisations

   • strengthen collaboration between disability service providers and disability advocacy organisations to enable advocates to maintain periodic contact with people with disability so they can identify potential or emerging issues.

     The program should commence by January 2025.

     Following an evaluation of the program’s impact and outcomes, the NDIA should consider expanding the program to reach other groups of people with disability who are identified as being at heightened risk of violence, abuse, neglect or exploitation.

2. The NDIS Quality and Safeguards Commission, when reviewing complaints and reportable incidents, should also actively promote the value of independent advocacy for NDIS participants identified as being at heightened risk of violence, abuse, neglect or exploitation, and/or those who live in supported accommodation.

Victorian Government response to recommendation 10.5

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 10.6 Supported decision-making in disability services

The NDIS Quality and Safeguards Commissioner should amend the National Disability Insurance Scheme (Quality Indicators for NDIS Practice Standards) Guidelines 2018 (Cth) to reflect that each participant:

• is entitled to support to make everyday life decisions including what services they receive, in what way and from whom
• has opportunities to make decisions about their goals and aspirations
• is supported to develop their decision-making skills
• is supported to communicate their will and preferences
• has the right to choose their own supporter.

Amendments should be completed by 30 June 2025.

Victorian Government response to recommendation 10.6

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 10.7 Practical guidance on supported decision-making

The NDIS Quality and Safeguards Commission should co-design – with people with disability, disabled people’s organisations, disability representative organisations including member-led First Nations Community Controlled Organisations, and peak bodies – a practice guide on supported decision-making for service providers. This should be consistent with the NDIS Supported Decision Making Policy and the supported decision-making principles outlined in Recommendation 6.6.

Victorian Government response to recommendation 10.7

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 10.8 A national disability support worker registration scheme

The Australian Government should establish a national disability support worker registration scheme by 1 July 2028.

Consultation about the scope and elements of the national disability support worker registration scheme should begin as soon as possible. The consultations should include people with disability, disabled people’s organisations, disability representative organisations including member-led First Nations Community Controlled Organisations, support workers and their representative bodies, disability service providers, state and territory governments, and peak and regulatory bodies.

The design of the scheme should consider:

• the definition of ‘disability support worker’
• a code of conduct and minimum standards for registered disability support workers, including support coordinators
• mandating the NDIS Worker Screening Check for all disability support workers
• recognition and accreditation of workers’ qualifications, experience, capabilities and skills
• continuing professional development requirements for disability support workers
• automatic registration for disability support workers who are registered with other relevant professional bodies
• a First Nations workforce pathway to address barriers to First Nations workers entering the sector
• an accessible portal to enable people with disability and their supporters to view the profiles and registration status of disability support workers
• portable training and leave entitlements.

Victorian Government response to recommendation 10.8

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 10.9 The Social, Community, Home Care and Disability Services Industry Award

Organisations entitled to represent the industrial interests of members of the disability support workforce covered by the Social, Community, Home Care and Disability Services (SCHADS) Industry Award 2010, along with the Australian Government and employers, should consider a joint application to vary the modern award in accordance with section 158 of the Fair Work Act 2009 (Cth).

This would seek to ensure equal remuneration of workers for work of equal or comparable value in accordance with section 302 of the Fair Work Act 2009 (Cth), paying particular attention to employers’ continued use of Schedule E and the ‘work value’ of contemporary disability support work.

Victorian Government response to recommendation 10.9

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 10.10 Provider of last resort

The Australian Government should urgently engage with state and territory governments about funding and arrangements for a provider of last resort scheme. It should also consult with people with disability, disabled people’s organisations, disability representative organisations including member-led First Nations Community Controlled Organisations, and peak bodies about how such a scheme could operate.

