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

Queensland’s Role in Supporting Quality and Safeguarding Functions under the National Disability Insurance Scheme

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.

Management of the transition period in Queensland

Prior to the transition to the NDS, 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 NDSI 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 safegards 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 NDSI. This ensured that Queenslanders who received supports through both mechanisms (State and NDI5 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.

Key Quality and Safeguards Maintained During Transition

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.

Key areas of focus to continue progress towards more nationally consistent and stronger safeguards under the NDS

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 NDS 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.

A key area of focus to ensure growth in market capacity and capability

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:
  • monitoring registered NDIS provider compliance with the conditions of registration relating to behaviour support plans;
  • 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.

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.

ATTACHMENT 1

Outline of Queensland Quality and Safeguarding arrangements: prior to, during and after NDIS transition

Quality and Safeguarding function	Prior to NDIS	During transition to NDIS	After the commencement of the NDIS (NDIS Commission) (1 July 2019)

Complaints management

• **Queensland operated a complaints management system under the Disability Services Act 2006.

• Consumers, family members, carers or advocates of consumers could make a complaint to the chief executive about the delivery of disability services by a Queensland funded service provider.**

• ‘Quality assurance and safeguards working arrangements for transition to the NDIS in Queensland’ (Working Arrangements, 2018) stipulated:

  • Queensland managed complaints regarding NDIS providers, government funded providers or prescribed disability services.
  • The NDIA operated a complaints management system for complaints in relation to agency staff, agency processes, market capacity and service provision.
  • Queensland continued to operate a complaints management system for disability services funded or delivered by Queensland.

• The NDIS Commission is responsible for receiving and responding to complaints and reportable incidents, including abuse or neglect of a person with disability.

• The NDIS Commission requires registered providers to have effective and proportionate internal complaint management and resolution arrangements in place.

• Queensland continues to operate a complaints management system for certain disability services that it continues to fund, or deliver, outside of the jurisdiction of the NDIS Commission (for example, the Department of Communities, Disability Services and Seniors Accommodation Support and Respite Service).

Criminal history worker screening

• Queensland operated a ‘Yellow Card worker screening’ system under the Disability Services Act 2006. Persons engaged by the government, or government funded service providers were subject to criminal history screening.

• Queensland extended the operation of the Disability Services Act 2006 and the Yellow Card screening system to include NDIS providers.

• The amendments were designed to ensure that the workforce (regardless of whether the provider was funded by the NDIA) would be subjected to consistent background checks as part of their employment process.

• Queensland continues to administer the worker screening function (as at July 2020).The Disability Services and Other Legislation (Worker Screening) Amendment Bill 2020 was introduced on 18 June 2020 to support nationally consistent worker screening in

Quality and Safeguarding Function

Prior to NDS

During transition to NDIS

After the commencement of the NDIS

Quality and Safeguarding Commission (NDIS Commission) (1 July 2019)

• If a provider delivered services to children and young people, criminal history screening under the Blue Card system was required.

• N.B Queensland signed the Intergovernmental Agreement on Nationally Consistent Worker Screening for the NDIS on 3 May 2018.

• 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 Practices Regime

Prior to NDLS

During transition to NDIS

After the commencement of the NDS

• Queensland operated a positive behaviour support framework under the Disability Services Act 2006 and the Guardianship and Administration Act 2000.

• Queensland amended the Disability Services Act 2006 to extend the jurisdiction of the Positive Behaviour Support Framework to NDIS providers.

• The NDIS Commission assumed responsibility for the monitoring and compliance functions for the use of restrictive practices by NDIS providers.

Quality and Safeguarding Function

Prior to NDIS

• The framework regulated the authorisation, monitoring and reporting of the use of restrictive practices.
• The framework applied to a funded service provider in relation to the 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.

During transition to NDIS

• The amendments were designed to ensure that providers, funded through the NDIS or Queensland government, were required to comply with the positive behaviour support framework.
• Queensland progressed legislative amendments to the Disability Services Act 2006 to ensure the Queensland Government:
  • had the necessary powers to investigate issues concerning abuse, neglect or exploitation of people with disability,
  • service delivery failures and to check whether NDIS service providers were complying with the Disability Services Act 2006.

After the commencement of the NDIS (NDIS Commission)(1 July 2019)

• Queensland retains responsibility for authorising the use of restrictive practices for adults with cognitive disability.
• The NDIS Commission is responsible for receiving and responding to complaints and reportable incidents, including abuse or neglect of a person with disability.
• Queensland maintains responsibility for monitoring and compliance activities for funded or delivered by the Queensland Government. Providers improper use of funding, the failure to deliver a funded product or service, harm caused to an individual or service delivery failures.

