Section 1.4
Dignity, respect and trauma-informed service
Core rule. Every interaction must preserve the person's dignity and practical ability to participate. Distress or disability-related communication must not be converted into a reason to disbelieve, punish or exclude the person.
Legal
-
Dignity and respect. A Code duty holder must treat each person with inherent worth, courtesy, honesty and respect, and must protect the person’s privacy, bodily and psychological integrity, autonomy and right to pursue a grievance.
-
Recognition of expertise. A duty holder must recognise that a person with disability is the primary expert in their own life and must listen to, accurately record and genuinely consider the person’s account, goals, circumstances, experience of disability, support needs and assessment of risk.
-
Prohibited treatment. A duty holder must not communicate or behave in a manner that is humiliating, patronising, intimidating, coercive, dismissive, sarcastic, accusatory, threatening, stigmatising or dehumanising, or that treats the person as a burden, problem or administrative inconvenience.
-
No prejudgment from presentation. A duty holder must not infer dishonesty, exaggeration, lack of capacity, lack of insight, non-cooperation or lack of need solely or substantially from a person’s tone, affect, eye contact, body language, memory gaps, distress, shutdown, agitation, repetition, delayed response, use of scripted language, inconsistent presentation or need for communication support.
-
Trauma-informed preparation. Before a material interaction, the responsible worker must, so far as practicable:
-
identify themself, their role and the purpose of the interaction;
-
explain any decision or consequence that may result from the interaction;
-
check the person’s communication preferences and required adjustments;
-
offer a reasonable choice of time, channel and presence of a nominee, advocate, interpreter, communication partner or support person; and
-
give enough information in advance for the person to prepare without being unfairly surprised.
-
-
Trauma-informed conduct. During a material interaction, the duty holder must:
-
use clear, non-judgmental language and explain why sensitive information is needed before asking for it;
-
allow the person time to process, respond, ask questions, use communication support and take breaks;
-
avoid requiring repeated disclosure of distressing or traumatic information where reliable information is already available;
-
check understanding without treating agreement, eye contact, speed of response or emotional presentation as proof of understanding; and
-
pause, reschedule or change the method where continuing would be unsafe, ineffective or likely to cause avoidable retraumatisation, unless an immediate safety issue requires action.
-
-
Response to distress or dysregulation. Where a person becomes distressed, overwhelmed, dysregulated, withdrawn or unable to continue, the duty holder must respond calmly, seek to understand what has occurred, offer adjustments and support, and agree or clearly explain the next safe step. The response must not be punitive.
-
Safety and immediate risk. Nothing in this section requires a worker to tolerate violence, threats or an immediate risk to any person’s safety. A response to immediate risk must be necessary, proportionate, disability-informed and no more restrictive than required to make the situation safe.
-
Restrictions on contact or access. The Agency must not restrict, alter or channel a person’s contact with the Agency unless:
-
there is specific and recorded conduct that creates a genuine service, safety or resource risk;
-
the Agency has considered whether disability, trauma, communication barriers, unresolved error or previous Agency conduct contributed to the situation;
-
reasonable adjustments and less restrictive responses have been tried or are demonstrably inadequate or unsafe;
-
the restriction is necessary, proportionate, time-limited and approved by an appropriately senior officer;
-
the person and any authorised supporter have been consulted where practicable;
-
the person receives accessible written notice of the conduct relied on, the restriction, reasons, duration, review date and complaint rights; and
-
the person retains an effective accessible channel for urgent issues, new matters, complaints, review rights and information required to prevent harm.
-
-
Conduct that is not enough by itself. Disagreement with an Agency decision, repeated pursuit of an unresolved issue, making a complaint, requesting records or reasons, using an advocate, emotional expression or disability-related communication is not, by itself, a sufficient basis for a contact or access restriction.
-
Review of restrictions. A contact or access restriction must be reviewed at intervals proportionate to its effect and at least every three months. It must end immediately when it is no longer necessary or proportionate.
