The NDIS Code of Conduct is designed to uphold the rights, dignity, and well-being of NDIS Participants. Understanding and adhering to this Code is mandatory if you work with NDIS Participants.
We've broken the Code down into its Key Principles, and at the end of this article, we talk about key actions you can take in your business to support compliance.
What is the NDIS Code of Conduct?
The Code of Conduct sets out expectations for ethical and professional behaviour by all workers and providers delivering NDIS-funded supports and services. The Code applies to all business and workers, whether you're employed by a provider, work as a subcontractor, or operate as a sole trader.
The 8 Principles of the NDIS Code of Conduct
1. Act with Respect for Individual Rights to freedom of expression, self-determination, and decision-making in accordance with relevant laws and conventions
It’s your responsibility to respect the rights of NDIS participants to make their own decisions. This includes respecting their choice and control and their independence. Understanding what Duty of Care vs Dignity of Risk means is vital. There are a bunch of videos on YouTube on this subject and they’re highly informative.
Always involve participants or their nominees in decisions about their care and support, and ensure they have access to all the information they need to make informed choices.
Document decisions made by participants and their representatives. If questions are asked a year down the road, written or electronic documentation supports the clear and compliant process that has taken place.
2. Respect the privacy of people with disability
Protecting the privacy and confidentiality of NDIS participants is not only an ethical responsibility but also a legal requirement under the Privacy Act 1988 (Cth) for all Australian businesses. This Act governs how personal information is collected, stored, used, and disclosed, ensuring that individuals' privacy rights are respected.
Handling personal information includes safeguarding participant documents by using secure methods for storage and sharing. Also ensuring that information is only shared with individuals and companies that the participant or their representative authorises.
Obtain consent from participants before sharing their information and be transparent about how their information will be used. Consider downloading a Participant Consent Form and a Privacy and Confidentiality Policy to support this process.
3. Provide supports and services in a safe and competent manner with care and skill
Ensuring that the services you provide are safe, competent, and appropriate to the needs of the participant includes adhering to Work Health & Safety (WHS) standards and conducting risk assessments to identify and mitigate hazards and other risks in client homes and out in the community.
Under the Work Health & Safety Act 2011 (Cth), it’s a legal obligation for every Australian business - sole trader or company - to maintain a safe working environment, both for your employees, yourself and the people you support.
Risk assessments are a critical part of delivering services safely and preventing harm. For example, assessing a participant’s home for trip hazards, practicing proper medication storage, ensuring there's always a first aid kit present, checking access for wheelchair use at venues, and addressing any other potential dangers helps create a safer environment for both support workers and the participant.
4. Act with integrity, honesty, and transparency
Integrity is the foundation of trust between you and the participants you support. Be honest about what you can deliver, be transparent in your actions, and always act in the best interest of the participant.
Avoid any conflicts of interest and record or disclose them if they arise.
Example: A support worker is assigned to care for a participant who is a close friend or a relative. Because of their personal relationship, the support worker might find it challenging to enforce boundaries or make objective decisions that are in the participant’s best interest.
The participant also might unconsciously prioritise this support worker over others and have more relaxed care expectations.
The support worker might overlook certain behaviours that they would typically address with other participants, such as not following a care plan, because they don't want to upset their friend or relative. This could lead to compromised care quality or unfair treatment.
In such situations, an employee should disclose the relationship to their employer, and sole traders can keep a Conflict of Interest Declaration Form detailing how they will avoid the conflict and ensure impartial and professional care.
5. Promptly take steps to raise and act on concerns about matters that might have an impact on the quality and safety of supports provided to people with disability
If you observe or suspect anything that could compromise the quality and safety of supports, it’s your duty to act immediately. This helps ensure participants receive consistent, high-quality, and safe services.
Example: You notice that a participant’s hoist is not working properly during a transfer. Rather than continuing to use the faulty equipment or ignoring the issue, you should stop using it immediately, report the problem to your supervisor and/or arrange for it to be repaired or replaced.
