List of Recommendations

Recommendation 1

3.95

The committee recommends that the NDIS Quality and Safeguards Commission develop an overarching communications and engagement strategy for building visibility of its work among providers and people with disabilities and engaging in capacity-building activities with participants and providers. The strategy should specifically include: children and young people, Aboriginal and Torres Strait Islander people with a disability, and NDIS participants living in residential aged care.

Recommendation 2

3.100

The committee recommends that the NDIS Quality and Safeguards Commission develop information sharing protocols with states and territories, and, as appropriate, publish these protocols on its website. Information sharing protocols should cover general information sharing and information sharing in relation to specific areas such as worker screening, restrictive practices and residential settings. Where arrangements are already in place, the committee recommends the Commission review these agreements to ensure appropriate clarity around two-way information sharing and to ensure that privacy safeguards are in place.

Recommendation 3

3.104

The committee recommends that the NDIS Quality and Safeguards Commission and National Disability Insurance Agency together develop and publish protocols for coordination and engagement to ensure consistent messaging and clear division of responsibilities.

Recommendation 4

4.100

The committee recommends that the Commission review its approach to publishing information on compliance activities to ensure that:

information on compliance activities is easily accessible to providers, as well as participants and their families and advocates; and

sufficient detail regarding breaches and compliance activity is provided to allow providers and participants to understand the nature of relevant breaches in order to improve provider practice and build confidence in the Commission's compliance activities.

Recommendation 5

4.108

The committee recommends that the NDIS Quality and Safeguards Commission review its compliance and enforcement model to determine how to incorporate increased proactive approaches, in particular, regular, face-to-face contact with vulnerable participants and visits to service providers sites. The review should expressly consider:

the current use of the Commission's monitoring and investigation powers under the Regulatory Powers (Standard Provisions Act) 2014; and

the role of Community Visitor Schemes in assisting the Commission to carry out its functions.

Recommendation 6

4.109

The committee recommends that the Australian Government revisit its 2018 review into community visitor schemes and explore amendments to the National Disability Insurance Scheme Act 2013 to establish a national community visitor scheme to be overseen by the NDIS Quality and Safeguards Commission.

Recommendation 7

4.110

Unless and until the National Disability Insurance Scheme Act 2013 is amended to establish a national community visitor scheme, the committee recommends that:

the Australian Government consider expanding the functions of the NDIS Quality and Safeguards Commission to include coordination and support for state and territory-based Community Visitor Schemes to report on matters affecting NDIS participants; and

the Australian Government through the Disability Reform Council, ensure that federal, state and territory governments work together to ensure that each jurisdiction has a community visitor scheme that can report to the NDIS Quality and Safeguards Commission on risks to NDIS participants.

Recommendation 8

4.112

The committee recommends that the NDIS Quality and Safeguards Commission urgently review agreements with state and territory bodies responsible for Community Visitor Schemes to ensure there are clear protocols in place regarding:

the scope and authority to oversee the provision of NDIS services; and

two-way data and information sharing between Community Visitors and the Commission.

Recommendation 9

5.92

The committee recommends that the Australian Government conduct a review of provider registration requirements, with a view to removing unnecessary burden while preserving quality and safety. The review should consider:

the adequacy of the current graded requirements for small providers and providers which have met quality and safeguarding provisions as part of other registration processes

the classification of certain supports as 'high-risk' for the purposes of requiring registration (for example, early childhood supports)

the impact of registration requirements in specific areas of workforce shortages, such as behaviour support, and other allied health, and in regional rural and remote areas; and

the adequacy of guidance for providers about the registration process.

Recommendation 10

5.93

The committee recommends that the Australian Government review the costs of registration audits for providers, with specific reference to the cost implications for smaller providers and providers in regional, rural and remote locations.

Recommendation 11

5.94

Following the above review, the committee recommends that the NDIS Quality and Safeguards Commission, in consultation with providers and auditing bodies, establish and publish clear guidelines for determining registration audit costs.

Recommendation 12

5.97

The committee recommends that the Australian Government develop a strategy for increasing the number of people with disability who are involved in registration auditing. This strategy should be co-designed with people with disabilities, their families and advocates, and the disability sector.

Recommendation 13

5.116

The committee recommends that the NDIS Quality and Safeguards Commission, within 3 years of the commencement of the national worker screening arrangements, evaluate:

the adequacy and effectiveness of these arrangements in promoting safety and quality for NDIS participants, in particular, NDIS participants who receive supports from unregistered providers; and

the impact of worker screening arrangements on the NDIS provider market.

Recommendation 14

5.118

The committee recommends that the NDIS Quality and Safeguards Commission work with states and territories to resolve delays in NDIS worker screening including by promoting consistency across jurisdictions in relation to the ability of workers to commence work under supervision once their employer has endorsed their screening application.