Page 12

Quality and Safeguarding Function (NDIS Commission) (1 July 2019)

Community Visitor Program

• Queensland operated a Community Visitor Program under the Public Guardian Act 2014.
• Community visitors made announced and unannounced visits, at certain ‘visitable sites’, to ensure clients are cared for, advocate that the services are provided in accordance with the standards of care and charter of rights, make inquiries, and lodge complaints for, or on behalf of, consumers.
• Queensland continues to maintain the Community Visitor Program.
• Further amendments were made to ensure it focused on higher risk NDIS participants (i.e., adults with impaired capacity in receipt of high levels of support and care) and children at ‘visitable sites’ (including places where ‘respite services’ are provided, but excluding private dwellings).

Deaths in Care

• Queensland administered a deaths in care framework, under the Coroners Act 2003, for the reporting and independent investigation of deaths of people in care, including the death of a person with a disability who lived in certain stated funded health and disability residential care services.
• Queensland progressed legislative amendments to the Coroners Act 2003 to extend the operation of the deaths in care reporting and investigations functions to persons with a disability receiving NDIS supports, which were living in accommodation (other than a private dwelling or aged care facility) during transition.
• Queensland continues to operate a deaths in care framework.
• Legislative amendments were made to the definition of a ‘death in care’ to ensure that the deaths of certain NDIS participants (those in receipt of high levels of support and care) continued to be reported to the Coroner.
• 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 Compliance

• Queensland provided quality compliance through service agreements with funded providers.
• Funded providers were required to comply with the Queensland Human Services Quality Framework and associated Quality Standards.
• The framework included a requirement to meet the Human Services Quality Standards.
• The NDIS Commission assume responsibility for ensuring NDIS providers meet and are audited against the relevant NDIS Code of Conduct and Practice Standards by the NDIS Commission.
• Queensland will continue to comply with the Human Services Quality Framework and associated Quality Standards for certain disability services.

Quality and Safeguard function

Prior to NDS

During transition to NDIS

After the commencement of the NDIS

Quality and Safeguarding Commission (NDIS Commission) (1 July 2019)

Standards which required an assessment and certification process to measure the performance of providers against the standards, establish and operate a clear and accessible complaints system to receive and resolve complaints about service provision and a continuous improvement framework.

• The current Human Services Quality Framework and associated Quality Standards can be found: hhttps://www.communities.qld.gov.au/industry-partners/funding-grants/human-services-quality-framework/overview-standards.

Abuse, Neglect and Exploitation

• Queensland provided for compliance with the then ‘Preventing and Responding to the Abuse, Neglect and Exploitation of People with Disability Policy’ (dated 1 July 2014), through service agreements with funded providers.
• NDIS funded providers were required to comply with the Queensland Human Services Quality Framework and associated Quality Standards, which included a requirement to evidence compliance with a policy consistent with the then DCDSS ‘Preventing and Responding to the Abuse, Neglect and Exploitation of People with Disability’ (dated 1 July 2014) Policy.
• Queensland funded providers were required to comply with the then ‘Preventing and Responding to the Abuse, Neglect and Exploitation of People with Disability’ (dated 1 July 2014) policy, through service agreements
• The NDIS Commission is responsible for receiving and responding to complaints and reportable incidents, including abuse or neglect of a person with disability.
• Queensland will continue to comply with the for Human Services Quality Framework, associated Quality Standards and the Preventing and Responding to the Abuse, Neglect and Exploitation of People with Disability policy for certain disability services that it continues to fund, or deliver, outside of the jurisdiction of the NDIS Commission.
• The current ‘Preventing and Responding to the Abuse, Neglect and Exploitation of People with Disability’ can be found: hhttps://www.communities.qld.gov.au/disability-and-accessibility/protecting-rights-of-people-with-disability/preventing-abuse-neglect-exploitation/people-with-disability

Quality and Safeguarding Function

Prior to NDIS

During transition to NDIS

After the commencement of the NDIS

NDIS Commission (1 July 2019)

https://www.communites.qld.gov.au/resources/dcdss/disability/service-providers/critical-incident-policy.pdf

Critical Incident Reporting

• Queensland provided for compliance with the then ‘Critical Incident Reporting Policy (DSQ Provided Services) 2008’ through service agreements with funded providers.
• NDIS and Queensland Government providers were required to comply with the then ‘Critical Incident Reporting Policy (DSQ Provided Services) 2008’.
• The NDIS Commission is responsible for receiving and responding to complaints and reportable incidents, including abuse or neglect of a person with disability.
• Queensland will continue to provide the current ‘Critical Incident Reporting Policy (2017)’ for certain disability services that Queensland government continues to fund, or deliver outside of the jurisdiction of the NDIS commission.