-
Repair after service harm. If an Agency interaction causes avoidable distress or breaches this section, the Agency must acknowledge what occurred, correct any inaccurate or stigmatising record, apologise where appropriate, offer a safe way to continue the process and take reasonable steps to prevent repetition.
Plain English
Respect is not just using polite words. It means running the process in a way that does not strip the person of dignity, control or the ability to participate.
-
Staff must say who they are, why they are contacting the person and what may happen as a result.
-
People must have enough warning and information to prepare, and a fair chance to arrange an advocate, interpreter, nominee or support person.
-
Staff must use information already held instead of repeatedly requiring a person to describe traumatic or distressing events.
-
Distress, shutdown, repetition, a flat tone, delayed answers or unusual body language are not proof that a person is dishonest, incapable or unreasonable.
-
If the person cannot continue safely or effectively, staff must pause, change the method or reschedule unless immediate safety action is required.
-
The NDIA may protect workers and other people from genuine threats or unsafe conduct. But a contact restriction must be based on evidence, take disability and Agency-caused barriers into account, use the least restrictive workable option, preserve an effective channel and be reviewed.
-
A person cannot be restricted merely because they continue to challenge an unresolved decision or make complaints.
Easy Read
The NDIA must treat you with dignity and respect.
-
Workers must listen to you.
-
Workers must tell you why they are talking to you.
-
Workers must tell you if the talk could change your plan or rights.
-
You can ask for more time, a break or a different way to talk.
-
You can have a supporter, advocate or interpreter.
-
The NDIA must not make you tell a painful story again when it already has the information.
-
Being upset does not mean you are lying or cannot make decisions.
-
The NDIA can act when someone is unsafe.
-
The NDIA must not stop you contacting it just because you disagree or complain.
-
If contact must be limited, you must still have a safe way to get help.
Evidence for this section
- Current legal anchor
NDIS Act section 4 recognises equal rights to worth and dignity, freedom from abuse, neglect and exploitation, pursuit of grievances, choice and control, support in dealings and communications with the Agency, and respect for privacy and dignity.
- Treaty anchor
CRPD principles include inherent dignity and autonomy; article 17 protects integrity of the person. These provisions support the dignity baseline but do not, by themselves, contain the detailed trauma-informed procedure drafted here.
- Existing policy anchor
The Participant Service Charter says the NDIA will recognise individual experience and acknowledge that participants are experts in their own lives.
- Verified internal practice anchor
The draft Dispute Resolution Policy says the Agency will engage respectfully, inclusively, accessibly and in a trauma-informed manner; help people understand and be appropriately supported to participate; connect them with advocacy where required; and enable direct contact with an Agency decision-maker. This closely supports the service model in this section, subject to the document's draft status and dispute-resolution scope.
- Verified internal practice anchor
The Safeguarding the participant's interests Practice Guide describes safeguarding as a day-to-day responsibility and says conversations with a participant, nominee or child representative may identify safeguards. Its stated users span frontline, partner, contact-centre, complaints and escalation roles.
- Verified internal practice anchor
The Managing Unreasonable Behaviour Guideline says staff should act fairly, consistently, honestly and respectfully and that management strategies should consider the person's capacity and circumstances and be proportionate. It also permits substantial contact restrictions. This draft retains legitimate safety protection but adds disability, trauma, procedural-fairness, adjustment and effective-access safeguards.
- Verified internal practice anchor
The Participant Critical Incident Practice Guide applies to all NDIA, National Contact Centre and Partner in the Community staff and records a 'no wrong door' approach for feedback, complaints and other matters. It also recognises that an allegation may involve NDIA staff or another stakeholder, rather than treating Agency conduct as outside safeguarding concern.
- Verified internal practice anchor
The Risk to Self or Others in the Community Priority Enquiry knowledge article states that the Agency has a responsibility to ensure the participant and others are safe, classifies such contact as a priority enquiry and directs contact-centre staff to review account history and follow a defined response process. The detailed Code safeguards remain proposed additions.
- Proposed extension
The trauma-informed preparation and conduct duties, protections against prejudgment from presentation, three-month review period and repair duties are new enforceable standards proposed by this Code.