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
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 .
To further 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.
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:
NDIS worker screening
Compliance with the Safety Screening Policy for registered NDIS providers operating in Victoria is a requirement for NDIS registered providers in Victoria.
Victorian registered NDIS providers are required to conduct the following checks:
- Proof of identity check
- National police check
- Disability Worker Exclusion List check
- Working with Children Check (where applicable to the role)
Questions about the Disability Worker Exclusion List check can be directed to the DWES Unit:
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
SIL providers and SDA residents do not need to do anything differently now. Amendments to the Disability Act 2006 for access to community visitors and the new SDA laws under the Residential Tenancies Act 1997 (RTA) will be implemented from 1 July 2019.
SDA Providers and residents do not need to do anything now - existing residential statements under the Disability Act 2006 will remain in place until the new Victorian SDA laws under the RTA commence.
Further advice about SDA and SIL will be issued to support providers to implement the required changes.
Reviewed 19 July 2019