The scheme should be designed to address:

• failed or thin markets, particularly for First Nations people with disability in remote or very remote areas, and consider the use of block funding to guarantee service provision in those communities
• access to services for:
  • people in crisis situations
  • people at risk of losing their accommodation and disability services
  • people whose needs cannot be adequately met by existing services
• access to case management for people with disability at heightened risk of violence, abuse, neglect or exploitation
• clarity about which agency has the lead coordinating role.

The Australian Government should put forward a proposal for discussion to the Disability Reform Ministers Council in 2024.

Victorian Government response to recommendation 10.10

We accept this recommendation in principle.

We support the urgent roll-out of provider of last resort arrangements.

We need provider of last resort arrangements to ensure the service system can support people who are in the most critical and urgent of circumstances.

We believe this recommendation should be extended to include after-hours crisis support.

Provider of last resort arrangements need to cover persistent thin markets. This is particularly important for the cohorts noted in the recommendation. The market has not been willing or able to support these people. It is unlikely to do so in the future.

We know from our experience that market-based approaches have not provided enough incentive for service providers to remain in particular submarkets and persistent thin markets.

This includes for regional areas, First Nations and participants with complex needs, and specific support categories, such as supported disability accommodation or behaviour supports.

Provider of last resort arrangements should cover thin markets. In a thin market, the collapse of any one provider would cause a critical disruption in the delivery of disability supports. This is particularly the case for providers that support a large number of people with significant disability support needs, complex needs or First Nations participants.

We support the National Disability Insurance Agency establishing clear, unambiguous provider of last resort arrangements for services to NDIS participants who have lost or are at imminent risk of losing critical disability supports. This is in line with previous work through the Disability Reform Ministerial Council.

The proposal should be developed through broad collaboration with people with disability and be provided to Disability Reform Ministerial Council.

The provider of last resort framework should also include support and training for providers. This would ensure they have the skills, infrastructure and capacity to provide time-limited crisis supports to participants.

Joint response to recommendation 10.10

Accept in principle

The Australian Government and state and territory governments acknowledge that there are gaps when an NDIS provider or the NDIS market fails which can prevent a person with disability in certain areas or with certain needs from accessing the supports and services they need, when they need them.

A provider of last resort scheme could be one mechanism to address failed and critically thin markets, particularly for First Nations people in remote communities, as well as regional and remote communities more broadly, and participants with complex needs. It could also be a mechanism to support people in crisis situations, such as those at risk of losing their accommodation, or access to disability supports.

All governments support the policy intent of this recommendation and are committed to working together through the Disability Reform Ministerial Council to consider reform options alongside recommendation 13 and action 13.4 of the NDIS Review, in consultation with people with disability, their families, carers, representative organisations, First Nations Community Controlled Organisations, peak bodies, and other key stakeholders.

Recommendation 10.11 Internal procedures for monitoring reportable incidents

The NDIS Quality and Safeguards Commission should improve its internal procedures for monitoring reportable incidents, paying particular attention to:

1. communicating feedback about the quality of providers’ handling of incidents
2. seeking clarification from providers, National Disability Insurance Scheme participants and their families when deficiencies or evidentiary gaps are identified, particularly where participants have been harmed or are at immediate risk of harm
3. the efficiency of the online portal used by providers to report incidents.

Victorian Government response to recommendation 10.11

We note this recommendation.

This recommendation is not within our area of responsibility

Recommendation 10.12 Introduction of class or kind determinations

The Minister for the National Disability Insurance Scheme should, in consultation with states and territories, amend the National Disability Insurance Scheme (Incident Management and Reportable Incidents) Rules 2018 (Cth) to:

a) introduce ‘class or kind’ determinations exempting certain registered providers from notifying less serious types or categories of reportable incidents where they have demonstrated a satisfactory level of competence in managing and investigating incidents

b) enable the NDIS Quality and Safeguards Commission to conduct audits to assess compliance with class or kind determinations.

Victorian Government response to recommendation 10.12

We accept this recommendation in principle.

We support making sure regulatory obligations are proportionate to risk.

We will consider this recommendation together with the NDIS Review’s proposed reforms to provider registration and regulation.

