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NDIS quality and safeguards

Describes the changes to NDIS quality and safeguards arrangements in Victoria from 1 July 2019.

Changes to quality and safeguards arrangements in Victoria from 1 July 2019

Victorian NDIS providers must comply with requirements of the NDIS Quality and Safeguards Commission. The NDIS Quality and Safeguards Commission is responsible for:

  • registration and quality assurance of NDIS providers
  • the complaints process
  • management and reporting of incidents
  • new practice standards for the NDIS
  • the new NDIS Code of Conduct

The NDIS Quality and Safeguards Commission shares responsibility with Victoria for the regulation of:

  • behaviour support and restrictive practices
  • worker screening

Visit the NDIS Commission website for more information about provider obligations.

Existing Victorian quality and safeguards arrangements continue to apply for state funded clients and NDIS participants receiving services funded through in‑kind arrangements after 1 July 2019. Further details about these arrangements are available on the Funded Agency Channel website.

To support transition to the NDIS in Victoria, the Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 makes important changes to the Disability Act 2006 and the Residential Tenancies Act 1997. This is to ensure that safeguards for people with disability transitioning to the NDIS are strengthened and maintained, and to ensure the rights of people living in Specialist Disability Accommodation (SDA) are protected.

More information about the Disability Act is available on the Department of Health and Human Services Disability Act 2006 page.

Provider fact sheets

The following fact sheets provide guidance to NDIS and Victorian funded service providers on changes to quality and safeguards arrangements in Victoria as a result of transition to the NDIS.

NDIS behaviour support and restrictive practices

Victoria and the NDIS Commission share responsibility for oversight of restrictive practices under the NDIS Quality and Safeguards Framework. Registered NDIS providers in Victoria are required to comply with the NDIS (Restrictive Practices and Behaviour Support) Rules 2018.

Behaviour support plans containing regulated restrictive practices for people in Victoria must be authorised in line with the Disability Act 2006 as amended by the Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 and provided to the Victorian Senior Practitioner.

The following fact sheet provides guidance on how to seek authorisation:

For assistance with how to seek authorisation of a regulated restrictive practice in a behaviour support plan, contact the RIDS Helpdesk on 9096 8427 or email RIDS.Helpdesk@dhhs.vic.gov.au.

More information for NDIS providers, including how to develop and lodge behaviour support plans and how to report monthly on the use of restrictive practices, is available on the NDIS Commission’s behaviour support page.

NDIS worker screening

From 1 February 2021, people working for registered NDIS providers in risk assessed roles must have an NDIS worker screening check clearance before commencing work, or meet the Victorian transitional screening arrangements outlined in the DHHS Safety Screening Policy.

What are the transitional screening arrangements for existing staff?

To ensure service continuity, NDIS worker screening transitional arrangements will apply to workers of registered NDIS providers who have valid safety screening checks prior to 1 February 2021 as outlined in the DHHS Safety Screening policy.

For the transitional arrangements to apply to existing workers, the relevant checks must have been undertaken by the provider prior to 1 February 2021.

What are the transitional screening arrangements for transitioning residential aged care providers?

Information about NDIS worker screening requirements for Residential Aged Care Providers who transitioned to NDIS registration requirements on 1 December can be found at:

 https://www.ndiscommission.gov.au/providers/participants-residential-aged-care

For information on NDIS worker screening, including how to apply, visit the Victorian NDIS Worker Screening Check website.

Providers can find more information about NDIS worker screening on the NDIS Quality and Safeguards Commission worker screening page.

Specialist disability accommodation (SDA) and supported independent living (SIL)

All accommodation for SDA residents must:

  • meet National Disability Insurance Agency (NDIA) requirements
  • be enrolled with the NDIS – (SDA enrolled dwellings)

Under the NDIS, the provision of SDA and daily living supports – SIL services, will be separated.

Roles and responsibilities of SDA and SIL providers under the NDIS are provided in:

  • the NDIS Act (2013)
  • NDIS Rules
  • SDA module in the NDIS Practice Standards

Find more information on specialist disability accommodation on the NDIS website.

For more information about the new SDA laws visit our Specialist Disability Accommodation page and the Consumer Affairs Victoria website.

Reviewed 03 June 2021

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