Understanding your Obligations to the NDIS Code of Conduct

Understanding your Obligations to the NDIS Code of Conduct

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. In this article, we've broken the Code down into it's Key Principles, and given examples on how you can apply them in your daily work.

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 workers, whether you're employed directly by a provider, work as a subcontractor, or operate as a sole trader.

The 7 Principles of the NDIS Code of Conduct

1. Act with Respect for Individual Rights

It’s your responsibility to respect the rights of NDIS participants to make their own decisions. This includes respecting their choices, privacy, and independence and knowing what Duty of Care vs Dignity of Risk means. 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.

2. Respect Privacy and Confidentiality

Protecting the privacy and confidentiality of NDIS participants is not only an ethical responsibility but also a legal requirement under the Privacy Act 1988 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, ensuring that information is only shared with authorised individuals, and using secure methods for storing and transmitting data.

Always obtain consent from participants before sharing their information and be transparent about how their information will be used. Consider downloading our Participant Consent Form and our Privacy and Confidentiality Policy & Procedure for your clients.

3. Deliver Services Safely and Competently

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 your legal obligation to maintain a safe working environment, both for your employees, yourself and the participants 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 users at venues, and addressing any other potential dangers helps create a safer environment for both support workers and the participant.

It’s important to have a WHS Policy, Incident Procedure and Risk Assessment Procedure in place for your clients.

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: Imagine 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 of interest and ensure impartial and professional care.

5. Promptly Take Action on Concerns

If you observe or suspect that a participant is being harmed or at risk of harm, it is your duty to act. This could involve reporting the concern to your supervisor, the NDIS Commission, and Police. Swift action can prevent further harm and ensure the safety of the participant.

ExampleImagine you notice unexplained bruises on a participant during your shift. The participant seems unusually withdrawn and reluctant to discuss how the injuries occurred.

As a support worker, you should not ignore these signs. Even if you’re unsure whether the bruises are a result of abuse, it’s crucial to record and report your observations to your employer and directly to the NDIS Commission via their website within 24 hours.

You can report to the Commission if you only suspect abuse, you do not have to witness the abuse with your own eyes before reporting. Check the NDIS Reportable Incidents list for types of incidents to report to the Commission.

By reporting the concern, you initiate a process where the situation can be investigated, and appropriate measures can be taken to ensure the participant's safety.

6. Provide Accurate and Timely Information

Ensure that the information you provide to participants is accurate, up-to-date, and delivered in a timely manner. This helps participants, their families, support coordinators and allied health providers to make informed decisions about their care and support. If there are any changes to services or schedules, communicate them clearly and as early as possible.

This also applies to writing progress notes. Progress notes should be objective, accurate and timely (i.e. accurate times for when events occurred on shift).

7. Take All Reasonable Steps to Prevent Violence, Exploitation, Neglect, and Abuse

Protecting Participants from violence, exploitation, neglect, and abuse is a critical part of your role. Be vigilant in recognising signs of these issues, and ensure that your actions, and the actions of those around you, uphold the safety and dignity of participants at all times.

Have your incident reporting and NDIS commission reporting procedures in place so you know exactly what to do if this occurs. Consider downloading our Incident Management Policy & Procedure which includes procedures for reportable incidents and includes an Incident & Investigation Form and an Incident Register.

How to Implement the NDIS Code of Conduct in Your Daily Work

Training and Education: Participate in training programs to stay informed about best practices in disability support, including the principles of the NDIS Code of Conduct.  Check out the NDIS Quality and Safeguards Commission’s training modules here: https://training.ndiscommission.gov.au/

Know what Duty of Care vs Dignity of Risk means. There’s a great video on Youtube here 

Documentation: Keep detailed and accurate records of your interactions with participants, including any concerns or incidents, to ensure accountability and transparency.

Communication: Foster open and respectful communication with participants, their families, and your colleagues. Clear communication is key to understanding and meeting the needs of participants.

In conclusion, the NDIS Code of Conduct is your guide to ethical and professional behaviour as a support worker. By embracing these principles in your daily work, you can make a meaningful difference in the lives of NDIS participants and uphold the integrity of the services you provide.

 

Amanda Watterson

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