National Disability Insurance Scheme (Procedural Fairness) Guidelines 2018 (Cth)

National Disability Insurance Scheme (Procedural Fairness) Guidelines 2018

I, Graeme Head, Commissioner of the NDIS Quality and Safeguards Commission, make the following Guidelines.

Dated 27 September 2018

Graeme Head Commissioner of the NDIS Quality and Safeguards Commission

Contents Introduction Part 1 – Preliminary 1 Name 2 Commencement 3 Authority 4 Definitions 5 Interpretation Part 2 – Procedural fairness and NDIS complaint handling 6 Application of this instrument 7 An outline of procedural fairness 8 Procedural fairness and other legal requirements 9 NDIS principles and objectives 10 How procedural fairness applies to NDIS complaint handling Part 3 – Key elements of procedural fairness 11 Procedural fairness steps – an illustrative summary 12 Procedural fairness steps in dealing with a complaint that alleges inappropriate conduct by a worker 13 Procedural fairness – practical considerations 14 Dealing with confidential information 15 Maintaining an impartial and unbiased appearance

Introduction The National Disability Insurance Scheme Act 2013 provides that the National Disability Insurance Scheme (NDIS) Quality and Safeguards Commission has complaints functions which are described in section 181 of the Act. The National Disability Insurance Scheme (Complaints Management and Resolution) Rules 2018 set out the complaint handing obligations of registered NDIS providers and the Commission. The Complaint Rules require registered NDIS providers to have complaints management arrangements in place and to support people with disability to understand how to make a complaint to the provider and the Commission. The Commission is responsible for supporting the resolution of complaints about the provision of supports and services by all NDIS providers (not just those that are registered). All NDIS providers and their workers are obliged to comply with the NDIS Code of Conduct: https://www.ndiscommission.gov.au/providers/ndis-code-conduct Complaints can play an important role in strengthening the NDIS and driving improvements in the quality of NDIS supports and services. Complaints can highlight weaknesses in service provision, unmet expectations and misunderstandings. A person's right to complain is also important to ensure that possible problems in NDIS service provision are identified and addressed at the earliest opportunity. These broader benefits of complaints management can only be met if people have confidence that complaints will be handled and resolved fairly, impartially and efficiently. The Complaint Rules require the Commission and NDIS providers to have proper regard to procedural fairness requirements in managing complaints (ss 9, 30). These guidelines support that requirement.