Your rights as an NDIS participant
As an NDIS participant, you have rights.
The NDIS Quality and Safeguards Commission was set up to uphold the rights of people with disabilities receiving NDIS-funded supports. The NDIS Practice Standards, developed by the NDIS Commission, describe these rights and the obligations that service providers have in relation to them.
It’s important for NDIS participants and their families to be aware of these Practice Standards.
Together with the NDIS Code of Conduct, the NDIS Practice Standards will assist NDIS participants to be aware of what quality service provision they should expect from NDIS providers.
NDIS Practice Standards, January 2020
What are your rights?
The NDIS Practice Standards set out five Core areas of ‘Rights and Responsibilities’. These describe the rights of participants, as well as the things providers must do to show that these rights are embedded in the way they deliver services. You can see the full set of the indicators that service providers must demonstrate for each area in the NDIS Practice Guidelines.
1 Person-centred supports
Outcome: Each participant accesses supports that promote, uphold and respect their legal and human rights and is enabled to exercise informed choice and control. The provision of supports promotes, upholds and respects individual rights to freedom of expression, self-determination and decision-making.
This is about the right of the person with disability to be at the centre of all decisions about the support they receive, to have choice and control about these supports, and to receive information in ways that are appropriate for their communication needs.
2 Individual values and beliefs
Outcome: Each participant accesses supports that respect their culture, diversity, values and beliefs.
This is about right of the person with disability to choose and receive supports that are culturally appropriate, and consistent with all other aspects of their identity and beliefs.
3 Privacy and dignity
Outcome: Each participant accesses supports that respect and protect their dignity and right to privacy.
This is about the right of the person with disability to have their personal details kept private and confidential. The person must give their consent before information about them is collected or shared.
4 Independence and informed choice
Outcome: Each participant is supported by the provider to make informed choices, exercise control and maximise their independence relating to the supports provided.
This is about the right of a person with disability to be autonomous and take charge of their own life. This might include making decisions that involve some degree of risk, expressing themselves sexually, reviewing or reconsidering their support options at any time, and/or accessing an advocate of their own choosing.
5 Violence, Abuse, Neglect, Exploitation and Discrimination
Outcome: Each participant accesses supports free from violence, abuse, neglect, exploitation or discrimination.
This is about the rights of the person with disability to be safe at all times, to be supported in the event of an incident, and to have any allegations they make against any person or organisation investigated and acted upon.
How are these Practice Standards enforced?
When service providers apply for NDIS registration, or they wish renew their registration, they have to undergo a Quality Audit to show how they comply with the NDIS Practice Standards.
It's important to be aware that these Practice Standards and the Quality Audit apply only to registered NDIS providers. At MyCareSpace, we support the rights of NDIS participants and our listed providers are all NDIS-registered.
How can you make a complaint about a service provider?
If you believe your registered service provider has not complied with the Practice Standards, you should make a complaint.
The NDIS Commission recommends that you raise your concern or complaint with the service provider first, if you feel comfortable about doing this. All registered NDIS providers must have a complaints management and resolution system in place.
If you can’t reach a resolution or you don’t get the outcome you want, you can make a complaint to the NDIS Commission by:
Phoning: 1800 035 544 (free call from landlines) or TTY 133 677. Interpreters can be arranged.
Going through the National Relay Service and asking for 1800 035 544.
Completing an online complaint contact form.
Your complaint will help to improve services for all NDIS participants.