Code of Conduct NDIS / TAC etc - Workers

Human Resources > Code of Conduct NDIS / TAC etc - Workers

Authorised by Chief Executive Officer

Revised Date: 9 September 2024

The NDIS Code of Conduct for Workers sets out expectations as to how workers conduct themselves when carrying out their professional duties. It aims to assist workers to act with confidence and integrity in their interpersonal relationships with participants, their families, carers, advocates and the community.

Breach of the Code of Conduct may result in action ranging from additional training and supervision to serious disciplinary action.

This Code of Conduct applies to workers engaged in all funded activities (NDIS, TAC and other).

The Code of Conduct applies to all workers employed or otherwise engaged by NDIS providers to deliver supports and services. The term ‘workers’ includes, but is not limited to, providers’ employees, key personnel, contractors, agents and volunteers engaged by Kyeema.

THE NDIS CODE OF CONDUCT - BRIEF VERSION

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.

•      A complex range of intersecting factors including individual and social values, contexts, cultures, policy responses, and histories, shape how disability is understood. Historically, a focus on individual incapacity or the ‘tragedy’ of disability portrayed people with disability as dependent, helpless, and in need of care and protection. This often resulted in their isolation, segregation and exclusion from the wider community. It is now understood that 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 NDIS Quality and Safeguards Commission 6 supports and services are delivered.

•      Workers have obligations under the Code to respect these rights. Consistent with this element of the Code, factors that may be relevant when assessing if conduct complies with this element of the Code include (but are not limited to) a worker’s actions to: Deliver services in a way that maintains the rights, standards and principles underpinning the NDIS

•      The NDIS has been designed to further Australia’s commitment to the United Nations Convention on the Rights of Persons with Disabilities, as well as the other international human rights treaties named in the NDIS Act. 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 (see section 4 of the NDIS Act).

•      Registered NDIS providers are also obliged to comply with the National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018, which have been developed in line with the National Standards for Disability Services and the National Standards for Mental Health Services.

•      Delivering supports and services in accordance with the NDIS rules made under the NDIS Act will maintain the standards and principles and uphold the conventions that underpin the NDIS.  

Support people with disability to make decisions

•      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 given decision. Partners, families of choice, families of origin, friends, carers, advocates, support persons and others can play an important role in a person’s life. But not all people with disability need or want support in decision-making. Workers should work directly with the person with disability NDIS Quality and Safeguards Commission wherever possible. They should consult them about who, if anyone, they want to involve in decisions and discussions about their services and supports.

•      For children and young people, families also have an important role. In the early years, workers should work with families to understand a child’s strengths, interests and needs, and support them in their caring role. As a child grows up, they will 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 workers 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, workers need to be clear on the decisions in which they need to involve the legal guardian. However, workers still have an obligation to ensure they have the capacity to listen to and support the person to make decisions. Workers can use supported decision-making to do this. Supported decision-making is a model for supporting people with disability to make decisions. The person with disability weighs options and makes a decision, with the support of an individual or a network of people who they choose to involve because they trust them to provide reliable, unbiased support for decision-making.

Communicate in a form, language and manner that enables people with disability to understand the information and make known their will and preferences

•      At the heart of choice and control is a person’s right to be an informed consumer. People with disability have a right to be informed about all aspects of the delivery of services to them 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 about or refuse to receive any part of a service.

•      In practice, this means workers should:

a)  communicate in a form, language and manner that is accessible and appropriate

b)  be able 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.

c)  where the person speaks a language other than English or uses Auslan, organise for someone who speaks their language or uses Auslan (where possible) to assist with important discussions, or use qualified interpreters, where this support is covered by their NDIS plan.

d)  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.

e)  respond to the will, preferences and concerns of the person with disability in relation to their supports and services – raising requests or complaints to be addressed by the NDIS provider, where necessary.

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

•      People with disability come from a range of backgrounds and communities and have varying lifestyles and beliefs. People with disability may be Aboriginal and Torres Strait Islander; come from culturally and linguistically diverse communities; have a faith, or not; be married, divorced, partnered, or single; be gay, lesbian, bisexual, transgender, queer, intersex or asexual; or be parents, guardians and carers. People with disability may or may not be in paid work, or they could be engaged in education and training.

•      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 NDIS Quality and Safeguards Commission 10 are delivered. Some participants may also feel more comfortable with a worker of a particular gender for supports such as personal care. The Commonwealth Sex Discrimination Act 1984 sets out rights in relation to gender.