Joint response to recommendation 10.12

Accept in principle

The Australian Government and state and territory governments support in principle the NDIS Quality and Safeguards Commission (NDIS Commission) having access to ‘class or kind’ determinations to enable it to effectively manage the volume of reportable incidents it receives.

The NDIS Commission will work with people with disability and the NDIS sector to determine an approach to ‘class or kind’ determinations where a satisfactory level of competence in managing and investigating incidents has been demonstrated by providers. Strategies for assessing compliance by the NDIS Commission will be included in considerations.

The NDIS Commissioner is able to amend the National Disability Insurance Scheme (Incident Management and Reportable Incidents) Rules 2018 (Cth) in consultation with states and territories.

In addition, the Australian Government has established the NDIS Provider and Worker Registration Taskforce to provide advice on the design and implementation of the new graduated risk-proportionate regulatory model proposed in the NDIS Review Final Report. The Taskforce will report mid-2024. Final decisions on the registration model may have implications for the response to this recommendation.

Recommendation 10.13 Creating an independent investigators panel

The NDIS Quality and Safeguards Commission (NDIS Commission) should establish a panel of independent investigators with strong credentials in relation to safeguarding, human rights and investigative practice. The NDIS Commission should seek regular feedback from providers about the quality of independent investigators’ work.

Victorian Government response to recommendation 10.13

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 10.14 Developing model policies and procedures

The NDIS Quality and Safeguards Commission should develop model procedures for National Disability Insurance Scheme (NDIS) providers, including:

1. for frontline workers about recognising and reporting incidents, with clear definitions around what incidents must be reported and when
2. for incident management, incorporating guidance on undertaking causal reviews of incidents and preventive action, as well as implementing wider system improvements
3. for complaints, articulating person-centred approaches for managing and resolving complaints and providing feedback, and requiring supports for a participant who needs to participate in a complaints process
4. that address the need to consider the impact or harm caused to a participant and provide guidance on forms of redress that should be offered to people with disability involved in incidents and complaints.

These procedures should be developed in consultation with people with disability, family members, advocates and NDIS providers.

Victorian Government response to recommendation 10.14

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 10.15 Complaint handling and investigative practice guideline

1. The NDIS Quality and Safeguards Commissioner should issue a guideline, by notifiable instrument, addressing accessible and responsive complaint handling and investigative practice. The guideline should:
   • outline the core components of an accessible and responsive complaint handling and investigative practice involving people with disability, consistent with Recommendation 11.5
   • be co-designed by people with disability and their representative organisations and involve consultation with National Disability Insurance Scheme (NDIS) provider representatives.
2. The Minister for the NDIS should, in consultation with states and territories, amend the National Disability Insurance Scheme (Incident Management and Reportable Incidents) Rules 2018 (Cth) and National Disability Insurance Scheme (Complaints Management and Resolution) Rules 2018 (Cth) to include recognition of, and a requirement for compliance with, the guideline.

Victorian Government response to recommendation 10.15

We accept this recommendation in principle.

We support providing additional guidance and explanatory materials for providers. This will help them use best practice approaches. It will also ensure they meet the expectations of the NDIS Quality and Safeguards Commission.

Joint response to recommendation 10.15

Accept in principle

The Australian Government and state and territory governments recognise and support the importance of having an accessible and responsive complaints handling system to uphold the rights of people with disability in complaints and incident investigation processes associated with NDIS providers.

The NDIS Quality and Safeguards Commission will work with states and territories to develop and issue a guideline, co-designed with people with disability, outlining the core components of an accessible and responsible complaints handling and investigative practice involving people with disability.

