What is in the Framework?
The NDIS represents a fundamental change to how services for people with disability are funded and delivered across Australia. The Framework provides a nationally consistent approach to help empower and support NDIS participants to exercise choice and control, while ensuring appropriate safeguards are in place, and establishes expectations for providers and their staff to deliver high quality supports. The Framework has been developed following intensive consultation and collaboration between all governments, people with disability, carers, service providers and other stakeholders.
Principles of the Framework
The following principles underline the Framework:
Human rights: Measures within the Framework are designed to uphold and respect the human rights of people with disability.
Choice and control: Developmental measures within the Framework are designed to empower and support people with disability to make informed decisions about providers and supports.
National consistency: The Framework is designed to ensure that people with disability have the same protection, regardless of where they live in Australia.
Proportionality: The regulatory requirements for workers and providers are tiered to ensure regulation is proportionate to the level of risk associated with the type of support offered and the needs of the participants supported.
Presumption of capacity: The Framework, like the NDIS, starts from the presumption that all people with disability have the capacity to make decisions and exercise choice and control.
Minimisation of red tape: The Framework streamlines requirements so the system is easier for people with disability to navigate and red tape is reduced for providers.
Efficiency and effectiveness: The Framework is designed to support the development of an efficient and effective NDIS market. The Framework consists of measures targeted at individuals, the workforce and providers within developmental, preventative and corrective domains. Developmental measures help to strengthen the capability of people with disability, disability workers and suppliers of supports under the NDIS. The preventative and corrective measures help to ensure appropriate responses to issues that arise, as well as identifying opportunities to prevent them in future, either through a regulatory response, or through education and capacity building.
How will the Framework be implemented?
The Commonwealth will be responsible for the following new national functions:
provider registration including quality assurance;
a complaint handling system;
serious incident notification;
restrictive practice oversight; and
investigation and enforcement. Worker screening will be collaboratively implemented with the states and territories. State and territory worker screening units will be responsible for worker screening checks in their own jurisdictions.
The Commonwealth will have responsibility for working with all governments to develop national policy and standards to be implemented. An NDIS senior practitioner will provide clinical leadership in positive behaviour support, and reducing and eliminating the use of restrictive practices in the NDIS. States and territories remain responsible for the authorisation of restrictive practices in their jurisdiction.
The Framework also encompasses functions such as:
advocacy services which will be funded outside of the NDIS through government funded programs such as the National Disability Advocacy Program;
systems for detecting fraud and related issues associated with the responsibility for paying providers and verifying that supports have been delivered which will remain the responsibility of the National Disability Insurance Agency (NDIA);
complaints about the NDIA, or NDIA-funded local area coordinators, which will be addressed through existing measures;
universal complaints and redress mechanisms —including Fair Trading, professional and industry bodies —which will continue to be available to participants; and
anti-discrimination and human rights legislation overseen by the Disability Discrimination and Human Rights Commissioners, which will provide additional avenues for raising a complaint.
When will the Framework be in place?
The national quality and safeguarding arrangements will be in place for NDIS full scheme. What happens during the transition period? Until the Framework is implemented, states and territories remain responsible for quality and safeguarding arrangements, including managing complaints and feedback, along with the NDIA.
Click this link for more information and for the full framework.