Joint Standing Committee
Inquiry into the National
Disability Insurance
Scheme Quality and
Safeguards Commission
Submission by the Queensland Department of
Communities, Disability Services and Seniors
August 2020
.. Queensland Government R
Executive summary
This submission provides information to inform the following Terms of Reference of the Committee’s Inquiry:
The human and financial resources available to the NDIS Quality and Safeguards Commission (NDIS Commission), and whether these resources are adequate for the NDIS Commission to properly execute its functions. Management of the transition period, including impacts on other commonwealth and state-based oversight, safeguarding, and community engagement programs. Any related matters – key priority areas of focus to continue to improve the operation of the Quality and Safeguarding framework.
A sophisticated quality and safeguards system is a key foundation to any disability service system. Since the commencement of the National Disability Insurance Scheme (NDIS), significant effort has been made by the Queensland and Commonwealth Governments and the NDIS Commission to ensure a smooth transition of quality and safeguarding arrangements from the state based system to the NDIS, leading up to the commencement of the jurisdiction of the NDIS Commission in Queensland on 1 July 2019.
Prior to the commencement of operation of the NDIS Commission in July 2019, Queensland maintained a stringent state based quality and safeguarding framework which had been in place for over a decade and applied to providers of specialist disability services funded or delivered by the Department of Communities, Disability Services and Seniors. The existing state based framework was delivered both under legislation (criminal history screening; restrictive practices framework; complaints management process) and through contractual arrangements (quality system compliance; critical incident reporting policy). An established
historical knowledge base and significant skill and expertise across the Queensland
Government workforce, refined over more than ten years, ensured expertise in the delivery of this framework.
At the time Queensland signed the NDIS Transition Bilateral Agreement in March 2016, it was agreed that existing Queensland and Commonwealth quality and safeguarding arrangements would continue to apply until 30 June 2019, or until such time as a quality and safeguarding framework had been agreed and implemented (clause 32, and Schedule F).
As Queensland transitioned to the NDIS, the Queensland Government has carefully managed
the shift from the state based quality and safeguarding framework to the national
arrangements to ensure there was no decrease in safeguards for people with disability.
As committed to under the NDIS Transition Bilateral Agreement, in November 2018 the Queensland and Commonwealth Governments entered into the Quality assurance and
safeguards working arrangements for transition to the NDIS in Queensland (Working
Arrangements) which outlined the respective roles and responsibilities of the National
Disability Insurance Agency (NDIA), Queensland and Commonwealth Governments for
implementing quality and safeguards during transition. The operational arrangements enabled appropriate quality and safeguarding protections to endure through transition, including registration processes for providers, criminal history screening, complaints management, restrictive practices and monitoring and compliance.
The significant investment of the Queensland Government in the NDIS resulted in the transfer of the majority of safeguarding functions to the NDIS Commission. On 1 July 2019, the jurisdiction of the NDIS Commission commenced in Queensland and signalled a significant shift in the role and responsibilities of the Queensland Government. The Queensland
Government has only maintained responsibility for limited aspects of the quality and
safeguarding framework under the NDIS, including worker screening, authorisation of the use 2
of restrictive practices; and operating a community visitor function. Queensland continues to advocate for, and work with the NDIS Commission, on the ongoing development and refinement of quality and safeguarding functions at a Commonwealth level. Queensland has also maintained a robust quality and safeguarding framework for services provided outside of the NDIS.
In comparison to the former state based framework that had been embedded for over a
decade, the NDIS Commission is newly established, and has only been operating in
Queensland since 1 July 2019. However, its responsibilities and core functions are vast and include:
the promotion of the health, safety and wellbeing of people with disability receiving services and supports; developing nationally consistent quality and safeguards for people with disability receiving supports; the promotion of continued improvement of NDIS providers and the delivery of
services, including the monitoring of registered providers for compliance with
conditions of registration; the investigation, management, conciliation and resolution of complaints; overseeing the use of behaviour supports and restrictive practices; the coordination of information sharing; and market oversight (Chapter 6A, National Disability Insurance Scheme Act 2013 (Cth)).