Recommendation 10.16 Requirement to consider redress

1. The Minister for the National Disability Insurance Scheme (NDIS) should, in consultation with states and territories, amend the National Disability Insurance Scheme (Incident Management and Reportable Incidents) Rules 2018 (Cth) and National Disability Insurance Scheme (Complaints Management and Resolution) Rules 2018 (Cth) to include a requirement for NDIS providers to consider redress and forms of support to an NDIS participant where the NDIS Quality and Safeguards Commission (NDIS Commission) forms the view that the service provider bears responsibility for the violence, abuse, neglect or exploitation experienced by the NDIS participant.
2. The NDIS Commission should:
   • provide practical advice on suitable forms of redress when making the guideline on accessible and responsive complaint handling and investigative practice (see Recommendation 10.15)
   • consider whether it has power to incorporate in enforceable undertakings a requirement that service providers afford redress to NDIS participants in appropriate cases. If not, it should seek the necessary powers and be prepared to use them where appropriate.

Victorian Government response to recommendation 10.16

We accept this recommendation in principle.

We acknowledge providers need extra support and guidance to respond to complaints satisfactorily. We also support the NDIS Commission having the power to make more assertive interventions where necessary.

Joint response to recommendation 10.16

Accept in principle

The Australian Government and state and territory governments acknowledge the Disability Royal Commission’s findings that NDIS providers have failed to provide a written apology or discuss any form of redress when people with disability, for whom they were responsible, experienced violence, abuse, neglect or exploitation.

The NDIS Commission will work with states and territories, people with disability, NDIS providers and other key stakeholders to investigate the practical application of this recommendation, including consideration of legal and regulatory implications.

Recommendation 10.17 Access to safeguarding indicators and expertise

In developing and publishing guidance about best practice governance models for National Disability Insurance Scheme (NDIS) providers, the NDIS Quality and Safeguards Commission should:

1. include safeguarding indicators for use by NDIS providers based on the sample indicators outlined in Table 10.8.3
2. provide guidance encouraging governing bodies of NDIS providers to have regular access to specialist safeguarding advice in considering issues arising from complaints and incidents.

Victorian Government response to recommendation 10.17

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 10.18 Improved complaint handling procedures and responses

The NDIS Quality and Safeguards Commission should:

1. ensure complainants are updated appropriately throughout key stages of the complaint process and their expectations managed
2. ensure triage and streamlining models effectively prioritise complaints requiring a more immediate response
3. clearly define risk categories, timeframes and procedures for handling these complaints
4. establish realistic and achievable metrics for measuring its performance with respect to timeframes.

Victorian Government response to recommendation 10.18

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 10.19 Requirement to investigate certain complaints

The Minister for the National Disability Insurance Scheme should, in consultation with states and territories, amend the National Disability Insurance Scheme (Complaints Management and Resolution) Rules 2018 (Cth) to empower the NDIS Quality and Safeguards Commission to require a provider to carry out an investigation into a complaint and report on its contact with the complainant and its findings.

Victorian Government response to recommendation 10.19

We accept this recommendation in principle.

The NDIS Quality and Safeguards Commission should have the powers it needs to fulfil its responsibilities. It should be able to exercise these powers.

We support giving the NDIS Quality and Safeguards Commission the power to direct providers to investigate a complaint. We also support the Commission having the power to report on both its contact with the complainant and its findings.

Joint response to recommendation 10.19

Accept in principle

The Australian Government and state and territory governments agree NDIS Rules should enable the NDIS Commission to require a provider to carry out an investigation into a complaint and report on its contact with the complainant and findings.

The NDIS Commission will work with states and territories, people with disability, and the broader NDIS sector to identify and implement required NDIS Rules changes.

Recommendation 10.20 Making complaint processes accessible

The NDIS Quality and Safeguards Commission should further enhance the accessibility of its complaint handling processes, having regard to the following steps:

1. making information simple and easy to navigate
2. adopting a ‘no wrong door’ approach
3. accommodating people’s preferred means of communication and making other adjustments as needed
4. assisting people to secure advocacy and other supports
5. identifying people at risk of abuse
6. implementing a strategy for ‘hard to reach’ groups
7. ensuring complainants are involved in complaint processes and when this is not possible, recording the reasons for their non-involvement
8. examining whether providers are supporting people with disability to access advocates when they make a complaint and where providers conduct investigations.