•      In practice, this means workers should:

a)  have an inclusive attitude

b)  acknowledge and consider individual contexts, values and histories

c)  work in a way that enables people with disability to feel as comfortable and safe as possible in their day-to-day interactions with workers

d)  encourage people with disability to communicate their preferences for how their supports are delivered

e)  offer people with disability culturally-sensitive activities

f)  respond to needs related to gender

2.   Respect the privacy of people with disability

•      Privacy is a human right. Rights related to privacy are set out in Commonwealth Privacy Act 1988 and State and Territory privacy laws. People with disability have a right to privacy including in relation to the collection, use and disclosure of information concerning them. Examples of personal information include a person’s name, address, date of birth and details about their health or disability.

•      Consistent with this element of the Code, factors that may be relevant when assessing if conduct complies with this element of the Code include (but are not limited to) worker’s actions to:

Comply with Commonwealth and State and Territory privacy laws

•      Workers should respect and protect the privacy of all people connected with the delivery of NDIS supports and services, including people with disability, in accordance with Commonwealth and State and Territory privacy laws and the NDIS Act. Workers should also follow their NDIS provider’s privacy policy and procedures where they exist and are not inconsistent with these laws.

•      Consistent with this privacy framework, workers should explain to persons with disability:

a)  the kinds of personal information about them that will be collected and held, including recorded /audio and visual material

b)  why this information is held

c)  who will have access to this information

d)  how they will ensure the information is secure

e)  how this information will be used

f)  how to access and amend information held about them

g)  how to make a complaint if they feel that the NDIS provider has breached their privacy obligations.

•      Workers should also be aware of the kinds of circumstances where other legal obligations may provide an exemption from a requirement to obtain informed consent from an individual. This might include mandatory reporting requirements on child protection matters, and obligations to report incidences of violence, exploitation, neglect and abuse, and sexual misconduct to the Commission and police.

Deliver services in a dignified way that maintains personal privacy.

•      Privacy extends beyond a careful approach to handling personal information to the way in which services are delivered to people with disability. Workers should be aware of the privacy needs and preferences of people with disability and deliver services in a way that maintains personal dignity. This includes:

a)  maintaining the confidentiality of the person’s personal information

b)  explaining and requesting permission to perform procedures that involve physical touch or the invasion of personal space NDIS Quality and Safeguards Commission

c)  the timely provision of services to prevent embarrassment and discomfort such as toilet breaks or the changing of incontinence pads

d)  considering everyday personal privacy needs such as being able to shower and dress in a private and comfortable space.

3.   Provide supports and services in a safe and competent manner with care and skill

•      Obligations under the NDIS Act are intended to ensure safe and quality service delivery to support positive outcomes for people with disability.

•      When a person with disability seeks supports and services under the NDIS, they have the right to receive those supports and services in a safe manner and from workers with relevant expertise. Consistent with this element of the Code, factors that may be relevant when assessing if conduct complies with this element of the Code include (but are not limited to) workers’ actions to:

Obtain and maintain the expertise and competence necessary for the supports and services delivered

•      Adequate worker expertise and competence is central to safe and skilful service delivery. In practice, having the required expertise and competence for a role means workers:

a)  adopting the values underpinning the NDIS, including choice and control and person-centred approaches

b)  being honest with their employer and the people with disability they support about their qualifications and ability to provide particular supports and services, as well the limits of their knowledge, skills and experience

c)  having any qualifications required for the role

d)  developing and maintaining the knowledge and skills required for their role (for example, through training and supervision provided by their employer)

e)  being familiar with and adhering to policies and procedures established by their employer.

•      NDIS providers should not direct their workers to undertake duties they are not qualified or skilled to undertake. If an NDIS provider, a person with disability, or their family or carer directs a worker to deliver supports and services for which they do not have the necessary training, competence and qualifications, workers should decline to do so. Workers can also make a report to the Commission that such a direction has been made. In some circumstances, there are whistle-blower protections for workers who raise issues with the NDIS Commission, so their NDIS provider cannot take or threaten to take adverse action against them for pursuing this course of action.

