Introduction

Decent Care has adopted the underpinning principles of the National Disability Insurance Scheme (NDIS) Code of Conduct (the Code) as set out in the National Disability Insurance Scheme (Code of Conduct) Rules 2018.

The obligations in the Code are fundamental to the rights of people with disability set out in the UN Convention on the Rights of Persons with Disabilities. Decent Care respects and supports the fundamental rights of participants to continue living independently in their own homes and communities with dignity and respect, along with choice and inclusion concerning their support needs and being free to engage an advocate and/or representative of their choice.

Scope

The Managing Directors in addition to all team members, contractors and students are required to refer to the policies outlined in the manual throughout their work, as they govern our operations and service delivery. They are expected to uphold the Policy Manual's content and raise any questions or issues. Related policies and procedures should be read in conjunction with this policy.

Code

This Code of Conduct sets out, in principle, the behaviours and standards of conduct expected of management, team members and students of the organisation who are providing support and services to a person and to uphold the rights of all participants.

By offering services to participants, Decent Care always will strive to: Act with respect for individual rights to freedom of expression, self-determination and decision-making in accordance with applicable laws and conventions Supporting people with disability to 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. All Decent Care team members undertake to understand and educate others that people with disability have full and equal human rights, debunking the historical portrayal of them being dependent, helpless and in need of care and protection.

Decent Care will deliver services in a way that maintains the standards and principles that underpin the NDIS
By delivering supports and services in accordance with the NDIS rules made under the NDIS Act (2013), Decent Care will maintain the standards and principles and uphold the conventions that underpin the NDIS. This includes the principle of the United Nations Convention on Rights of Persons with Disabilities as well as other international human rights treaties named in the NDIS Act. Decent Care will also comply with the National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018, which has been developed in line with the National Standards for Disability Services and the National Standards for Mental Health Services.

Decent Care will support people with disability to make decisions
Decent Care will support the right to freedom of expression and the right to make decisions about and exercise control over, their own lives. Decent Care ensures people with disability have the right to choice and control about who supports them and how their supports are delivered. They will support people with disability to make decisions by directly engaging with people on any choices or decisions that affect them. People with disability will be consulted about who, if anyone, they want to involve in decisions and discussions about their services and supports, or other aspects of their life. When a legal guardian or nominee is present, Decent Care will strive to be clear on the decision of which they need to involve them in decision making. However, Decent Care will ensure they listen and support the person to make their own decisions and undertake a Supported Decision-Making model when appropriate.

Decent Care will communicate in a form, language and manner that enables people with disability to understand the information and make known their will and preferences
Decent Care supports the right for people with disability to question, seek additional information on, or refuse to receive any part of service. Decent Care will deliver this by:

• Communicating 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 people being supported, using assistive technology and alternative forms of communication such as email, text messages or symbols.
• Where a person speaks a language other than English or uses Auslan, match the person with a team member who speaks their language or uses Auslan (where possible) or provide supports using qualified interpreters, where these supports are covered by their NDIS plan.
• Confirm that the person with disability and their families, carer or advocates (where relevant) understand what has been explained and are aware of the potential benefits and risks associated with any part of a proposed plan for the delivery of supports and services.
• 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.
• Where possible, provide consistent team members, so that they can build a good understanding of individual communication preferences and needs, particularly where an individual has complex communication needs.

Respect the privacy of people with disability
Decent Care will comply with State and Territory privacy laws. People with disability have a right to privacy in relation to the collection, use and disclosure of information concerning them and the services they receive. Decent Care will comply with Commonwealth, State, and Territory Laws by respecting and protecting the privacy of everyone that receives support and services from them, or those who provide supports and services. Decent Care ensures that all team members understand the policies and procedures by providing robust induction processes, including the team member Code of Conduct. Decent Care strives to provide a clear explanation to people with disability about:

• The kinds of personal information that will be collected and held, including recorded/audio and visual material
• Why this information is being held
• Who will have access to this information
• How we ensure that the information is secure
• How the information will be used
• How to access and amend information held about them
• How to make a complaint if they feel that Decent Care has breached their privacy obligations.

Decent Care is aware of certain circumstances where they should disclose information about a person without the consent of the person involved. This may include child protection matters and reports of incidences where violence, exploitation, neglect, abuse, and sexual misconduct are to be reported to the NDIS Commission and the Police.