Victorian Government response to recommendation 10.20

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 10.21 Registration and audit process

1. To enhance the registration process, the NDIS Quality and Safeguards Commission (NDIS Commission) should:
   • develop and implement a framework for sharing relevant information with quality auditors
   • conduct a comprehensive review of the provider registration process focused on:
     • simplifying the process for smaller providers seeking to renew their registration
     • improving the NDIS Commission’s operating system (COS) portal and online application forms used to submit registration applications
     • removing any duplication of requirements for cohorts of practitioners or organisations working within multiple schemes and for recognising other forms of accreditation
     • identifying areas where there are workforce shortages or ‘thin provider markets’, and encouraging the use of easier and more cost-effective certification audit processes in these areas
     • assessing whether the number of approved quality auditors accredited for remote auditing and assessment should be increased
   • collect and publish de-identified data about quality audit outcomes to inform best practice
   • alert quality auditors to known systemic issues across the NDIS provider market.
2. The Minister for the National Disability Insurance Scheme should, in consultation with states and territories, amend the National Disability Insurance Scheme (Protection and Disclosure of Information – Commissioner) Rules 2018 (Cth) to clarify the NDIS Commission is able to share relevant information with quality auditors.

Victorian Government response to recommendation 10.21

We accept this recommendation in principle.

We support the proposed improvements to the registration process.

The review of the provider registration process should be considered as part of the NDIS Review proposal for a graduated registration model for providers and workers.

Joint response to recommendation 10.21

Accept in principle

The Australian Government and state and territory governments support reform to the registration and audit process to enable a strengthened but risk-proportionate approach to regulating and monitoring the quality and safety of services delivered by NDIS providers.

On 12 February 2024, the Minister for the NDIS announced the establishment of the NDIS Provider and Worker Registration Taskforce, to provide advice on the design and implementation of a new graduated risk-proportionate regulatory model for all providers and workers in consultation with the disability community. The Taskforce will report in 2024.

All governments also support appropriate changes to clarify that the NDIS Commission is able to share relevant information with quality auditors and will consider appropriate rule or guideline changes following receipt of the Taskforce’s report.

Approaches to implementing this recommendation are being considered alongside recommendation 17 of the NDIS Review to develop and deliver a risk-proportionate model for the visibility and regulation of all providers and workers, and to strengthen the regulatory response to long-standing and emerging quality and safeguards issues.

Recommendation 10.22 Strengthened regulatory requirements

1. The Minister for the National Disability Insurance Scheme should, in consultation with states and territories, amend the Core Module of the National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018 (Cth) to issue further standards that address complaint handling and incident management.
2. The NDIS Quality and Safeguards Commissioner should amend the Core Module of the National Disability Insurance Scheme (Quality Indicators for NDIS Practice Standards) Guidelines 2018 (Cth) to strengthen the requirements relating to complaints and incidents (see Table 10.10.2), accountable governance (see Table 10.10.3), and worker capacity and training (see Table 10.10.4).

Victorian Government response to recommendation 10.22

We accept this recommendation in principle.

We support issuing further standards that address complaint handling and incident management.

We need to consider any intersections with the graduated provider enrolment and registration model proposed by the NDIS Review.

Joint response to recommendation 10.22

Accept in principle

The Australian Government and state and territory governments support strengthening complaint handling and incident management requirements to better protect people with disability.

The NDIS Commission will commence a review of the NDIS Practice Standards, which form part of the National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018 in consultation with people with disability, NDIS providers and states and territories in 2024. The outcomes of the review will inform the issuing of further standards that address complaint handling and incident management.