Provide services consistent with relevant professional codes

•      Workers who are members of a professional association or other relevant body with existing professional codes of conduct (for example nurses, psychologists and health care workers) are required to deliver services consistent with their relevant professional code as well as with the NDIS Code of Conduct and any other applicable regulatory framework. The NDIS Code of Conduct has been developed with reference to other relevant professional codes to ensure a consistency of practice and minimal additional regulatory burden. The Commission may work with professional regulatory bodies in investigating alleged breaches where a worker’s conduct may be contrary to both the NDIS and their professional codes of conduct.

•      Where a worker is found to have breached the Code, the Commission may report the breach to their professional association or another relevant body where the conduct may also constitute a breach of their professional code. Additionally, if a worker is found by a professional association not to have complied with their professional code in providing supports and services under the NDIS, the Commission will consider whether they may have also breached the Code.

Meet relevant work, health and safety requirements

•      Work health and safety laws in each State and Territory provide a framework for protecting the health, safety and welfare of workers and other people who might be affected by work activities, including people with disability, their family and carers.

•      Workers should ensure they comply with work health and safety requirements set out in the relevant acts and regulations in their State or Territory and may face penalties for failure to do so. Further information about specific work health and safety requirements in each jurisdiction can be found at: https://www.business.gov.au/info/run/workplace-health-and-safety/whs-oh-and-s-acts-regulations-and-codes-of-practice.

Provide services only when free from the influence of alcohol or drugs

•      Workers should not provide services or supports while under the influence of drugs or alcohol. Workers who are taking prescription or over the counter drugs that may affect their ability to support people with disability should obtain advice from the prescribing practitioner or dispensing pharmacist and declare it to their NDIS provider and/or the person with disability if they are engaged directly by that person. If the advice from the prescribing practitioner or dispensing pharmacist indicates the ability to work may be impaired, workers should not provide services or supports until the prescribing practitioner or dispensing pharmacist says it is safe to do so.

Ensure appropriate and accurate records are kept

•      Part of providing supports and services in a safe and competent manner is maintaining accurate records to ensure continuity of supports between workers and inform future service delivery.

•      As well as following applicable security procedures for record management, workers should:

a)  show respect for people with disability by avoiding the inclusion of demeaning or derogatory language or remarks in records

b)  keep accurate, up-to-date and legible records that report relevant details of a participant’s service history, medication and support needs

c)  detail any allegations and incidents that may have occurred, including alleged breaches of the Code, where they were involved in, witnessed or informed of these

d)  record any other issues that may have arisen while providing services e. maintain sufficient detail to facilitate continuity of participant supports and inform future service delivery.

•      Records should be created at the time of an event or action, or as soon as possible afterwards

4.   Act with integrity, respect, honesty and transparency

•      Integrity, honesty and transparency are crucial to developing the trust-based relationships between people with disability and workers that are required for high-quality service delivery.

•      For people with disability to be informed consumers, they need accurate information about their NDIS provider, the workers they interact with, the services they receive, and any real or perceived conflicts of interest of the people working with them; and they should be able to make decisions in their best interest, free from inducements or pressure from workers.

•      Consistent with this element of the Code, factors that may be relevant when assessing if conduct complies with this element of the Code include (but are not limited to) worker’s actions to:

Provide accurate information about themselves to clients and their NDIS provider

•      It is essential that people with disability have accurate information about the qualifications and competencies of the workers who deliver their supports and services. As such, workers should be transparent about the qualifications, skills, experience and competencies they possess to deliver those supports and services, and any limitations of their skills, experience or competencies.

•      A worker’s capacity to deliver supports and services safely is also a key consideration. Workers should disclose to their NDIS provider and to people with disability if they have:

a)  not obtained an NDIS worker screening check for roles that involve more than incidental contact with people with disability

b)  failed a worker screening clearance

c)  been subject to an employment proceeding related to work with a person with disability in which the findings were substantiated

d)  been subject to a finding of professional misconduct. 

Support informed consent by providing accurate information relating to service provision

•      People with disability have a right to accurate, accessible and timely information about the cost and efficacy of available supports and services. This information may include: easily understood comparative costs of service options; research supporting the effectiveness of supports; and the risks and benefits of service options.

•      People with disability expect workers to provide information and answer questions in a way that assists and promotes informed decision-making by people with disability. As such, workers should not make claims about the efficacy of treatments or supports that cannot be substantiated independently. Maintain integrity by declaring and avoiding any real or perceived conflicts of interest

•      Both persons with disability and NDIS providers need to know when a worker has a conflict of interest – potential or real – that may impact on their delivery of supports and services. This includes, but is not limited to:

a)  personal relationships with the person with a disability, their family, friends or carers

b)  financial or commercial interest in an organisation or company providing products, services or supports to people with disability

c)  where the worker’s beliefs and values may impact on the delivery of supports or services.