As a significant shareholder in the scheme, the Queensland Government has a strong interest in ensuring that the transfer of quality and safeguarding functions results in the provision of
high quality and safe services to NDIS participants in Queensland. The Queensland
Government is also concerned to ensure that the regulatory system is streamlined and encourages market growth and development.
In this regard, it is critically important that the NDIS Commission is appropriately resourced to ensure proper execution of its functions, including the foundational work required to embed an entirely new quality and safeguarding framework in the context of one of the most significant social reforms of our history.
There are a number of key focus areas for the NDIS Commission that should be considered a priority in order to progress towards more nationally consistent and stronger safeguards under the NDIS, including:
increasing oversight to reduce violence, abuse and neglect against persons with disability; increasing the accessibility of safeguards for people with disability; driving growth in market capacity and capability in quality and safeguarding functions (for example, behaviour support); promoting innovation and national consistency in the design and delivery of best practice safeguards to reduce red tape, streamline regulation and encourage market growth; and developing robust information sharing and data population tools to improve safeguards for individuals with disability and enhance systemic monitoring and the identification of areas of reform to increase safeguards for people with disability.
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Management of the transition period in Queensland
Prior to the transition to the NDIS, Queensland had a comprehensive quality and safeguarding framework established through legislation and contractual arrangements which applied to providers of disability services funded or delivered by the Queensland Department of Communities, Disability Services and Seniors.
The Queensland quality and safeguards framework was made up of legislative and contractual obligations.
Complaints management, criminal history screening and a restrictive practices regime for the
provision of disability services, which were delivered or funded by the Queensland
Government, were provided for under the Disability Services Act 2006 (DSA). The monitoring and investigation of serious concerns was provided for under the Community Services Act 2007 (CSA). Further detail on the safeguards in place is available in Attachment 1.
Quality system compliance, Critical Incident Reporting and compliance with the Abuse, Neglect and Exploitation Policy, were provided for through service agreements with funded disability providers. Further detail is available in Attachment 1.
The quality and safeguarding framework in Queensland was extensive and had been in operation, supported by skilled clinicians and public service officers, for over a decade. The significant investment made by the Queensland Government to transition to the NDIS meant that the majority of quality and safeguarding functions were transitioned to the NDIS Commission.
The fact that Queensland had strong legislative systems in place in relation to key
safeguarding components, such as worker screening and the regulation of restrictive
practices, meant that Queensland has needed to adopt a considered approach to changes in the quality and safeguarding landscape to ensure an effective transition and no reduction of safeguards for people with disability in Queensland.
Queensland commenced an early launch and transition to the NDIS from 1 April 2016. Prior to this, Queensland’s quality and safeguards framework applied to providers of disability services funded or delivered by the Department of Communities, Disability Services and Seniors. However, the shift away from a contractual relationship with providers as the NDIS
was progressively rolled out across the State during transition, would have gradually
eliminated the authority of the Queensland Government and resulted in the loss of existing contractual and legislative safeguards.
As such, legislative amendments were made to support transition, and the quality and
safeguards Working Arrangements between the Queensland and Commonwealth
Governments, and the NDIA, were put in place in November 2018, to ensure Queensland’s quality and safeguards framework continued to apply during the transition period to both providers of disability services funded by the Queensland Government and providers of supports funded through the NDIS. This ensured that Queenslanders who received supports through both mechanisms (State and NDIS funded) received the same level of high quality services and stringent safeguards during transition.
The legislative amendments and transitional arrangements ensured that roles and
responsibilities were clearly articulated, the implementation of safeguards were monitored and issues that arose during transition were escalated and managed appropriately.
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Key quality and safeguards which were maintained by the Queensland Government during transition included the complaints management, worker screening, restrictive practices, monitoring and compliance, Community Visitor Program and Deaths in Care frameworks. The safeguards were maintained through legislative amendments and transitional arrangements which extended the jurisdiction of the existing safeguards to include NDIS providers, in addition to disability services funded or delivered by Queensland Government. Further detail on the amendments and transitional arrangements can be found in Attachment 1.
