Important Updates For NDIS Providers

The NDIS has now fully rolled out in several States across Australia. If you are a registered NDIS provider in Victoria, there are 3 major updates you need to know and incorporate into your Policies and Procedures documentation.

1. All Victorian Disability Providers Now Subject to the Reportable Conduct Scheme

From 1 January 2018, Victorian disability providers that provide services to children are required to report allegations of reportable conduct, including professional misconduct, to the Commission for Children and Young People.

The five types of ‘reportable conduct’ are:

  1. sexual offences committed against, with or in the presence of a child;
  2. sexual misconduct committed against, with or in the presence of a child;
  3. physical violence against, with or in the presence of a child;
  4. any behaviour that causes significant emotional or psychological harm to a child; and
  5. significant neglect of a child.

Information and resources relating to the Reportable Conduct Scheme can be found on the Department of Health and Human Services’ website and the Commission for Children and Young People’s website.

Action For Providers: Service providers delivering services in Victoria should update their Incident Management Policy and Procedure and/or Protecting Clients From Harm Policy and Procedure (or equivalent) to explicitly reference and comply with the requirements of the Reportable Conduct Scheme.


2. All Victorian Disability Providers Now Subject to Disability Worker Exclusion Scheme Requirements

The Disability Worker Exclusion Scheme (DWES) is designed to protect the safety and wellbeing of people with a disability who access disability services. It contains a list of people who have been assessed by the Department of Health and Human Services as being unsuitable to work with a disability service provider as a disability worker. This includes being engaged in work that involves regular direct contact with, or access to, a person with a disability.

The DWES has been applicable to disability residential services for some time. However, as of 1 November 2017, all Victorian disability service providers have been subject to the Scheme’s requirements. This includes conducting an additional pre-employment check prior to making an offer of employment to a potential employee or volunteer, to ensure that the person is not on the Disability Worker Exclusion List. Providers are also required to notify the DWES if it is determined that a disability support worker (prospective or current) should be listed in the Scheme.

Further information and resources regarding the DWES, including a Disability Worker Exclusion Scheme Instruction, can be found here.

Action For Providers: Service providers delivering services in Victoria should update their Human Resources Policy and Procedure (or equivalent) to explicitly reference and comply with the DWES. This should include the use of the DWES online Portal to undertake checks and lodge notifications.


3.  New Form For Reporting Privacy Breaches

From 15 January 2018, Victorian providers must notify the Department of Health and Human Services about privacy breaches through a new online form. Providers must report all client related privacy incidents to the department within one business day of becoming aware of, or being notified of a possible privacy incident, or within one business day of an allegation being made of a potential breach.

A privacy breach that impacts a client may need to be reported as a Client Incident under the Department’s Client Incident Management System (CIMS) as well as through a Privacy Incident Report.

Further information and resources regarding reporting privacy breaches can be found here.

Action For Providers: Providers delivering services in Victoria should update their Privacy Policy and Procedure (or equivalent) to explicitly reference and comply with the new reporting requirements.


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