•      •Workers should be transparent in regards to any conflict of interest and comply with their NDIS provider’s policies and guidance for declaring and avoiding any real or perceived conflicts of interest.

Avoid giving, asking for or accepting inducements or gifts that may influence decision-making and service provision

•      People with disability, their family, carers or advocates should not be required or expected to give any sort of inducement to a worker in order to influence decision-making or service delivery. This includes, but is not limited to: additional fees, separate amounts of money, goods, food, favours or services of any kind.

•      Workers may give or accept gifts of minor value, such as a card or a box of chocolates as a ‘thank you’ or for special events, such as birthdays. However, in these instances, workers should be mindful of their NDIS provider’s policies and guidance on giving and accepting gifts. Where workers are unsure, they are encouraged to consult their manager or NDIS provider.

•      Workers should also avoid giving, asking for, or accepting any inducements or gifts from other service providers or organisations in exchange for referrals, favourable decisions or any other market benefits, particularly where it might impact on the integrity of the information provided to support a participant’s choice of service provider.

Avoid participating in or promoting sharp practices

•      The term ‘sharp practices’ refers to a range of practices involving unfair treatment or taking advantage of people, including over-servicing, high pressure sales and inducements. Some sharp practices may undermine the integrity of NDIS providers, workers and/or the NDIS sector as a whole. Although not necessarily unlawful, sharp practices are considered unethical, dishonest and not in the interests of the person with disability.

•      People with disability expect that workers do not participate in or promote sharp practices. This includes:

a)  providing services or expending funds contrary to a person with disability’s approved plan

b)  asking for or accepting any additional fees for providing the service

c)  offering inducements or rewards that have no particular link to a person’s NDIS plan

d)  engaging in high-pressure sales.

•      Some unethical and unlawful practices, such as misleading or deceptive conduct, and coercive or exploitative conduct, as well as being a potential breach of this element of the Code, may also be a breach of the laws and regulations administered by other regulatory authorities.

5.   Promptly take steps to raise and act on concerns about matters that may impact the quality and safety of supports and services provided to people with disability

•      People with disability have the right to safe and quality supports and services under the NDIS.

•      Workers have a role in contributing to the delivery of safe and quality supports and services by taking action when they notice issues including raising concerns. Workers also play an active role in improving supports and services by listening to people with disability to gain their feedback on ways to improve their experience.

•      Factors that may be relevant when assessing if conduct complies with this element of the Code include (but are not limited to) worker’s actions to:

Take immediate action

•      People with disability expect that workers enquire and are aware of their needs and aspirations, as well as how supports and services they deliver are meeting these needs.

•      When a worker identifies a potential issue, or an issue arises regarding the quality and safety of supports and services, they should take immediate action to address it. The first step is to ensure that the person who the issue concerns is safe. The worker should also consult with the person with disability about how they would like to resolve any issues and create a safer environment.

•      Actions might be as simple as adjusting some aspect of service delivery to better meet a person’s needs, for example changing the timing of meals. In other instances, simple changes can make the environment safer, for example, moving a piece of furniture to make it easier to manoeuvre a wheelchair. In more complex cases, a response might involve conducting a risk assessment, raising the issue within the organisation or with another relevant authority.

Raise concerns with their NDIS provider and/or the Commission

•      Workers have an important role in supporting safe and quality service delivery and in preventing violence, abuse, neglect and exploitation (see section 6).

•      Workers should be familiar with their NDIS provider’s systems for complaints and incident management and follow established procedures.

•      Registered NDIS providers have an obligation to implement and maintain an incident management system and notify the Commission of reportable incidents in accordance with the National Disability Insurance Scheme (Reportable Incidents) Rules 2018. Reportable incidents are:

a)  the death of a person with disability

b)  serious injury of a person with disability

c)  abuse or neglect of a person with disability

d)  unlawful sexual or physical contact with, or assault of, a person with disability

e)  sexual misconduct committed against, or in the presence of, a person with disability, including grooming of the person for sexual activity

f)  the use of a restrictive practice in relation to a person with disability, other than where the use is in accordance with an authorisation (however described) of a state or territory in relation to the person.

