NDIS Participants in Residential Aged Care
The NDIS Commission has released its transitional arrangements to guide RAC providers supporting NDIS participants regarding 1 December 2020 obligations. Read these below and visit the NDIS Commission webpage NDIS participants in residential aged care for further information.
Transitional Arrangements for RAC Providers
The National Disability Insurance Scheme Legislation Amendment (Transitioning Aged Care Providers) Rule 2020 (the Transition Rule) is currently being considered by states and territories.
The Transition Rule reflects the transitional arrangements that will be implemented when residential aged care providers move to regulation by the NDIS Commission. Transitional arrangements are proposed for:
- Registration of residential aged care providers as registered NDIS providers
- NDIS Worker Screening; and
- Positive Behaviour Support.
NDIS Provider Registration
RAC providers with NDIS participants at 1 December 2020 will be automatically registered as NDIS providers under the class of support (also known as registration group) 0115 – Assistance with daily life tasks in a group or shared living arrangement.
RAC providers will receive a certificate of registration from the NDIS Commission at the time of transition. The certificate of registration will include details of the registration, including the period for which the registration is in force and conditions that apply to the registration.
Registration Renewal Requirements
As RAC providers will be automatically registered with the NDIS Commission, they will not be required to immediately undertake the audit process against relevant NDIS Practice Standards that is required of new applicants for NDIS provider registration.
A phased approach will be taken to determine when each RAC provider is required to commence the NDIS registration renewal cycle, including undergoing a third-party audit against the relevant NDIS Practice Standards. RAC providers will be advised of their registration renewal date on the certificate of registration they receive from the NDIS Commission. Registration renewal allows an assessment of the suitability and capability of the RAC provider to maintain NDIS provider registration.
Work is underway to identify alignment with the NDIS Practice Standards and the Aged Care Quality Standards, to inform arrangements for audit against the NDIS Practice Standards that minimise regulatory burden on providers without reducing safeguards for NDIS participants.
Guidance material is also under development to assist RAC providers to prepare for and undertake an NDIS audit.
NDIS Worker Screening
For the period from 1 December 2020 to 1 February 2021, it is anticipated that registered RAC providers will be required to ensure that workers (staff members and volunteers) in risk assessed roles have an acceptable aged care provider check (‘aged care check’) in accordance with the requirements of the Accountability Principles 2014. These requirements under Part 6 of the Accountability Principles 2014 include a police check and, if necessary, a statutory declaration stating that the person has not been convicted of certain offences. These aged care checks will be recognised for three years from the date the clearance is given.
From 1 December 2020, dual providers can satisfy their obligations under the Worker Screening Rules by ensuring that a worker engaging in a ‘risk assessed role’ holds:
- an acceptable aged care provider check; OR
- an acceptable check in accordance with state and territory transitional arrangements; OR
- an NDIS Worker Screening Check clearance (when it commences across Australia from 1 February 2021).
An acceptable aged care provider check will no longer be valid after three years having passed from the date the police certificate was issued (before 1 February 2021).
Compliance with the National Disability Insurance Scheme (Practice Standards – Worker Screening) Rules 2018 is a condition of registration for all registered NDIS providers under the NDIS Act 2013.
Behaviour Support in the NDIS
There are significant differences between the behaviour support requirements in aged care and those in the NDIS.
- By 1 January 2021, have to notify the NDIS Commission on the use of a regulated restrictive practice for an NDIS participant.
- Where no positive behaviour support plan exists for the NDIS participant:
- by 1 March 2021, take all reasonable steps to obtain an interim behaviour support plan, and obtain authorisation for the use of the regulated restrictive practice from state and territory bodies.
- by 1 June 2021, take all reasonable steps to obtain a comprehensive behaviour support plan and obtain authorisation for the use of the regulated restrictive practice from state and territory bodies.
- Comprehensive positive behaviour support plans for NDIS participants who need one will need to be in place by 1 December 2021.
Any restrictive practice not authorised (however described, by the state/territory) and not in accordance with a behaviour support plan is an unauthorised restrictive practice and needs to be reported to the NDIS Commission as a reportable incident within 5 business days.
I am not currently registered with the NDIS Commission, what are my current requirements?
RAC providers who are not registered NDIS providers are currently subject to the NDIS Code of Conduct.
NDIS participants in residential aged care are able to make complaints to the NDIS Commission. In handling complaints about residential aged care providers, the NDIS Commission will work closely with aged care complaints and other regulatory bodies.
Providers remain subject to quality and safeguards regulation under the Aged Care Act 1997.
I am not currently registered with the NDIS Commission, when do I need to register?
If you are an existing RAC provider supporting an NDIS participant on or before 30 November 2020, you do not need to do anything to register with the NDIS Commission. As a RAC provider supporting NDIS participants, you will automatically become registered with the NDIS Commission on 1 December 2020. We will send you a certificate of registration with the NDIS Commission which includes a date by which you must undertake a third-party audit to ensure your NDIS registration remains in place. ACSA will be able to provide you with further information about the registration obligations that will apply to you from 1 December 2020 and the transition process.