Recommendation 15

6.80

The committee recommends that the NDIS Quality and Safeguards Commission progress as a matter of urgency the work of its new Complaints Function Advisory Committee to remove barriers to accessing the complaints process for participants, including specific barriers faced by participants who are Aboriginal and Torres Strait Islander people with disabilities, and participants with intellectual disabilities or cognitive impairments. In particular, the committee recommends that the Commission consider measures to simplify the complaints process.

Recommendation 16

6.83

The committee recommends that the Commission work with the new Complaints Function Advisory Committee to establish and publish formal guidance and protocols with respect to:

informing complainants of the progress of their complaints

the role of advocates in the complaints process

timeframes for responding to complaints; and

review and verification of evidence from providers who are the subject of a complaint, including the circumstances in which it is appropriate to provide information from a provider to a complainant for comment.

Recommendation 17

6.85

The committee recommends that the Australian Government allocate specific funding to advocacy organisations to assist complainants in their dealings with the NDIS Quality and Safeguards Commission. This funding should be in addition to existing funding provided through the National Disability Advocacy Program.

Recommendation 18

6.86

The committee recommends that the Commission establish appropriate referral pathways with advocacy organisations, Community Legal Centres and State and Territory Legal Aid Commissions to ensure participants who are particularly vulnerable are supported through complaint and investigation processes. This process should be developed through a co‑design process with people with disability, their families and representative bodies and advocacy organisations.

Recommendation 19

7.36

The committee recommends that the Quality and Safeguards Commissioner consider making rules under the National Disability Insurance Scheme Act 2013 to provide for incident reporting to identify systemic quality and safeguarding issues.

Recommendation 20

8.63

The committee recommends that the NDIS Quality and Safeguards Commission work with State, Territory and Commonwealth governments as a matter of urgency to develop a specific strategy to increase the number of behaviour support practitioners. This strategy should include specific measures to:

incentivise entry into behaviour support provision by practitioners and NDIS providers; and

increase the ability of suitably qualified and experienced allied health providers to offer behaviour support where appropriate.

Recommendation 21

8.67

The committee recommends that the NDIS Quality and Safeguards Commission formally include clinical oversight bodies for the health and mental health sectors in its national coordination work for the reduction and elimination of restrictive practices.

Recommendation 22

8.68

The committee recommends that the NDIS Quality and Safeguards Commission develop a framework that clarifies the responsibilities of Commonwealth, State and Territory bodies involved in regulating restrictive practices at the interface between the NDIS and the health and mental health sectors. This framework should encourage all relevant sectors to work together on how they might better support people with disability and include specific reference to the prescription of medications that may be classified as restrictive.

Recommendation 23

8.69

The committee recommends that the framework mentioned in Recommendation 22 include a protocol around information sharing on restrictive practices between the NDIS Quality and Safeguards Commission and State and Territory bodies.

Recommendation 24

9.43

The committee recommends that the Australian Government review the NDIS Quality and Safeguards Commission's current staffing levels and provide additional resources for increased staff numbers if necessary.

Recommendation 25

9.44

The committee recommends that the Australian Government ensure that it is adequately resourcing the NDIS Quality and Safeguards Commission so that the Commission is able to investigate complaints thoroughly and promptly, and initiate its own investigations.

Recommendation 26

9.47

The committee recommends that the Australian Government ensure that the NDIS Quality and Safeguards Commission has adequate and appropriate training in place for staff, including in the following areas as appropriate:

awareness of disability types

awareness of disability service provision

awareness of the Commission's role and responsibilities

understanding of the NDIS Code of Conduct; and

understanding of the key issues for Aboriginal and Torres Strait Islander peoples with disability.

Recommendation 27

9.50

The committee recommends that the Australian Government review the NDIS Quality and Safeguards Commission's current ICT systems and replace or update them if necessary to ensure that they are fit-for-purpose.

Recommendation 28

10.94

The committee recommends that the Australian Government give specific consideration to the following matters in its review of the NDIS Quality and Safeguarding Framework:

clarifying the safeguarding responsibilities of Commonwealth, state and territory bodies at the interfaces of NDIS and mainstream services; and

the needs of people with disability in forensic detention, including the role of the NDIS safeguarding system in ensuring the rights of people with disability in these settings are upheld.

Recommendation 29

10.101

The committee recommends that the Australian Government specifically consider the following in its review of the NDIS Quality and Safeguarding Framework:

how to improve access to and strengthen natural safeguards for all people with disability; and

the impact of NDIS pricing on the quality and safety of NDIS supports.

Recommendation 30

10.104

The committee recommends that the NDIS Quality and Safeguards Commission develop resources and training materials that emphasise the systemic factors that increase risks to the safety of people with disabilities, including by emphasising the importance of social inclusion and individual and systemic attitudes towards disability.

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