•      Workers of a registered NDIS provider should familiarise themselves with the provider’s incident management system to meet their reportable incidents obligations.

•      When directly or immediately addressing a quality or safety issue is not feasible for a worker, they should raise the issue with their NDIS provider (whether registered or unregistered) or other relevant authorities, such as the Commission.

•      Workers are encouraged to raise issues with the Commission if they believe they are not being dealt with appropriately within the organisation. In some circumstances there are whistle-blower protections for workers who raise issues with the Commissioner, so their NDIS provider cannot take or threaten to take adverse action against them for pursuing this course of action.

•      People with disability, their family, friends and advocates may also raise issues or make complaints. Workers are expected to support people making a complaint through these processes and also advise people that they can raise concerns or complaints with the Commission.

•      Workers should never threaten or take adverse action against someone who proposes to make a complaint, has made a complaint or is involved in reporting an incident.

Contribute to improving supports and services

•      Complaints and incidents are important sources of information for workers to improve the supports and services they provide.

•      Workers should contribute to the resolution of complaints and incidents and the implementation of any changes to the way services are delivered to improve supports and services as a result of a complaint or incident.

•      Workers should also comply with any reasonable direction given by the provider regarding how they can personally contribute to providing a better service experience for people with disability, their families, carers and advocates. This includes complying with directions to modify their conduct or the way they deliver services in order to address a complaint.

6.   Take all reasonable steps to prevent and respond to all forms of violence against, and exploitation, neglect and abuse of, people with disability

•      Evidence demonstrates that people with disability are at a far greater risk of experiencing violence, abuse, neglect and exploitation than others in the population and this often goes un-recognised and un-addressed. Women and girls with disability are at far greater risk of violence, and children and young people with disability experience violence and abuse at approximately three times the rate of children without disability.

•      ‘Violence, abuse, neglect and exploitation’ is broadly understood to include, but is not limited to: domestic, family and interpersonal violence; physical and sexual violence and abuse; psychological or emotional harm and abuse; constraints; forced treatments and interventions; humiliation and harassment; financial abuse; violations of privacy; systemic abuse; physical and emotional neglect; passive neglect; and wilful deprivation.

•      Workers play an important role in helping to prevent, intervene early and respond to violence, abuse, neglect and exploitation, and must not engage in these practices. 

•      Consistent with this element of the Code, factors that may be relevant when assessing if conduct complies with this element of the Code include (but are not limited to) a worker’s actions to:

Not commit or participate in any form of violence, abuse, neglect and exploitation of people with disability

•      Violence, abuse, neglect or exploitation of people with disability is never appropriate and NDIS providers will be expected to take prompt action against a worker who does engage in these practices, including reporting to the Commission and the police. The Commission will also require the investigation of any alleged incident and, where necessary, the police be informed. The Commission may also take action in relation to non-compliances with the Code.

Adhere to organisational policies and relevant laws, and fully cooperate with the Commission in relation to incidents of violence, abuse, neglect and exploitation

•      Workers should work closely with their NDIS provider and the Commission in preventing violence, abuse, neglect and exploitation and:

a)  familiarise themselves with and follow the provider’s policies, systems and procedures to prevent and respond to violence, abuse, neglect and exploitation

b)  comply with all relevant laws related to violence, exploitation, abuse and neglect

c)  fully cooperate with any related investigative action taken by either the Commission or other relevant authorities, including the police.

Identify and respond to situations that could lead to violence, abuse, neglect and exploitation

•      In addition to following organisational policies and all relevant laws, workers should use their own initiative to be alert to situations that may give rise to violence, exploitation, abuse and neglect and take all appropriate steps within their control to avert such situations.

Report incidents of violence, exploitation, neglect or abuse to their NDIS provider, the Commission and, as appropriate, to other relevant authorities

•      If an incident or act of violence, abuse, neglect or exploitation does occur, the primary focus of both NDIS providers and workers should be to ensure that the person(s) affected is safe.

•      If an incident or act of violence, abuse, neglect or exploitation does occur, workers, after ensuring the safety of the person(s) affected, should immediately report the incident to their supervisor and/or any other authorities, including the police where appropriate. Workers also need to be aware of, and abide by, any State or Territory mandatory reporting requirements.