Decent Care deliver services in a dignified way that maintains personal privacy
Decent Care has policies, procedures, resources, team member training and service delivery models to support team members in:

• Maintaining the confidentiality of the person’s personal information
• Explaining and requesting permission to perform procedures that involve invasion of personal space, privacy or information.

Decent Care will ensure team members have the necessary training, competence and qualifications for the supports and services that are delivered by:

• Supporting team members to adopt the values underpinning the NDIS including choice and control and person-centred approaches
• Having recruitment and selection processes (including referee checks) that identify skills, experience and qualifications required by team members to perform their role
• Providing relevant training
• Providing appropriate supervision
• Not directing team members to deliver supports and services for which they do not have the necessary training, competence and is not within the scope of their role.

Decent Care ensures that services provided to people with disability are consistent with professional regulatory codes.

Meet relevant work health and safety requirements
Decent Care have relevant and robust work health and safety requirements that meet the requirements of the Work Health and Safety Act 2011 and state regulatory requirements. A strong commitment is upheld to ensure the safety of team members and other persons at the workplace.

Maintain appropriate and accurate records and follow security procedures
Decent Care provide services in a safe and competent manner and maintain accurate records to ensure continuity of support between team members and inform future service delivery. Records are created at the time of the event or action or as soon as possible afterwards to maintain integrity and are securely stored as per the records procedure.

Appropriate record management is demonstrated by:

• Showing respect for people living with a disability by avoiding the inclusion of demeaning or derogatory language or remarks in records
• Keeping accurate, up to date and legible records that report relevant details of a participant’s service history and support needs
• Detailing any allegations and incidents that may have occurred, including alleged breaches of the code and how they were managed
• Recording feedback, complaints, incidents and allegations
• Recording any other issues that may have arisen while providing services
• Maintaining sufficient detail to facilitate continuity of participant supports and inform future service delivery
• Retaining participant records for a minimum of seven years after the service provision.

Decent Care undertakes to maintain all relevant insurances as required for the scope of service
Decent Care holds the required relevant amount of insurance for:

• Public Liability
• Professional Indemnity

Act with integrity, honesty and transparency
In the interest of upholding high-quality service delivery, Decent Care undertakes to always provide participants with accurate information about the service provision, the services they receive and any real or perceived conflicts of interest of the people working with them. Participants are encouraged to make decisions in their best interest-free from inducements or pressure.

Provide supports and services appropriate to the needs of the participant
Decent Care ensure that people with disability have accurate, accessible and timely information about the cost and efficacy of supports and services. Decent Care provides a clear quote for support and an easily understood breakdown of costs for different service options; information supporting the effectiveness of the supports, the experience of other people with the support and the risks and benefits of service options. Decent Care ensure that they only provide supports that are appropriate to the needs of the participant. They ensure this by:

• Supplying truthful information about the capacity, qualifications, training and professional affiliations of their workforce including if a team member has been excluded from a NDIS worker screening check for a role that involves more than incidental contact with a participant
• Not making false claims about the efficacy of any supports, services or products
• Give clear advice about the full costs of the service or support and what the cost covers
• Not making 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
Decent Care undertake this by disclosing to the people they support or who are seeking support, any conflicts of interest- potential or real – that may impact on how they deliver supports and services to that person. This includes conflicts of a financial, business or personal nature, including any financial and/or corporate interest or relationship the NDIS provider may have with other entities, including businesses or organisations, or of a personal nature, including but not limited to cultural, religious or social relationships.
Decent Care will:

• Not give, ask for, or accept any inducement or gift that impacts or may impact on the way it provides supports or services under NDIS, including referral arrangements with other providers
• Not allow any financial or commercial interest in an organisation or company providing products, services or supports to people with disability to adversely affect the way in which the Decent Care engages with people with disability
• Engage in recruitment practices, such as probity checks and reference checks, to uncover any potential or real conflicts of interest that are considered employing.

Through induction and ongoing training, Decent Care ensure all team members are aware of their obligation to declare a conflict of interest and inform people with disability when they have an interest that may impact supports and services provided to a person with disability (i.e. other than simply being paid for providing the services or supports).Team members are also aware of their obligation to not give inducement or gifts, ask for any inducement or gift, or accept any inducement or gift of more than minor value, from people with disability, their families, carers or advocates.

