Support workers are employed externally by providers, and the responsibility of policies and guidance for support workers is not held by the National Disability Insurance Agency (NDIA). The NDIA has stated that it is not their responsibility to regulate participants or hold information about participants’ criminal history. Instead, the role of the NDIS Commission is to ensure that all NDIS providers comply with the NDIS Code of Conduct and deliver supports and services in a safe and competent manner. Providers are required to identify and manage risks to worker safety, including worker-related violence, to ensure the safety of workers, visitors, and other individuals impacted by a participant’s behavior.
The NDIA and NDIS Commission have issued numerous documents outlining policies on various aspects of the NDIS, from tracking financial fraud to guidelines for administering medical treatments and regulations regarding specialist disability accommodation. In June, Minister for the National Disability Insurance Scheme Stuart Robert emphasized the importance of information and oversight to protect the community and workers. A justice panel is working with states and territories to ensure that individuals exiting prisons and forensic facilities have the necessary supports in place and that the NDIS workforce is supported and safe.
A major NDIS provider operating across multiple states expressed concerns about the lack of regulation and information available when dealing with high-risk clients. The sector is described as facing an “information vacuum,” and providers must rely on their own professionals to conduct risk assessments and implement appropriate measures to mitigate risks. However, once individuals are released from prison, there may be difficulties in obtaining necessary information. The source also highlighted the risk posed by unregistered service providers in the NDIS space, as they do not have requirements for training staff or conducting risk assessments.
The proliferation of unregistered service providers has raised serious concerns within the NDIS sector, as these providers may lack the necessary qualifications and understanding to work with individuals with significant forensic histories. Approximately 150,000 unregistered providers offer services to NDIS participants, leading to potential risks and challenges in ensuring the safety of workers and participants. The source criticized the NDIS for allowing non-registered support workers and providers to operate without proper training or risk assessment protocols, potentially putting vulnerable individuals at risk.
The NDIS faces challenges in ensuring the safety and protection of workers and participants, particularly when dealing with high-risk individuals with criminal backgrounds. Stronger oversight and regulation are needed to address the gaps in information and ensure that providers have the necessary resources and support to mitigate risks effectively. Efforts are being made to collaborate with states and territories to improve the supports available for individuals exiting prisons and forensic facilities and to enhance the safety of the NDIS workforce. The importance of ensuring appropriate training and risk assessment protocols for support workers and providers is crucial to safeguarding the well-being of all individuals involved in the NDIS.