•      If a worker considers that an NDIS provider has not responded appropriately or if they think the matter might be of more systemic significance (for example, a pattern of violence, or a pattern of the provider brushing off incidents or relocating problem workers), they are encouraged to report the incident to the Commission. The Commission has legislative powers to protect workers and other people who report incidents to the Commission from adverse action or threats of adverse action by the provider. Note the whistle-blower protections that are in place in some circumstances for workers who raise issues with the Commission, which protects them from adverse action against them for pursuing this course of action.

Contribute to the reduction and elimination of restrictive practices

•      A restrictive practice is any practice or intervention that has the effect of restricting the rights or freedom of movement of a person with disability.

•      The National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules 2018 (Restrictive Practices and Behaviour Support Rules) describe regulated restrictive practices as involving seclusion, or chemical, mechanical, physical or environmental restraint. In the past, restrictive practices were often used as a first line of response for people with behaviours of concern (behaviours that pose a risk of harm to the person or others). It is now recognised that restrictive practices can represent serious human rights infringements and that routine use has often been harmful and exacerbated the behaviours they were intended to address.

•      The Commonwealth and States and Territories are committed to reducing and eliminating the use of restrictive practices, consistent with the recommendation of the United Nations Committee on the Rights of Persons with Disabilities, and in 2014 endorsed the National Framework for Reducing and Eliminating the Use of Restrictive Practices in the Disability Service Sector.

•      Workers should work in partnership with their NDIS provider, to contribute to the reduction and elimination of restrictive practices. There are specific requirements around restrictive practices and behaviour support set out in the Restrictive Practices and Behaviour Support Rules. Guidance on these Rules can be found on the NDIS Commission’s website.

7.   Take all reasonable steps to prevent and respond to sexual misconduct

•      People with disability have a right to sexual expression as well as to develop and maintain sexual relationships. As part of this, they need access to information and support to assist them to make informed and positive choices about sex, sexuality, relationships and reproductive health and wellbeing, as well as exercise their rights in regard to privacy.

•      People with disability are at an increased risk of all forms of sexual violence and sexual misconduct.

•      Sexual misconduct is a broad term encompassing any unwelcome acts or behaviours that are experienced by the person with disability as being sexual in nature. This includes physical and verbal actions committed without consent or by force, intimidation, coercion or manipulation. It includes sexual violence and exploitation but is not limited to actions which constitute a criminal offence.

•      The support relationship between a worker and a person with disability they support relies on a high degree of trust which can never be exploited or betrayed. Workers should never engage in sexual misconduct with respect to persons with disability and they have a key role in reporting such misconduct.

•      Consistent with this element of the Code, factors that may be relevant when assessing if conduct complies with this element of the Code include (but are not limited to) the worker’s actions to: Not commit or participate in any form of sexual misconduct or inappropriate relationship

•      When delivering services, workers are expected to adhere to the highest standards of behaviour, be respectful and take every action to make sure people with disability are safe. This means having professional boundaries in place for relationships between workers and people with disability and preventing and responding to any inappropriate behaviours by anyone towards a person with disability, including sexual misconduct.

•      NDIS providers are required to develop policy and guidance to prevent and respond to sexual misconduct. This must explicitly indicate that workers will not commit sexual misconduct or engage in inappropriate relationships with persons with disability they support, or knowingly engage in them with the families and carers of people with disability they support.

•      An NDIS provider’s guidance for their workers should:

a)  distinguish between sexual misconduct and appropriate conversations around a participant’s sexual support or family planning needs

b)  distinguish between inappropriate touching and appropriate touching

c)  guide workers in setting boundaries with the person they are working with

d)  guide workers in determining whether their own or others’ relationships have become inappropriate and instruct them to cease any such relationship.

•      More detailed information on behaviours that constitute sexual misconduct is contained in the Glossary of the NDIS Code of Conduct. However, this does not cover all situations and there are other activities or behaviours that may constitute sexual misconduct.

•      There is a distinction between sexual misconduct and appropriate conversations around a person with disability’s sexual support or family planning needs; and inappropriate touching versus appropriate touching. In understanding behaviour that involves an inappropriate and overly personal or intimate relationship with, conduct towards, or focus on a person with disability, workers should refer to any guidance issued by the Commission and guidance issued by their NDIS provider.

•      Workers should set boundaries with the person with disability with whom they are working by having conversations with the person about their role. If workers find the nature of their relationship with the person they support changing, they have the responsibility to bring this immediately to the attention of their NDIS provider.