On 9 July 2019, the Bilateral Agreement between the Queensland and Commonwealth Governments on the NDIS (FSA), which outlined full scheme arrangements, was signed. From 1 July 2019, the NDIS Commission commenced operation in Queensland and the quality and safeguarding arrangements outlined in the FSA applied.
The functions of provider registration, quality and safety standards and codes of conduct,
market oversight, the facilitation of information sharing and complaints and incident
management became the responsibility of the NDIS Commission. The Queensland
Government remained responsible for components of the quality and safeguarding framework, including: disability worker screening, authorisation of the use of restrictive practices and the operation of a Community Visitor Program.
In order to enable the full scheme transition of the NDIS and the commencement of the NDIS Commission and its extensive responsibilities, the Queensland Government made further legislative amendments and policy and procedure improvements, through the Disability Services and Other Legislation (NDIS) Amendment Act 2019 (Qld). The amendments ensured:
Queensland’s existing worker screening system was strengthened and amended to enable providers to meet their obligations under the NDIS (Practice Standards – Worker Screening) Rules 2018 from 1 July 2019. Further detail can be found in Attachment 1.
Queensland legislation is able to operate in conjunction with the NDIS (Restrictive
Practices and Behaviour Support) Rules 2018, while ensuring there is no consequent reduction in safeguards for Queenslanders. Further detail can be found in Attachment 1. The Community Visitor Program was maintained and scope refined to ensure that community visitors (adult and child) continue to visit ‘visitable sites’ where there are NDIS participants who are in receipt of high levels of support and care. Further detail can be found in Attachment 1. The death of an NDIS participant is appropriately reported and reviewed. Legislative changes were made to ensure that the deaths of certain NDIS participants continued to be reported to the State Coroner. Further detail can be found in Attachment 1. Information sharing between the NDIS Commission and Queensland could be facilitated
to assist with the performance of the NDIS Commissioner’s functions under
Commonwealth legislation. Queensland and the NDIS Commission have progressed to the final stages of negotiating an information sharing schedule, between the NDIS Commission and Queensland, to support the regulatory functions of the NDIS Commission (improve the quality of services, investigate and resolve issues, strengthen skills) and prevent regulatory gaps from emerging in the future.
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Key areas of focus to continue progress towards more nationally consistent and stronger safeguards under the NDIS
As outlined above, the Queensland Government has transitioned significant elements of its established state based quality and safeguards framework to the NDIS Commission. The NDIS Commission now has extensive responsibilities and oversight for NDIS participants.
As a shareholding state in the scheme with a $2.128B (2020-21) contribution at full scheme, Queensland has social, humanitarian and economic interests in ensuring the effectiveness of the quality and safeguarding arrangements under the NDIS Commission, and more broadly, the NDIS.
As noted above, the Commonwealth and states and territories have committed to implement the NDIS which is transforming the disability services landscape and has the potential to provide wide-ranging benefits, and opportunities for innovation and reform in the way Australian’s receive disability supports and services. A number of these key opportunities are outlined below.
Increasing oversight to reduce violence, abuse and neglect against persons with disability It is noted that the recent South Australian Taskforce report on safeguarding arrangements for persons living with disability reinforced the value of community connections and found that the best safeguard for any potentially vulnerable individual is to have a number of people in their lives, which ultimately affords an additional and important safeguard for all forms of neglect or abuse.
The Taskforce found that vulnerability is increased by social isolation, lack of proper care from service providers, a lack of external systems or checks through support or local area coordination and inadequate systems in place to vet the quality of services and to respond to concerns.
The NDIS Commission has a unique opportunity as the national regulator of specialist disability services to have a significant impact on the level of oversight available for NDIS participants to ensure they are protected for abuse, neglect and exploitation.
Development of the NDIS Commission as a leader in increasing the accessibility of safeguards for people with disability Many of the current safeguards, such as mechanisms for escalating participant issues, support coordination, participant pathway improvements, complaints and reportable incidents, have been in place for some time. The NDIS Commission has a unique opportunity to transform the current framework to place the person with disability at the centre of the safeguards, and enhance their access to complaints and investigative processes, by utilising person centred approaches within the NDIS Commission’s own complaints management and critical incident proceedings.
