National Disability Insurance Scheme (Complaints Management and Resolution) Rules 2018 (Cth)

National Disability Insurance Scheme (Complaints Management and Resolution) Rules 2018 I, Graeme Head, as delegate of the Minister for Social Services, make the following rules.

Dated 17 May 2018

Graeme Head Commissioner of the NDIS Quality and Safeguards Commission

Contents Part 1—Preliminary 1 Name............................................... 2 Commencement......................................... 3 Authority............................................. 4 Definitions............................................ Part 2—Complaints management and resolution system for registered NDIS providers 5 Simplified outline of this Part................................. 6 Purpose of this Part....................................... 7 Complaints management and resolution system must comply with this Part...... 8 Complaints management and resolution system requirements.............. 9 System must afford procedural fairness........................... 10 Documentation, record keeping and statistics........................ 11 Roles, responsibilities, compliance and training of workers................ 12 Referring complaints...................................... Part 3—Complaints to, and inquiries by, the Commissioner Division 1—Introduction 13 Simplified outline of this Part................................. 14 Purposes of this Part...................................... Division 2—Complaints to the Commissioner Subdivision A—Complaints 15 Making a complaint to the Commissioner.......................... 16 Dealing with a complaint.................................... 17 No further action, or deferring action, in relation to a complaint............. 18 Withdrawal of a complaint................................... 19 Confidentiality.......................................... Subdivision B—Resolution process 20 Resolution process....................................... 21 Notifying NDIS provider.................................... 22 Ending the resolution process................................. Subdivision C—Notices relating to outcome of resolution processes 23 Notice of decision to take no further action......................... 24 Notice of outcome of resolution process........................... 25 Provision of information to other persons.......................... Subdivision D—Reconsideration of decisions 26 Application for reconsideration by the Commissioner................... 27 Reconsideration by the Commissioner on application................... 28 Reconsideration by the Commissioner on own motion................... Division 3—Inquiries by the Commissioner 29 Inquiries by the Commissioner in relation to complaints................. Division 4—Other matters 30 Commissioner must comply with procedural fairness rules................ 31 Referral to other organisations................................. 32 Commissioner may take action under the Act........................ Preamble The National Disability Insurance Scheme (NDIS) represents a fundamental change to how supports for people with disability are funded and delivered across Australia. The NDIS is designed to produce major benefits for people with disability, their families and the broader community. The NDIS Quality and Safeguards Commission is responsible for a range of functions under the National Quality and Safeguarding Framework aimed at protecting and preventing harm to people with disability in the NDIS market. The Commission will build the capability of NDIS participants and providers to uphold the rights of people with disability and realise the benefits of the NDIS. The legislation underpinning the NDIS is intended to support participants to be informed purchasers and consumers of NDIS supports and services and to live free from abuse, neglect, violence and exploitation. Registered NDIS providers are required to have complaints management arrangements in place and support people with disability to understand how to make a complaint to the provider and to the NDIS Commissioner. The NDIS Quality and Safeguards Commissioner will be responsible for supporting the resolution of complaints about the provision of supports and services by all NDIS providers. In addition to addressing specific issues, complaints can enable systemic issues to be identified and drive improvements in the quality of NDIS supports and services. The Commission will build the capability of people with disability to pursue complaints and build NDIS provider capability to respond to complaints. These rules will ensure providers are responsive to the needs of people with disability through the timely resolution of issues and will promote continuous improvement.