•      The professional standards or codes of conduct of some professions also have prohibitions on close personal, physical or emotional relationships. The Commission may refer a breach of the Code to other regulators of professional codes for their consideration in relation to a breach of the relevant code. The Commission may also take compliance action in relation to non-compliances with the Code.

Report sexual misconduct or inappropriate relationships to their NDIS provider, the Commission and other relevant authorities

•      Workers should report any sexual misconduct, unlawful sexual or physical conduct or inappropriate relationships to their NDIS provider, the Commission and any other relevant authorities, such as the police, child protection authorities and professional bodies. This includes abuse towards a participant from a third party such as a family member or carer.

•      Workers also have a responsibility to support people with disability, so they feel safe to make a complaint about alleged sexual misconduct without fear of retribution or loss of services. Workers have a responsibility to take steps to facilitate access to independent advocacy support or support for harm or trauma experienced if the person desires this support.

8.   Prohibition on charging and representing higher prices for the supply of goods for NDIS participants

•      NDIS participants have the right to equality and non-discrimination when purchasing goods in the NDIS market. They also have the right to access appropriate and affordable services, devices and other assistance for disability related needs.

•      Unless they have a reasonable justification, an NDIS provider, its key personnel and workers must not charge a participant more than another person for the same or substantially the same goods. They must also not represent that the price is higher for supplying a participant. Representing includes telling, promoting, advertising and publishing.

•      This conduct is known as ‘price differentiation’ and is prohibited. It discriminates against people with disability who are accessing the NDIS and it potentially reduces the funds available in a participant’s plan to purchase reasonable and necessary supports.

•      The prohibition covers circumstances where the goods involved are either the same or substantially the same. For example, price differentiation where the goods are of a different colour but otherwise identical is prohibited. If the goods are significantly modified or customised, they will not be substantially the same.

•      A reasonable justification for differences in pricing may include fluctuations in the market price for the goods over time, different warranties or services being attached to them or different volumes of the goods being supplied.

ADDITIONAL CONDUCT GUIDELINES KYEEMA WISHES WORKERS TO UNDERSTAND AND COMPLY WITH:

Handling Personal Abuse and Behaviours of Concern (ie participant “harm to self and/or others”)

On occasions, a participant may exhibit behaviour that is physically or verbally abusive toward workers. Workers must never respond with violence or verbal abuse but are requested to model a respectful response while protecting themselves to the best of their ability. Do not take the behaviour personally. Use the Positive Behaviour Support approaches appropriate to the individual.

Child Safe Responsibilities

Kyeema adheres to standards for child safety as per the Child Wellbeing and Safety Act 2005 and commits to creating an environment that promotes the safety, wellbeing and empowerment of children.

•      Kyeema has systems to protect children from abuse, will take all allegations very seriously and will respond to them consistently in line with Kyeema’s policies and procedures

•      Kyeema is committed to promoting cultural safety of Aboriginal children, cultural safety of children from culturally and/or linguistically diverse backgrounds and to providing a safe environment for children with a disability

•      Kyeema is committed to ensuring the acceptance and inclusion of participants' and workers' gender identities

•      Kyeema holds a policy of zero tolerance to racism and has expectations that workers and volunteers will act on incidents of racism.

Conflict of Interest

It is important to work in the best interests of the participant, including when the participant chooses supports from someone other than Kyeema. Conflict of interest may arise when a participant wishes to use another support that impacts on the shifts of the Kyeema workers. Our mission is for participants to get the best out of life, so if there are more appropriate supports that help them develop, do not hesitate to assist the participant to access them.

Workers Dress Code

As professional support providers, workers are asked to consider what they wear, how safe and appropriate it is and what message it sends to participants, families and the community. When working directly with participants the following are recommended for direct support workers:

•      Support workers are advised not to wear loose dangling jewellery e.g. bracelets, necklaces, as they may be grabbed or entangled.

•      Wear modest clothing that covers cleavage and underwear.

•      Wear clean clothes appropriate to the style of work being undertaken.

•      Wear shoes that ensure stability when manual handling or in emergency. Avoid high heels, open-toed, flimsy footwear, thongs, moccasins or loose sandals.

Appropriate clothing demonstrates respect and professionalism for participants and for the work workers do. If in any doubt as to the suitability of grooming and clothing, please contact your Manager for clarification.

