The NDIS Quality and Safeguards Commission has written to more than 285,000 unregistered NDIS providers across Australia, reminding them of their obligations under the NDIS Code of Conduct, and the significant penalties that apply for non-compliance.
Commissioner Louise Glanville and Associate Commissioner Natalie Wade sent the educational letter to all businesses, including sole traders, identified through NDIS plan payments while operating outside the formal registration system.
Commissioner Glanville said while the NDIS Act allows some providers to operate unregistered, all providers must comply with the NDIS Code of Conduct.
“If you or your business claim funds from an NDIS plan to deliver supports or services, the NDIS Code of Conduct applies to you – whether or not you choose to register with the Commission,” Ms Glanville said.
“The Code sets minimum standards for behaviour when delivering NDIS supports, including acting with integrity, respecting the rights of people with disability, and providing services safely and competently.
“The NDIS Commission regulates both registered and unregistered providers and we will take action against providers that breach the Code.”
As the independent national regulator of NDIS providers and workers, the NDIS Commission has significant compliance and enforcement powers to issue fines, bans, or pursue civil penalties in the Federal Court. It also has a role in educating providers and workers to understand good practice and their legal obligations and work to build their capabilities.
Associate Commissioner Natalie Wade said oversight of unregistered providers is a priority for the NDIS Commission.
“People with disability have the right to safe, respectful and high-quality supports,” said Ms Wade.
“The Code of Conduct exists to protect those rights and set clear expectations for anyone delivering NDIS supports and services.
“Any participant concerned that their provider may be breaching the Code is encouraged to make a complaint to their provider and to the NDIS Commission.”
The letter to unregistered providers also refers to the guidance and education materials available for free on the NDIS Commission website at www.ndiscommission.gov.au/code.
