11/04/2024
NDIS Code of Conduct
Element 1 Act with respect for individual rights to freedom of expression, self-determination and decision-making in accordance with applicable laws and conventions
People with disability have the right to make their own decisions, to be free to live the life they choose, and to have the same rights and freedoms as any other member of the community.
People with disability have full and equal human rights. These rights are set out in the United Nations Convention on the Rights of Persons with Disability. They include the right to freedom of expression and the right to make decisions about, and exercise control over, their own lives. Choice and control is a core principle of the NDIS. People with disability have the right to choice and control about who supports them and how their supports and services are delivered.
NDIS providers and workers have an obligation to respect the rights of people with disability and deliver services in a way that maintains the principles underpinning the NDIS.
People with disability have the right to make choices and should always be assumed to have the capacity to make those choices. This is central to their individual rights to freedom of expression and self-determination. Adults with disability should receive the support they need to make any decision. Adults with disability have the right to choose who does and who does not help them to make any decisions. Adults with disability have the right to choose who does and who does not help them to make any decisions. Their partner, family, friends, carers, advocates, support workers and others play an important role in any person’s life. However, not all people with disability need or want those important people to support them in decision-making, or to make decisions for them. NDIS providers should encourage workers to engage directly with people on any choices or decisions that affect them. They should consult them about who, if anyone, they want to involve in decisions and discussions about their services and supports, or other aspects of their lives.
In the early years, workers should work closely with families to understand their child’s strengths, interests and needs, and support them in their caring role. As a child grows up, they should be more involved in decision-making. Workers should involve children and young people in decisions that affect them in ways appropriate to their age and stage of development. In the case of very young children, this will involve ensuring staff pay attention to the signs children give that communicate their feelings, ideas and wishes including non-verbal indications
When the person with disability has a legal guardian or nominee, NDIS providers need to be clear on the decisions in which they need to involve the legal guardian. However, they still must ensure their workers listen to and support the person to make their own decisions.
Communicate in a form, language and manner that enables people with disability to understand the information and make known their will and preferences
People with disability have a right to be an informed consumer about all aspects of the delivery of services to them, including clear pricing information, so they can exercise their right of choice and control about who supports them and how supports and services are delivered, and if they need to change.
People with a disability have a right to question, seek additional information on, or refuse to receive any part of a service.
In practice, this means NDIS providers should:
a. take reasonable steps to educate and support their workers to communicate in a form, language and manner that is accessible and appropriate for the individual and to use a range of communication tools to communicate with the people they support, using assistive technology and alternative forms of communication, such as email, text messages or symbols.
b. where the person speaks a language other than English or uses Auslan, match the person with a worker who speaks their language or uses Auslan (where possible), or provide supports using qualified interpreters, where these supports are covered by their NDIS plan.
c. confirm that the person with disability – and their families, carers or advocates (where relevant) – understands what has been explained, and is aware of potential benefits and risks associated with any part of a proposed plan for the delivery of supports and services.
d. respond to the will, preferences and concerns of the person with disability in relation to their supports and services – addressing requests or complaints where necessary.
e. where possible, provide consistent workers, so that they can build a good understanding of individual communication preferences and needs, particularly where an individual has complex communication needs.
Take into account the expressed values and beliefs of people with disability, including those relating to culture, faith, ethnicity, gender, gender identity, sexuality and age, as well as disability
Each of these contexts can affect how, when, why, and in what form a person with disability accesses NDIS supports and services. For example, cultural beliefs can shape preferences around who delivers supports and how supports are delivered. Some participants may also feel more comfortable with a worker of a particular gender for supports such as personal care. The Commonwealth S*x Discrimination Act 1984 sets out rights in relation to gender. NDIS providers must acknowledge and consider individual contexts, values and histories, while also complying with obligations under anti-discrimination and work health and safety laws.
In practice, this means NDIS providers should:
a. foster a culture of inclusiveness, in which people with disability feel as comfortable and safe as possible in their day-to-day interactions with workers
b. encourage people with disability to communicate their preferences for how their supports are delivered
c. discuss with people with disability their preferences for their support worker
d. have knowledge of, respect for, and sensitivity towards, the cultural needs of the community served, including Aboriginal and Torres Strait Islander peoples and those from culturally and linguistically diverse backgrounds
e. where appropriate, provide cultural awareness training to workers to build an understanding of diverse needs and preferences
f. offer people with disability culturally-sensitive activities
g. respond to needs related to gender.