Responsibility: Australian Government
Response: Accept in principle
Status: In progress
What has been achieved to date
The NDIS Quality and Safeguards Commission (NDIS Commission) is undertaking a review of Commissioner-made NDIS Rules and NDIS Practice Standards, which have not undergone a comprehensive review since their introduction.
As part of the Rules Review on Reportable Incidents and Complaints, consultation will occur with the sector and people with disability. Guidance material will need to be updated following revision of the Rules.
The NDIS Quality and Safeguards Commission (NDIS Commission), with the support of National Disability Services (NDS), conducted a series of workshops with providers throughout May and June 2023 to hear about the challenges and opportunities associated with regulatory requirements related to the delivery of NDIS supports.
The NDIS Commission has been actively undertaking increased compliance activity in relation to reportable incidents. The number of Reportable Incidents reported to Police increased in Quarter 3 of 2023-24 (6.6%) compared to 5.7% in Quarter 2.
Management of Reportable Incidents routinely involves communicating with providers about the quality of their handling of incidents. The NDIS Commission’s internal procedures for managing reportable incidents were updated in 2023/2024 and are subject to continuous improvement.
The Data and Regulatory Transformation Program (DART) program is continuing to be implemented to uplift NDIS Commission systems.
What the Disability Royal Commission said in the final report
The NDIS Quality and Safeguards Commission should improve its internal procedures for monitoring reportable incidents, paying particular attention to:
a) communicating feedback about the quality of providers’ handling of incidents
b) seeking clarification from providers, National Disability Insurance Scheme participants and their families when deficiencies or evidentiary gaps are identified, particularly where participants have been harmed or are at immediate risk of harm
c) the efficiency of the online portal used by providers to report incidents.
Australian Government Response July 2024
In the 2023–2024 Budget, the NDIS Commission received funding of $120.3 million over two years for additional resources to meet demand and address outstanding matters. In the 2024–25 Budget, the NDIS Commission received funding of $160 million over four years for the Data and Regulatory Transformation Program to ensure the Commission has the critical technology systems required to gather intelligence and collect and analyse data to protect both participants and the NDIS itself.
More recommendations
View progress on other recommendations made by the Royal Commission.