There is also an opportunity for the NDIS Commission to increase the capacity of people self managing their plans to be informed about safeguarding options and how to access safeguards to reduce the risk of abuse, neglect and exploitation.
Driving growth in market capacity and capability One of the core functions of the NDIS Commission is to provide NDIS market oversight. The existing thin markets issues in the NDIS are a well-known and acknowledged issued and it is critical that effective market oversight occur to identify areas of emerging risk and to increase market capacity to provide high quality and safe services.
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A key area of focus to ensure growth in market capacity and capability is in relation to behaviour support. The commencement of the jurisdiction of NDIS Commission in Queensland resulted in the transfer of responsibility for regulating and monitoring the use of restrictive practices, with states and territories remaining responsible for the authorisation of restrictive practices.
The NDIS Commission has core behaviour support functions to:
build capability in the development of behaviour supports through developing and implementing a competency framework for registered NDIS providers whose registration includes the provision of behaviour support assessments and developing behaviour support plans; and assessing the skills and experience of such providers against the competency framework; develop policy and guidance materials in relation to behaviour supports and the reduction and elimination of the use of restrictive practices by NDIS providers; provide education, training and advice on the use of behaviour supports and the reduction and elimination of the use of restrictive practices; oversee the use of behaviour support and restrictive practices, including by: o monitoring registered NDIS provider compliance with the conditions of registration relating to behaviour support plans; o collecting, analysing and disseminating data and other information relating to the use of behaviour supports and restrictive practices by NDIS providers; and undertake and publish research to inform the development and evaluation of the use of behaviour supports and to develop strategies to encourage the reduction and elimination of restrictive practices by NDIS providers; assist the States and Territories to develop a regulatory framework, including nationally consistent minimum standards, in relation to restrictive practices.
While the NDIS Commission has successfully driven work towards greater national
consistency in relation to the authorisation of restrictive practices, it is critical that this work is
accompanied by the necessary growth in market capacity and capability to support
implementation by States and Territories.
In order to effectively complement the various reform processes in place across jurisdictions, urgent further work is required to:
assess the skills and experience of providers against the competency framework to provide states and territories with data in relation to the level of market capacity and capability within their jurisdiction; develop and implement a comprehensive education and training program to increase capability in relation to the use of behaviour supports and ensure the reduction and elimination of the use of restrictive practices remains a primary goal; develop the capacity to provide granular data in relation to the use of restrictive practices at a State level by type of restrictive practice to enable systemic identification of issues and areas for reform and compliance activity; develop a targeted strategy to incentive providers to enter and actively engage in the behaviour support market.
Anecdotal evidence suggests that the behaviour support market in Queensland is generally
struggling to meet demand and there is an insufficient number of providers outside
government with the expertise to deliver behaviour support services, particularly those of a more complex nature.
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The inclusion of aged care providers within the scope of the NDIS Commission jurisdiction from 1 December 2020 is a welcome reform, but will potentially further increase the number of Positive Behaviour Support Plans that are required to be prepared and increase demand on the sector.
Market capacity and capability are critical threshold issues for Queensland in considering any reforms that may result in an increase of demand in the market, or require expertise that is still developing.
Promote innovation and national consistency in the design and delivery of safeguards to reduce red tape and encourage market growth The collaborative work toward nationally consistent worker screening frameworks, and the establishment of the first national criminal history system, is demonstrative of the potential of the NDIS Commission, Commonwealth and State and Territory Governments to collaborate effectively for the benefit of providers and participants and move toward further nationally consistent safeguarding systems.
There is an opportunity for the NDIS Commission to proactively consider the intersection of the NDIS Quality and Safeguarding Framework with other regulatory systems and work collaboratively with those systems to minimise duplication and create streamlined processes for providers that encourage entry into the NDIS market.
Development of robust information sharing and data population tools As the NDIS Commission has the ability to establish itself and mature in its functions and expertise, the NDIS Commission will have the ability to collect, analyse and disaggregate data for systemic monitoring and quality improvement purposes at the jurisdictional and system level.