Continuing to use unsafe equipment puts the participant at serious risk of injury. By taking swift action, you help to prevent harm and support your commitment to participant safety and well-being.
6. Take all reasonable steps to prevent and respond to all forms of violence against, exploitation, neglect, and abuse of people with disability
Protecting Participants from violence, exploitation, neglect, and abuse is a critical part of your role. Be vigilant in recognising signs of these issues, and act immediately if you suspect or witness them.
Example: You notice that a participant frequently appears unwashed, has dirty clothes, and reports feeling hungry or not being helped out of bed for long periods. These are signs of possible neglect.
In this situation, you should document your observations, report them to your employer or directly to the NDIS Commission if you’re a sole trader.
Have your incident reporting and NDIS commission reporting procedures in place so you know exactly what to do if this occurs. Check out our Incident Management Policy & Procedure which includes procedures for reportable incidents and Incident & Investigation Forms and an Incident Register.
7. Take all reasonable steps to prevent and respond to sexual misconduct
Sexual misconduct includes any form of sexual assault, harassment, or inappropriate behaviour towards a participant and must be reported within 24 hours to the NDIS Commission.
Support workers and providers have a duty to maintain clear professional boundaries and create a safe environment where participants feel respected and protected. This means never engaging in, encouraging, or ignoring any form of sexual misconduct.
Example: Imagine a support worker makes inappropriate comments about a participant after assisting them with a shower. Even if these comments are made privately to another staff member, this behaviour is completely unacceptable. It violates the participants dignity, breaches professional boundaries, and can create a culture of disrespect and harm.
Have clear policies and training around professional boundaries, and ensure you understand your reporting obligations. Remember: if you witness or suspect sexual misconduct by any person towards a participant, it’s your responsibility to report it immediately to your employer and the NDIS Commission.
8. Not charge or represent higher prices for the supply of goods for NDIS participants without a reasonable justification
Transparency and fairness in pricing are essential when delivering NDIS supports and services. You must not take advantage of participants by charging more than what is reasonable or more than what you would charge a person who is not an NDIS participant.
A further responsibility is not to misrepresent the cost of your goods and services. All costs must be transparent and made clear in a language or format that the participant understands.
Example 1: Let’s say you purchase a mobility aid on behalf of a participant. If the actual cost is $200, the price cannot be inflated without a legitimate reason (like shipping or installation costs explained upfront).
Example 2: An allied health or cleaning company offers a service to private clients for $150 but then charges an NDIS participant $200 for the exact same service without clear justification. Any difference in pricing must be supported by a valid reason (such as additional supports or travel) and needs to be clearly documented and communicated.
How to Implement the NDIS Code of Conduct in Your Daily Work
1. Reporting. Know what your mandatory reporting obligations are. The list for mandatory reporting is on the NDIS Commission website NDIS Reportable Incidents
2. Training and Education: Participate in training programs to stay informed about best practices in disability support. Check out the NDIS Quality and Safeguards Commission’s training modules, which all workers should undertake: https://training.ndiscommission.gov.au/
Also check out Team DSC’s training modules here: https://teamdsc.com.au/on-demand
3. Know what Duty of Care vs Dignity of Risk means. There’s a great video on YouTube here
4. Documentation: Keep detailed and accurate records of your interactions with participants, including any decisions, concerns or incidents, to ensure accountability and transparency.
5. Accessibility: Use words, formats, and communication styles that are easy for Participants to understand. This might mean using simple everyday language, providing Easy Read versions of documents, offering verbal explanations alongside written ones, or using visuals and diagrams to help explain things.
6. Have your Policies and Procedures in place to support your Participants and your NDIS compliance. Mandatory policies for this industry are Privacy and Confidentiality, Work Health & Safety, Risk management, Incident Management, Complaints Management and a Code of Conduct Policy. Check the links out as the product descriptions will give you an idea on what these types of policies should look like.
By embracing these principles in your daily work, you can make a difference in the lives of NDIS participants, particularly those who cannot speak up for themselves.
Amanda Watterson