Recommendation 10.23 Publishing data about the unregistered provider market

The NDIS Quality and Safeguards Commission (NDIS Commission) should collect and publish data relating to trends and risks identified within the unregistered provider market, including a breakdown of:

• the number of complaints received involving unregistered providers
• quality and safety issues identified by the NDIS Commission through its oversight of complaints in relation to unregistered providers
• the number of compliance matters and investigations commenced by the NDIS Commission in relation to unregistered providers
• the number of unregistered providers involved in contraventions identified by the NDIS Commission and the type of breach identified
• the number and type of compliance and enforcement actions taken in relation to unregistered providers
• the number of workers engaged by unregistered providers involved in complaints, compliance matters or investigations without a worker screening clearance at the time of the alleged conduct or issue.

Victorian Government response to recommendation 10.23

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 10.24 Improved access to behaviour support practitioners

The NDIS Quality and Safeguards Commission should, by December 2024, improve access to behaviour support practitioners by:

1. providing incentives for practitioners and National Disability Insurance Scheme providers to provide behaviour support services, including in regional and remote areas in which ‘thin markets’ operate
2. forming a partnership with First Nations leaders from the disability and employment services sectors to develop a recruitment strategy targeting First Nations people and others with experience in working with First Nations communities to address behaviour support shortages in regional and remote areas
3. exploring with behaviour support practitioners, service providers and people with disability, the merits of an ‘on-the-job’ professional development and accreditation model for behaviour support practitioners
4. creating a publicly accessible list of all individual behaviour support practitioners.

Victorian Government response to recommendation 10.24

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 10.25 Strengthened monitoring, compliance and enforcement

The NDIS Quality and Safeguards Commission should review its compliance and enforcement policy and in doing so have regard to:

1. where appropriate, transitioning its primary compliance approach from educational and capacity building strategies to stronger compliance and enforcement activities
2. increasing its face-to-face engagement with National Disability Insurance Scheme (NDIS) participants who are at greater risk of experiencing violence, abuse, neglect and exploitation, and site visits to speak with providers and workers
3. increasing the use of its enforcement powers and monitoring tools in relation to NDIS providers that:
   • have a history of non-compliance or repeatedly fail to meet their obligations to provide safe and quality supports and services
   • have demonstrated a disregard for the safety of people with disability
   • have caused serious harm to a person or people with disability
4. the availability of enforceable undertakings and compliance notices to address non-compliance by NDIS providers.

Victorian Government response to recommendation 10.25

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 10.26 Expanded data reporting and publication

1. In addition to data currently published, the NDIS Quality and Safeguards Commission should publish in quarterly activity reports and annual reports:
   • ‘disaggregated data’ relating to complaints, reportable incidents and behaviour support, having regard to suggested data in Table 10.13.1
   • a comprehensive analysis of data trends, identifying systemic issues relating to the quality and safety of National Disability Insurance Scheme (NDIS) supports and services
   • ‘operational performance data’ relating to complaints, reportable incidents, compliance and enforcement, having regard to the suggestions in Table 10.13.2.
2. The Minister for the NDIS should, in consultation with states and territories, amend the reporting requirements in the National Disability Insurance Scheme (Incident Management and Reportable Incidents) Rules 2018 (Cth) to enable provider investigation outcome data to be collected on a routine basis from NDIS providers.

Victorian Government response to recommendation 10.26

We accept this recommendation in principle.

We support the proposal to publish the data detailed in the recommendation. We also support the regular collection of provider investment outcome data from NDIS providers.

Joint response to recommendation 10.26

Accept in principle

The Australian Government and state and territory governments recognise the value and importance of data in proactively identifying issues, monitoring trends, improving collaboration and responses between relevant regulatory bodies, and better safeguarding people with disability from violence, abuse, neglect and exploitation.

The NDIS Commission will work with people with disability, their representatives, and NDIS service providers to identify potential approaches to the collection of provider investigation outcome data on a routine basis from NDIS providers and publication. Changes to NDIS systems and development of provider guidance will be required to support this recommendation.