This will provide an opportunity to identify modifiable risk factors in the lives of people with disability and identify areas of action required at both the individual and systemic level.
As outlined above, the NDIS Commission is a relatively new organisation that has assumed significant responsibility for ensuring the quality and safety of NDIS participants in the context of a national scheme that is still to mature. Additionally, in a formative year, the NDIS Commission has held the responsibility for ensuring registered providers are informed and supported to deliver quality and safe supports and services to NDIS participants and providers during the unprecedented coronavirus pandemic.
It is critical that an assessment of the NDIS Commission’s capacity is undertaken to ensure it is sufficiently resourced to maintain, and ultimately improve upon the level of quality and safeguarding provided by the Queensland Government prior to the commencement of the NDIS Commission in the context of significant foundational work needing to occur over the early years of the scheme.
The Queensland Government welcomes the Joint Standing Committee Inquiry, and the potential the NDIS Commission has to drive innovation and build upon the foundations of the quality and safeguarding frameworks which existed prior to the NDIS. In order to ensure accountability and transparency, the Commonwealth should institute regular reporting on any recommendations made by the Joint Standing Committee in relation to the NDIS Commission.
The review of the Quality and Safeguarding Framework Review also provides an opportunity to examine the effectiveness of the operation of the framework, in particular to explore the current functions of the NDIS Commission and any reform necessary.
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ATTACHMENT 1
Outline of Queensland Quality and Safeguarding arrangements: prior to, during and after NDIS transition
Quality and Prior to NDIS During transition to NDIS After the commencement of the NDIS
Safeguard Quality and Safeguarding Commission
function (NDIS Commission) (1 July 2019)
Complaints Queensland operated a complaints ‘Quality assurance and safeguards The NDIS Commission is responsible
management management system under the Disability working arrangements for transition to for receiving and responding to
Services Act 2006. the NDIS in Queensland’ (Working complaints and reportable incidents,
Consumers, family members, carers or Arrangements, 2018) stipulated: including abuse or neglect of a person
advocates of consumers, could make a o Queensland managed complaints with disability.
complaint to the chief executive about The NDIS Commission requires received from participants, their
the delivery of disability services by a registered providers to have effective family, carers or advocates about
Queensland funded service provider. and proportionate internal complaint NDIS providers, government management and resolution delivered services, government arrangements in place.
funded providers or prescribed Queensland continues to operate a
disability services. complaints management system for
o The NDIA operated a complaints certain disability services that it
management system for complaints continues to fund, or deliver, outside of in relation to agency staff, agency the jurisdiction of the NDIS Commission processes, market capacity and (for example, the Department of service provision. Communities, Disability Services and
Queensland continued to operate a Seniors Accommodation Support and
Respite Service). complaints management system for disability services funded or delivered by Queensland.
Criminal history Queensland operated a ‘Yellow Card Queensland extended the operation of Queensland continues to administer the
worker worker screening’ system under the the Disability Services Act 2006 and the worker screening function (as at July
screening Disability Services Act 2006. Yellow Card screening system to include 2020).
Persons engaged by the government, or NDIS providers. The Disability Services and Other
government funded service providers, The amendments were designed to Legislation (Worker Screening)
were subject to criminal history ensure that the workforce (regardless of Amendment Bill 2020 was introduced on
screening. whether the provider was funded by the 18 June 2020 to support nationally
consistent worker screening in
Quality and Prior to NDIS During transition to NDIS After the commencement of the NDIS
Safeguard Quality and Safeguarding Commission
function (NDIS Commission) (1 July 2019)
If a provider delivered services to State or NDIS), had undergone Queensland and meet commitments
children and young people, criminal appropriate and consistent screening. under the NDIS Quality and
history screening under the Blue Card N.B Queensland signed the Safeguarding Framework and
system was required. Intergovernmental Agreement on Intergovernmental Agreement on
Nationally Consistent Worker Screening Nationally Consistent Worker Screening
for the NDIS on 3 May 2018. for the NDIS. If the Bill is passed, implementation of nationally consistent NDIS worker screening will mean clearances and exclusions will be nationally portable across roles and employers within the NDIS in all states and territories. It will also strengthen safeguards for people with disability (for example, through ongoing monitoring of a screened worker’s national criminal history). Current screening requirements under the Disability Services Act 2006 and Working with Children (Risk Management and Screening) Act 2000 will continue until NDIS Worker Screening commences. Queensland will also continue to operate a state disability worker screening system for certain disability services that it continues to fund, or deliver, outside of the jurisdiction of the NDIS Commission. In addition, people providing services to children with disability will continue to be required to hold a blue card.