Avoid engaging in, participating in, or promoting sharp practices
Decent Care understands that sharp practice refers to a range of practices involving unfair treatment or taking advantage of people including over-servicing, high-pressure sales and inducements.

Decent Care understands that sharp practice refers to a range of practices involving unfair treatment or taking advantage of people including over-servicing, high-pressure sales and inducements.
These practices include but are not limited to

• Providing services or expending funds contrary to a person with a disability’s approved plan
• Asking for or accepting any additional fees for providing the service
• Offering inducements or rewards that have no link to a person’s NDIS plan and that could be perceived to encourage people to take up or continue with Decent Care or service option
• Engaging in high-pressure sales.

Decent Care understand that the above listed misleading or deceptive conduct is a breach of the NDIS code and may also breach the laws and regulations administered by other regulatory authorities.

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
Decent Care values resonate with that of NDIS; people with disability have the right to safe and quality supports and services and are committed to providing safe and quality supports sand services. In providing this, Decent Care uphold robust and effective complaints, resolution and incident management investigation and disciplinary processes, and meet relevant NDIS Commission reporting requirements.

Foster an environment where people with disability, their families, carers, advocates and team members feel safe to make a complaint or report issues
Decent Care fosters an environment in which people feel safe to make a complaint or provide negative feedback without fear of retribution, by guaranteeing procedural fairness principles that are applied throughout the complaints process. This is supported by the complaints policies, procedures and training provided to team members.

Operate effective complaints processes
Decent Care operates an effective complaints process by ensuring anyone can make a complaint about supports provided under NDIS, including alleged breaches of the code. Decent Care play an active role in supporting people with disability to understand their rights and to raise concerns if their rights are violated. Information is provided about how complaints can be made to Decent Care and the NDIS Commission. Decent Care upholds a robust complaints management system in accordance with the National Disability Insurance Scheme (Complaints Management Resolution) Rules 2018.

Operate an effective incident management system
Decent Care operates an effective incident management system to identify, assess, manage and resolve incidents that occur during delivery of NDIS supports or services and pose a risk of harm to people with disability. Additionally, Decent Care undertakes to report the most serious of these incidents to the NDIS Commission as reportable incidents. Reportable incidents are defined in the NDIS Act 2013 as:

• The death of a person with disability
• Serious injury of a person with disability
• Abuse or neglect of person with disability
• Unlawful sexual or physical contact with, or assault of, a person with disability
• Sexual misconduct committed against, or in the presence of, a person with disability, including grooming of the person for sexual activity.

The use of 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.
Reporting obligations are documented in the complaints and incident management arrangements.

Undertake investigative and disciplinary action and comply with external investigations
Decent Care undertakes investigative and disciplinary action and comply with external investigations by upholding robust and transparent procedures for investigating and acting upon alleged breaches of the Code that includes disciplinary action. Decent Care is committed to co-operating with any external investigations that are undertaken by the NDIS Commission or other relevant third parties.

Take all reasonable steps to prevent and respond to all forms of violence against, and exploitation, neglect and abuse of, people with disability
Decent Care recognises that people with disability are at far greater risk of experiencing violence, abuse, neglect and exploitation, than others in the population.
Decent Care understands violence, abuse, neglect and exploitation as a broad list that includes, 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 abuse; neglect; passive neglect; and willful deprivation.
Decent Care adopts a zero-tolerance approach to violence, abuse, neglect and exploitation using strategies to prevent, intervene early and respond to these practices.

Commit to eliminating any form of violence, abuse, neglect and exploitation
In Decent Care commitment to eliminate any form of violence, abuse, neglect and exploitation they:

• Have policies, systems and procedures in place that are designed to increase understanding of and eliminate violence, abuse, neglect and exploitation of people with disability
• Ensure policies, systems and procedures are understood and used by team members
• Encourage team members to use their initiative, to be alert to situations that may give rise to violence, abuse, neglect and exploitation and take steps to avert such situations
• Ensure incidents and responses inform continuous improvement
• Inform people with disability and team members of all available avenues for raising concerns or complaints, noting their right to do so without fear of retribution
• Uphold whistle-blower protections.

