Australian Association
of Social Workers
National Disability Insurance Scheme Submission
Amendment (Integrity and Safeguarding) Bill 2025
January 2026
Acknowledgements
Acknowledgement of Country
The Australian Association of Social Workers (AASW) acknowledges the Traditional Owners of Country throughout Australia. This submission was written on the lands of the Wurundjeri People of the Kulin Nation. We pay our deep respect to Elders past, present and emerging, and recognise First Nations continuing connection to land, water and community.
Member Contributions
This submission has been informed by feedback from AASW members, the AASW thanks members who contributed their expertise and lived experience insights throughout our consultation processes.
Inclusion Acknowledgment
Through this submission and through practice, the AASW affirms that all people - and in the context of this submission, especially those living with disability - have the right to safety, integrity, self-determination, inclusion, participation and equitable opportunities to achieve their fullest potential.
About the Australian Association of Social Workers
The Australian Association of Social Workers (AASW) is the national professional body representing more than 17,000 social workers throughout Australia. The AASW works to promote the profession of social work, including setting the benchmark for professional education and practice in social work, while also advocating on matters of human rights to advance social justice.
The social work profession in Australia is based on an abiding respect for all persons and the principles of social justice and professional integrity. The AASW’s vision is one of “Wellbeing and Social Justice for All”. To fulfil this vision, the AASW works toward a society in which all people can thrive, develop their potential, contribute to their community, and pursue lives of meaning and purpose. To create such a society, social workers strive to ensure that all people enjoy the fulfilment of all their rights under the International Bill of Rights. ’?°.
The AASW celebrates the NDIS (National Disability Insurance Scheme) as the fulfilment of Australia’s human rights obligations under the Convention on the Rights of Persons with Disability to be the principal decision maker in their life. The AASW welcomes the NDIS’s efforts to uphold rights for participants to access services and supports that have enhanced foundations in safeguarding and integrity.
’ United Nations General Assembly. (1948). Universal declaration of human rights (217 [Ill]
A). https://www.un.org/en/about-us/universal-declaration-of-human-rights
? International Covenant on Civil and Political Rights, Dec. 16, 1966, 999 U.N.T.S. 171 (entered into force Mar. 23, 1976).
3 International Covenant on Economic, Social and Cultural Rights, Dec. 16, 1966, 993 U.N.T.S. 3 (entered into force Jan. 3, 1976).
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For information relating to this submission, please contact the AASW Social Policy & Advocacy Team aT by contacting the author of the Submission:
Jennifer Lewis
_ and — Officer
Executive Summary
The Australian Association of Social Workers (hereafter referred to as ‘AASW’ or the Association’) welcomes the opportunity to contribute to the NDIS Amendment (Integrity and Safe guarding) Bill 2025 (hereafter referred to as the Bill’). The AASW further supports enhancements ofsafeguarding and integrity practices, in any setting, especially across services and systems, where people with enhanced vulnerability may engage or where higher safety risks may exist. As the primary and most foundational support service for people living with disability in Australia, this is a positive and necessary step towards strengthening policy and practices relating to foundational rights of safety, mtegrity and dignity across the National Disab ility nsurance Scheme (NDIS).
The AASW strongly supports the intent of the amendments; to enhance safeguarding and integrity practices and polices are strengthened across the NDIS. However, effective implementation will require systematic and operational development with respect to the integration of these amendments, including training, resource development, ongoing governance and quality assurance mechanisms. Additionally, while in Schedule 2, there appears to be a shift to electronic administration processes to help enhance efficiency, the NDIS must employ adaptable processes at all levels of client-facing interaction to be as accessible as possible.
The AASW makes the recommendations as outlined below and does so as a profession that is already well embedded across the NDIS and as one that holds significant expertise in functional assessments, care planning and coordination, bio-psycho-social interventions, crisis intervention, support for families and carers and more.* °. As the profession is deeply engaged across the sector, social workers are central to enhancing the existence of safeguarding and integrity practices across the NDIS. Working at the intersection of the individual and society, social workers are also specialists in addressing both the immediate impacts of integrity and safeguarding concerns - across various contexts - and the broader systemic and cultural contexts that influence outcomes for children, young people, families and communities.®
The AASW urges the NDIS to draw upon the expertise of social workers to enhance rights based practice, person-centred approaches, which will ultimately strengthen ethical conduct and improve the quality-of-service provision and care across the NDIS.
- Australian Association of Social Workers. (2023). Practice Standards 2023.
Australian Association of Social Workers. (n.d.). What social workers do. AASW. Retrieved September 29, 2025, from https://www.aasw.asn.au/social-work/about-social-work/what social-workers-do/
6 Australian Association of Social Workers. (2020). Code of Ethics. AASW. https://www.aasw.asn.au/about-aasw/ethics-standards/code-of-ethics/
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Schedule 1:
As reflected by the amendments in Schedule 1, matters of serious or systemic misconduct against participants should be met with strong and enforceable penalties, with the equivalent enhanced powers for the Commission to implement these changes. These changes are required to help ensure effective safeguarding is enacted by treating serious matters of misconduct as enforceable or criminal matters. This amendment alone enhances safeguards for those engaging with the NDIS and raises expectations for personnel regarding conduct.
While these reforms have the potential to enhance participant safety, reduce risk, and improve service experiences, their effectiveness depends on the development ofclear procedural guidelines, increased sector-wide awareness, and targeted traming to ensure consistent and efficient implementation. Without ensuring practices are updated, and personnel are sufficiently trained and supported to implement these amendments effectively, this could become another national example of disconnect between policy and practice. Any procedures relating to misconduct, complaint management, and transparency and accountability with respect to these will need to be updated to ensure consistency across the NDIS, while ensuring alignment with the NDIA and other key services or professional bodies.