Restrictive Queensland operated a positive Queensland amended the Disability The NDIS Commission assumed
practices behaviour support framework under the Services Act 2006 to extend the responsibility for the monitoring and
regime Disability Services Act 2006 and the jurisdiction of the Positive Behaviour compliance functions for the use of
Guardianship and Administration Act Support Framework to NDIS providers. restrictive practices by NDIS providers.
2000.
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Quality and Prior to NDIS During transition to NDIS After the commencement of the NDIS
Safeguard Quality and Safeguarding Commission
function (NDIS Commission) (1 July 2019)
The framework regulated the The amendments were designed to ensure Queensland retains responsibility for
authorisation, monitoring and reporting that providers, funded through the NDIS or authorising the use of restrictive
of the use of restrictive practices. Queensland government, were required to practices for adults with cognitive
The framework applied to a funded comply with the positive behaviour support disability.
service provider in relation to the framework. provision of disability services to all adults (aged over 18 years) with an intellectual or cognitive disability receiving disability services from the funded service provider. Legislative safeguards included the requirement for multidisciplinary assessments, the development of positive behaviour support plans for the use of containment or seclusion and reporting requirements on the use of restrictive practices.
Monitoring and Queensland provided for the monitoring Queensland progressed legislative The NDIS Commission is responsible
Investigation of and investigation of serious concerns amendments to the Disability Services for receiving and responding to
serious under the Community Services Act 2007. Act 2006 to ensure the Queensland complaints and reportable incidents,
concerns Funded services providers were required Government: including abuse or neglect of a person
to comply with the Community Services o had the necessary powers to with disability.
Act 2007 and Disability Services Act 2006. Queensland maintains responsibility for monitor the compliance of NDIS
Queensland Government had powers to monitoring and compliance activities for service providers and services
enter places or request information if a Queensland Government delivered or funded or delivered by the
serious concern had arisen in regard to a funded services. Queensland Government. providers improper use of funding, the
o could invoke the powers investigate failure to deliver a funded product or
issues concerning abuse, neglect or service, harm caused to an individual or failure to comply with the Disability exploitation of people with disability, Services Act 2006. service delivery failures and to check whether NDIS service providers were complying with the Disability Services Act 2006.
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Quality and Prior to NDIS During transition to NDIS After the commencement of the NDIS
Safeguard Quality and Safeguarding Commission
function (NDIS Commission) (1 July 2019)
Community Queensland operated a Community Queensland progressed legislative Queensland continues to maintain the
Visitor Program Visitor Program under the Public Guardian amendments to extend the Community Community Visitor Program.
Act 2014. Visitor Program jurisdiction to apply to Further amendments were made to
Community visitors made announced and NDIS participants receiving funded ensure it focused on higher risk NDIS
unannounced visits, at certain ‘visitable supports. participants (i.e. adults with impaired
sites’, to ensure clients are cared for, capacity in receipt of high levels of advocate that the services are provided in support and care) and children at accordance with the standards of care ‘visitable sites’ (including places where and charter of rights, make inquiries, and ‘respite services’ are provided, but lodge complaints for, or on behalf of, excluding private dwellings). consumers.
Deaths in care Queensland administered a Deaths in Queensland progressed legislative Queensland continues to operate a
Care framework, under the Coroners Act amendments to the Coroners Act 2003 to deaths in care framework.