Recommendation 10.27 Strengthened intelligence capacity

The NDIS Quality and Safeguards Commission (NDIS Commission) should establish a dedicated intelligence unit within the NDIS Commission to enhance its capacity to collect intelligence, identify and respond to higher risk participants, take action relating to providers where necessary and identify systemic issues.

Victorian Government response to recommendation 10.27

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 10.28 Information sharing between prescribed bodies

1. The Minister for the National Disability Insurance Scheme (NDIS) should, in consultation with states and territories, amend the National Disability Insurance Scheme (Protection and Disclosure of Information – Commissioner) Rules 2018 (Cth) to include safeguarding bodies with the type of functions described in Table 10.13.3 as ‘prescribed bodies’ for the purposes of section 67A(1)(db) of the National Disability Insurance Scheme Act 2013 (Cth).
2. States and territories should introduce legislative and administrative arrangements that would allow prescribed bodies in each jurisdiction to exchange risk-related information with the NDIS Quality and Safeguards Commission, where the exchange of information will promote the safety of NDIS participants who may be at risk of experiencing violence, abuse, neglect or exploitation.

Victorian Government response to recommendation 10.28

We accept this recommendation in principle.

We welcome further action to address the significant gap in safeguarding arrangements for people with disability. This gap places NDIS participants at greater risk of harm.

Joint response to recommendation 10.28

Accept in principle

The Australian Government and state and territory governments support increased and robust risk-related information sharing between safeguarding bodies in each state and territory and the NDIS Commission to facilitate the harmonious and effective oversight of services provided to people with disability.

All governments are committed to considering relevant rule or legislative changes to ensure safeguarding bodies in each jurisdiction can exchange risk-related information with the NDIS Commission. A key aspect of implementation of any legislative changes for this recommendation will be protecting personal and private information.

Recommendation 10.29 Establishing a First Nations Unit

The NDIS Quality and Safeguards Commission should establish a dedicated First Nations Unit to develop its engagement with and understanding of the issues facing First Nations participants in the National Disability Insurance Scheme, particularly in regional and remote communities.

Victorian Government response to recommendation 10.29

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 10.30 Engagement and capacity building activities

The NDIS Quality and Safeguards Commission should enhance its engagement and capacity building activities with National Disability Insurance Scheme (NDIS) providers by:

1. routinely sharing data analysis and insights from its oversight activities with NDIS providers to promote improvements in the quality and safety of services
2. facilitating regular industry forums and communities of practice to raise and address critical safeguarding practice issues and share best practice
3. expanding its training offerings to NDIS providers, particularly in relation to fulfilling their obligations to recognise, report and investigate incidents and deal appropriately with complaints
4. developing a training and resources hub for use by people with disability and their supporters, as well as the NDIS provider workforce.

Victorian Government response to recommendation 10.30

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 10.31 Continuous monitoring of criminal charges

The Australian Government and state and territory governments should amend the Intergovernmental Agreement on Nationally Consistent Worker Screening for the National Disability Insurance Scheme to clarify the role of the Australian Federal Police (or other national bodies) in monitoring new charges relating to disability support workers who hold a clearance, and sharing information with state and territory worker screening units.

Victorian Government response to recommendation 10.31

We accept this recommendation in principle.

We support including the Australian Federal Police and other national bodies in efforts to monitor new charges relating to disability support workers. This includes the sharing of this information between jurisdictions.

This would ensure worker screening includes Commonwealth offences, not just state offences.

Joint response to recommendation 10.31

Accept in principle

The Australian Government and state and territory governments are committed to protecting the safety of people with disability, including through strong workforce screening processes.

All governments will work together to consider options to clarify the role of the Australian Federal Police and other national bodies in monitoring new charges related to NDIS workers and sharing information with state and territory worker screening units.

The National Disability Insurance Scheme Act 2013 allows the NDIS Commission to disclose protected NDIS Commission information to worker screening units for the purposes of carrying out an NDIS worker screening check.