The new penalties are generally supported by the AASW, given that they are delivered through a process that upholds rights to procedural fairness while ensuring that these changes are implemented in a way that supports a smooth transition. The NDIS also has accountability to ensure that those expected to comply with these new criminal offences are made aware of their obligations. In relation to the civil penalties, these need to be delivered in a fair manner. For example, there may be many reasons why a practitioner does not provide information to the NDIS (Figure 1. Changes to Penalties Table, Section 57) within the required timeframes. Additional provisions or safeguards are required to ensure that these new requirements do not unreasonably impact professionals, especially those in private practice, or those working with culturally and linguistically diverse communities, with First Nations Community members, in rural or remote areas or in other settings that experience internet accessibility or connectivity issues or other support or access issues.
The proposed amendments can contribute to raising practice standards, but if implemented in a way that results in excessive administration burden or are delivered in a punitive manner, they may deter engagement from a sector that is already under-resourced in some regions. These same considerations apply to the proposed amendments regarding the Commission’s enhanced information gathering powers. Furthermore, there should be extensions on these requirements in circumstances where it may be deemed necessary, and there should be clear processes that apply in instances where a provider is unable, for reasons out of their control, to meet these requirements.
Recommendations:
1: Implementation of these amendments should be delivered through a clear and transparent staged approach.
2: In responding to matters of misconduct, the Commission’s new enforcement powers should be enacted in consideration of and in consultation with any relevant professional association or regulator. New powers should not be an additional reporting avenue for practitioners, but should be arranged in conjunction with the overarching professional body.
3: Ensure that other policies and procedures relating to misconduct are updated to ensure consistency across the sector and to help minimise the risk of procedural and reporting gaps.
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4: All professions expected to enact the amendments outlined in the Bill must undergo training and mentoring that supports effective implementation.
5: All new obligations (including civil penalties or criminal offences) must be operationalised transparently through procedures and equivalent resources.
Schedule 2:
Reforms outlined in Schedule 2 introduce plan flexibility and stronger protections around withdrawal from the NDIS. These, alongside the other front-line administrative changes, help ensure that decisions to withdraw from the NDIS are informed, voluntary, and are in the best interests of the participant. These reforms support the concept of ‘choice and control’, which are fundamental to service delivery across the NDIS. However, while reforms regarding electronic-only claims are proposed to help enhance efficiency and data integrity, these are not always beneficial, accessible or equitable options. Information should be able to be collected in various formats to enhance service accessibility.
The AASW views these reforms as having the potential to reduce stances ofimappropriate or pressured withdrawal Particularly for particpants experiencmg complex needs, service gaps, or system fatigue. Whilst strengthening safe guards which are especially important for people who face additional barriers to navigating administrative processes, including people with cognitive or psychosocial disability, limited digital access, language barriers, or experiences of trauma. However, while proposals to expand electronic-only claims and digital administration processes may enhance efficiency and data integrity, they risk exacerbating existing equities ifimplemented as default or mandatory systems, as digital-only approaches are not always accessible, culturally safe, or practical, particularly in rural and remote communities, among Aboriginal and Torres Strait Islander peoples, and within culturally and linguistically diverse communities. To uphold the principles of equity, accessibility, and participant-centred practice, nformation and administrative processes must remain flexible and available through multiple formats, including paper-based, in-person, telephone, and supported digital options, enabling participants to choose the method of engagement that best meets their needs and circumstances.
Recommendations:
6: Claim form, and other administrative processes should be individualised and accessible for all practitioners or people regardless of ability, cultural background or location, particularly for Aboriginal and Torres Strait Islander people, and people from culturally and linguistically diverse backgrounds.
7: Multiple pathways for submitting claims and engaging with administrative systems should be maintained, including non-digital options, to prevent digital exclusion, particularly for older people.
8: Culturally safe and trauma-informed approaches should be embedded within withdrawal and transition processes, including access to independent advocacy and social work support where appropriate.
9: Clear guidance and accessible information should be provided to participants about their rights, options, and implications of withdrawal, in plain language and translated formats.
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10: Targeted workforce training should be delivered to ensure staff are equipped to support participants through complex administrative and withdrawal processes in a respectful and rights-based manner.
11: Ongoing monitoring and evaluation should be implemented to assess the impact of digital and administrative reforms on equity, access, and participant outcomes, particularly for priority populations.
12: The NDIA should continue to consult with representative bodies, including the AASW and disability advocacy organisations, to inform continuous improvement of administrative systems.
Conclusion
The AASW supports the intent of the NDIS Amendment (Integrity and Safeguarding) Bill 2025 and recognises its potential to strengthen participant safety, accountability, and service quality. However, the effectiveness of these reforms will depend on clear guidance, accessible systems, appropriate training, and strong governance arrangements.
Without careful and well-resourced implementation, there is a risk that legislative intent will not translate into improved practice. Safeguarding must be embedded not only in policy, but in everyday systems, workforce capability, and organisational culture.
As a profession embedded across the NDIS, social workers bring essential expertise in safeguarding, advocacy, and systemic practice. The AASW urges ongoing collaboration with the sector to ensure these reforms are implemented in a fair, accessible, and sustainable manner, ultimately improving outcomes for people with disability and their communities.
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© Australian Association of Social Workers
Melbourne office
Level 7, 14-20 Blackwood St
NORTH MELBOURNE 3051
PO Box 2008
Royal Melbourne Hospital VIC 3050
ACN 008 576 010
ABN 93 008 576 010
T: 03 9320 1000
For general enquiries please contact: social.policy@aasw. asn.au
For enquiries relating to the Submission, please contact:
Jennifer Lewis, Social Policy and Advocacy Officer
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