2003, for the reporting and independent extend the operation of the deaths in care Legislative amendments were made to the
investigation of deaths of people in care, reporting and investigations functions to definition of a ‘death in care’ to ensure that
including the death of a person with a persons with a disability receiving NDIS the deaths of certain NDIS participants
disability who lived in certain stated supports, which were living in (those in receipt of high levels of support
funded health and disability residential accommodation (other than a private and care) continued to be reported to the
care services. dwelling or aged care facility) during Coroner.
transition. These changes achieved consistency with the original scope of coronial jurisdiction for deaths in care of people with disability, with a focus on those people who require high levels of support, in a residential setting.
Quality System Queensland provided for quality Queensland Government and NDIS The NDIS Commission assume
compliance compliance through service agreements funded providers were required to comply responsibility for ensuring NDIS providers
with funded providers. with the Queensland Human Services meet and are audited against the relevant
Funded providers were required to comply Quality Framework and associated Quality NDIS Code of Conduct and Practice
with the Human Services Quality Standards. Standards by the NDIS Commission.
Framework and associated Quality Queensland will continue to comply with
Standards. the for Human Services Quality
The framework included a requirement to Framework and associated Quality meet the Human Services Quality Standards for certain disability services
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Quality and Prior to NDIS During transition to NDIS After the commencement of the NDIS
Safeguard Quality and Safeguarding Commission
function (NDIS Commission) (1 July 2019)
Standards which required an assessment that it continues to fund, or deliver, outside and certification process to measure the of the jurisdiction of the Commission . performance of providers against the The current Human Services Quality standards, establish and operate a clear Framework and associated Quality and accessible complaints system to Standards can be found: receive and resolve complaints about https://www.communities.qld.gov.au/indust service provision and a continuous ry-partners/funding-grants/human improvement framework. services-quality-framework/overview The standards encompassed governance standards. and management, service access, responding to individual need, safety wellbeing and rights of participants, feedback, complaints and appeal processes and human resources. The standards were accompanied by performance indicators
Abuse, Neglect Queensland provided for compliance with NDIS funded providers were required to The NDIS Commission is responsible
and the then ‘Preventing and Responding to comply with the Queensland Human for receiving and responding to
Exploitation the Abuse, Neglect and Exploitation of Services Quality Framework and complaints and reportable incidents,
People with Disability Policy’ (dated 1 July associated Quality Standards, which including abuse or neglect of a person
2014), through service agreements with included a requirement to evidence with disability.
funded providers. compliance with a policy consistent with Queensland will continue to comply with
the then DCDSS ‘Preventing and the for Human Services Quality Responding to the Abuse, Neglect and Framework, associated Quality Exploitation of People with Disability Standards and the Preventing and (dated 1 July 2014) Policy’. Responding to the Abuse, Neglect and Queensland funded providers were Exploitation of People with Disability required to comply with the then policy for certain disability services that it ‘Preventing and Responding to the Abuse, continues to fund, or deliver, outside of Neglect and Exploitation of People with the jurisdiction of the NDIS Commission.
Disability (dated 1 July 2014)’ policy, The current ‘Preventing and Responding
through service agreements to the Abuse, Neglect and Exploitation of People with Disability’ can be found: https://www.communities.qld.gov.au/disa
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Quality and Prior to NDIS During transition to NDIS After the commencement of the NDIS
Safeguard Quality and Safeguarding Commission
function (NDIS Commission) (1 July 2019)
bility-connect-queensland/preventing responding-abuse-neglect-exploitation
Critical Incident Queensland provided for compliance with NDIS and Queensland Government The NDIS Commission is responsible
Reporting the then ‘Critical Incident Reporting Policy providers were required to comply with the for receiving and responding to
(DSQ Provided Services) 2008’ through then ‘Critical Incident Reporting Policy complaints and reportable incidents,
service agreements with funded providers. (DSQ Provided Services) 2008’. including abuse or neglect of a person
with disability. Queensland will continue to provide the ‘Critical Incident Reporting Policy (2017)’ for certain disability services that Queensland Government continue to fund, or deliver, outside of the jurisdiction of the NDIS Commission.
The current Critical Incident Reporting
Policy can be found: https://www.communities.qld.gov.au/reso urces/dcdss/disability/service providers/critical-incident-policy.pdf
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