All governments are committed to working together to review the adequacy of information sharing arrangements. The NDIS Commission and state and territory Worker Screening Units will also continue working closely together to improve content and practice elements of reciprocal information sharing processes.

The Australian Government is also taking steps, in consultation with states and territories, to pilot a process for national continuous monitoring of criminal charges and a move towards a nationally consistent worker screening model across the care and support economy.

Recommendation 10.32 Operational framework to guide worker screening

The NDIS Quality and Safeguards Commission (NDIS Commission) should, in consultation with state and territory worker screening units, develop an operational framework to guide the efficient and effective provision of information to worker screening units to inform their assessments. In doing so, it should establish criteria to inform the provision of initial monitoring advice to screening bodies to promote consistency and help better inform initial screening actions. Such advice could include:

• date of the incident
• duration of alleged conduct (if applicable)
• description, nature and circumstances of the matter
• whether the police are involved (noting that the screening unit will only be alerted via the monitoring system at the point at which charges are laid)
• critical information relating to the available evidence (for example, an investigation report from an employer)
• relevant information relating to the NDIS Commission’s oversight of the matter (for example, whether the matter is open, closed, substantiated or not and whether further outcomes are pending).

Victorian Government response to recommendation 10.32

We accept this recommendation in principle.

We support the development of an operational framework. This would enable a more comprehensive working screening process. It would also support the protection of vulnerable people.

Joint response to recommendation 10.32

Accept in principle

The Australian Government and state and territory governments are committed to protecting the safety of people with disability, including through strong workforce screening processes.

All governments will work together to consider options to clarify the role of the Australian Federal Police and other national bodies in monitoring new charges related to NDIS workers and sharing information with state and territory worker screening units.

The National Disability Insurance Scheme Act 2013 allows the NDIS Commission to disclose protected NDIS Commission information to worker screening units for the purposes of carrying out an NDIS worker screening check.

All governments are committed to working together to review the adequacy of information sharing arrangements. The NDIS Commission and state and territory Worker Screening Units will also continue working closely together to improve content and practice elements of reciprocal information sharing processes.

The Australian Government is also taking steps, in consultation with states and territories, to pilot a process for national continuous monitoring of criminal charges and a move towards a nationally consistent worker screening model across the care and support economy.

Recommendation 10.33 Reviewing information sharing arrangements

As part of the National Disability Insurance Scheme worker screening review, the Australian Government and state and territory governments, should consider the adequacy of information sharing arrangements with regard to:

1. the ability of worker screening units to obtain relevant risk-related information from bodies outside of their operating jurisdiction to inform their assessments
2. the ability of the NDIS Quality and Safeguards Commission and worker screening units to obtain and share relevant risk-related information (such as misconduct and disciplinary investigation outcomes) held by other safeguarding and complaint handling bodies to inform worker screening decisions.

Victorian Government response to recommendation 10.33

We accept this recommendation in principle.

We support improved information sharing arrangements to enable a more comprehensive worker screening process.

Joint response to recommendation 10.33

Accept in principle

The Australian Government and state and territory governments are committed to protecting the safety of people with disability, including through strong workforce screening processes.

All governments will work together to consider options to clarify the role of the Australian Federal Police and other national bodies in monitoring new charges related to NDIS workers and sharing information with state and territory worker screening units.

The National Disability Insurance Scheme Act 2013 allows the NDIS Commission to disclose protected NDIS Commission information to worker screening units for the purposes of carrying out an NDIS worker screening check.

All governments are committed to working together to review the adequacy of information sharing arrangements. The NDIS Commission and state and territory worker screening units will also continue working closely together to improve content and practice elements of reciprocal information sharing processes.

The Australian Government is also taking steps, in consultation with states and territories, to pilot a process for national continuous monitoring of criminal charges and a move towards a nationally consistent worker screening model across the care and support economy.