Purpose, scope and application

Name. This instrument is the NDIA Service Code.

Purpose. The purpose of this Code is to ensure that the National Disability Insurance Agency administers the National Disability Insurance Scheme lawfully, fairly, accessibly, safely, transparently and consistently with the human rights of people with disability.

Objects. The objects of this Code are to:

1. translate the objects and principles of the National Disability Insurance Scheme Act 2013 into clear minimum standards for everyday service and administration;

2. protect the dignity, autonomy, equality, participation, privacy, safety and choice and control of people with disability;

3. ensure that people affected by Agency action can understand, participate in and influence processes and decisions that affect them;

4. prevent foreseeable harm caused by inaccessible, unfair, delayed, misleading, unsafe or poorly administered Agency processes;

5. make service failures identifiable, reviewable and capable of timely and effective remedy; and

6. support transparent monitoring, learning and systemic improvement led by the experiences of people with disability.

Duty holders. This Code applies to each of the following when performing, assisting with or supporting an Agency function or service:

1. the Agency, its Board, Chief Executive Officer and delegates;

2. Agency employees, secondees, consultants, labour-hire personnel and volunteers;

3. Partners in the Community, including Local Area Coordination and early childhood partners;

4. contact-centre operators, review and complaint personnel, payment and integrity personnel, and any other contractor or subcontractor acting for or on behalf of the Agency; and

5. any other person or entity authorised, engaged or funded to perform an Agency-facing function that affects a person under the Scheme.

People protected. This Code protects any person affected by an Agency function or service, including:

1. a person with disability seeking information or assistance, whether or not the person has made an access request;

2. a prospective participant, participant or former participant;

3. a nominee, child representative, family member, carer, supporter, advocate or other person assisting a person with disability; and

4. a provider, support coordinator, recovery coach, treating professional or other person dealing with the Agency about the rights, interests or supports of a person with disability, subject to consent and privacy law.

Functions and interactions covered. This Code applies to all Agency functions and service interactions, including information and enquiries; access; planning; plan implementation; payments; check-ins; variations and reassessments; nominee matters; safeguarding and critical incidents; integrity and compliance activity; records and information access; complaints; internal review; Administrative Review Tribunal matters; and any step taken before, during or after those processes.

Responsibility cannot be outsourced. The Agency remains responsible for compliance with this Code where a function or service is performed by a partner, contractor, delegate, automated system or other person acting for or on behalf of the Agency.

Operational constraints are not an excuse. A duty holder must not rely on workload, staffing, key performance indicators, workflow design, automated recommendations, information-technology limitations, contractor arrangements or internal policy as a reason for failing to comply with this Code.

Relationship with funding law. This Code does not alter the statutory criteria governing access, plans or funded supports. Those criteria must be applied according to law. Compliance with those criteria does not excuse a failure to comply with a service or process duty in this Code, and compliance with this Code does not validate a decision that is otherwise unlawful.

Minimum standard and non-derogation. This Code sets minimum standards. A law, enforceable standard or policy that gives a person greater protection continues to apply. An internal instruction, contract or policy must not reduce a protection in this Code.

Other rights preserved. Nothing in this Code limits a person’s right to seek reasons, records, correction, review, appeal, judicial review, a discrimination remedy, a privacy remedy, compensation, advocacy assistance or any other remedy available under law.

Breach. A failure by a duty holder to comply with a requirement expressed as must, must not or is required to is a breach of this Code. A breach may be found and remedied whether or not the underlying access, funding or plan decision is changed.