Smoking

Kyeema provides a smoke-free work environment for all its workers and participants. Smoking is within designated areas.

Workers doing residential/respite work are requested not to smoke at the front of the house where they are visible from the street.

Workers must ensure that participants are never subjected to cigarette smoke as “passive smokers”.

Workers working with children must not smoke in sight of the children, to avoid modelling an unhealthy practice.

The guidelines on smoking extend to workers and participants performing duties after normal hours, and members of the public visiting Kyeema premises.

Kyeema vehicles remain totally smoke free.

Mobile Phones/Internet Usage

Workers mobile phones should be switched to silent during a shift. Personal calls by workers should be kept to a minimum and made in their free time where possible.

Phones should be turned off or set to silent during meetings and text messages should not be sent during meetings.

The use of the internet and emails at work must be of a professional standard. Workers who misuse their internet use to engage in bullying or to access pornographic websites will be dismissed.

Inappropriate emails should not be sent to or from Kyeema workers computers; our behaviour reflects on our workplace.

Privacy and participant photos on worker’s phones

Workers may use their private phones to take photos of participants engaged in activities which are then uploaded to a Kyeema device for Kyeema’s social media use or for participant evidence.

For privacy reasons the photos should then be deleted from the worker’s phone.

Kyeema facilities and equipment 

Kyeema facilities and equipment should only be used for private purposes when official permission has been given. All workers are expected to complete any sign out/sign in requirements for use of the building or equipment.

We lend tables and chairs to workers for their own functions but do not lend motorised equipment

Workplace Communication and Workplace Bullying and Harassment

There is an expectation that workers will maintain a high level of respect in workplace communications - to participants, to other workers and to members of the community who are associated with the workplace.

Bullying and harassment is illegal and will lead to disciplinary action. Please support others by reporting to a manager or the CEO any bullying or harassment of which you become aware.

Each worker has access to the relevant OH&S, Complaints and Grievances Policies and Procedures via Kyeema’s Quality Management System. If help is needed to access something, ask a Manager or Admin worker.

Social Media

When using social media workers should assume that, regardless of privacy settings, the information is considered to be in the public domain. It is therefore important to maintain high standards of confidentiality and professionalism in any discussion of participants or the workplace.

Social Functions and Behaviour

Social functions organised by the workplace are considered to be an extension of the workplace during the time the function is in place. This includes social club events and end-of-year parties. Behaviour must still meet the values and acceptable standard for the workplace, particularly in relation to health and safety, bullying, harassment, respectful communication. The laws re drug and alcohol use must also be complied with.

Duty of Care and Dignity of Risk 

Duty of care is a legal obligation to:

a)  do no harm to a person we support and

b)  not let something else foreseeable cause harm to the person.

At times, a participant may make a decision that places him/her at personal risk. People with disabilities have a right to make choices that carry some risk - being wrapped in cotton wool is only half a life. However, if the risk is potentially considerable, risk management should be undertaken. The following must be considered:

•      Does the workers member believe that the person has full information about the activity and its possible risks in a format which he/she can understand?

•      Can the activity be made safer?

Workers involved in assisting a person with a decision about an important issue may seek support in this from a team leader or manager.

Consumption of Alcohol or other Drugs 

a)  The OH&S Act (1986) places a duty of care on employees to ensure they are not affected by the consumption of alcohol or drugs. The NDIS Code of Conduct states “Workers should not provide services or supports while under the influence of drugs or alcohol.”

b)  No alcohol is to be consumed while on duty except in the circumstances detailed at c. below. No illicit drugs are to be consumed while on duty. Any person found to be under the influence of illegal drugs or substances is to immediately leave the workplace. This will result in disciplinary action. 

c)  By prior arrangement with a manager, a workers member who is not going to drive may have a standard alcoholic drink in the company of participants provided it does not affect them to the extent of being “under the influence”. Examples may include a dinner or recreational event.

d)  If a workers member is going to drive a vehicle, they must have an alcohol reading of 0.00 at all times. Failure to comply with these directives will result in disciplinary action and possible dismissal. 

e)  Workers should ensure that the people we support keep alcohol consumption within safe levels.

More Information:

The Child Wellbeing and Safety Act 2005

A Guide for Creating a Child Safe Organisation

Child Safety and Wellbeing Policy & Procedure

The NDIS Code of Conduct. Guidance for Workers. March 2019

Social Services Regulation Act 2021 (Vic)