Identify and respond to incidents of violence, abuse, neglect and exploitation and report these to the NDIS Commission and, as appropriate, to other relevant authorities
Decent Care is committed to identifying and responding to incidents of violence, abuse, neglect and exploitation and report these to the NDIS Commission and, as appropriate to other relevant authorities. If an incident or criminal act of violence, abuse, neglect or exploitation does occur, the primary focus of Decent Care is that all people affected are safe and:

• Abide by State and National mandatory reporting requirements
• Ensure team members are trained on and understand how to immediately report the incident or allegation to their supervisor and/or other relevant regulatory authorities, including the police
• Notify the NDIS Commission about reportable incidents
• Act swiftly to involve the police and the NDIS Commission
• Fully comply and cooperate with any investigative actions taken by the NDIS Commission or other relevant authorities, including the police.

Any act of violence, abuse, neglect and exploitation by a participant prompts an assessment/re-assessment of a participant’s service package and the delivery of services to ensure their supports are being delivered in a constructive manner that maximises the benefit to the participant. This includes a review of any behaviour support plans by a specialist behaviour support provider to reduce the risks of future violence.

Decent Care notes and is aware that if the NDIS notes that a team member considers that a NDIS provider has not responded appropriately to incidents of violence, abuse and neglect or if they think the matter might be of more systemic significance, they are encouraged to report the incident to the NDIS Commission.

Decent Care will not use adverse action or threats of adverse action against a team member and understand that the NDIS Commission has legislative powers to protect team members and other people who report incidents to the NDIS Commission and can take regulatory action.

Reduce and eliminate restrictive practices
Decent Care does not undertake restrictive practice, however, is committed to reducing and eliminating restrictive practices and understands that it is recognised that they represent serious human rights infringements and that these routines are harmful and often exacerbate the behaviours they were intended to address.

Take all reasonable steps to prevent and respond to sexual misconduct
Decent Care supports the right of people with disability to sexual expression and to develop and maintain sexual relationships. Decent Care is committed to providing access to information and supports to assist them to make informed and positive choices about sex, sexuality, relationships and reproductive health and wellbeing, as well as exercise their rights regarding privacy. Decent Care understands that sexual misconduct is a broad term that encompasses any unwelcome acts or behaviour that are experienced by the person with disability. 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. Decent Care is committed to their responsibility of the key role in implementing practices that minimise the risk of sexual misconduct with clear guidance for team member behaviour and processes for reporting sexual misconduct to the NDIS Commission and any other relevant authorities.

Have in place clear guidance for team member behaviour
Clear guidance for team member behaviour and response to sexual misconduct is outlined in the team member induction code of conduct training. It explicitly indicates that team members are expected to adhere to the highest standards of behaviour, be respectful and take every action to make sure people with disabilities are safe.
This includes having professional boundaries in place for relationships between team members and people with disability and preventing and responding to any inappropriate behaviours by anyone to a person with disability, including sexual misconduct. The code of conduct details that team members will not commit sexual misconduct with persons with disability that they support.
Guidance for NDIS team members includes:

• Distinguishing between sexual misconduct and appropriate conversations around a participant’s sexual support or family planning needs
• Distinguishing between inappropriate touching and appropriate touching
• Guide team members in setting boundaries with the person they are working with
• Guide team members in determining whether their own or others’ relationships have become inappropriate and instruct them to cease any such relationship
• It is understood that team members found not to have complied with a professional code or standard regarding sexual misconduct whilst providing NDIS supports and services may be regarded as breaching the NDIS Code of Conduct.

Operate effective processes for dealing with sexual misconduct
Decent Care undertakes effective processes for dealing with sexual misconduct by ensuring there are appropriate policies and procedures in place for team members to identify and report any alleged sexual misconduct, unlawful sexual or physical conduct or inappropriate relationships internally and to the NDIS Commission and other relevant authorities. Decent Care is committed to creating an environment in which people with disability feel safe and are informed about how to make a complaint about any alleged sexual misconduct and without fear of retribution or loss of service. Decent Care also has processes in place to facilitate access to independent advocacy support, or support for harm or trauma experiences if the person desires this support. Decent Care is aware of its requirement to notify the NDIS Commission under The National Disability Insurance Scheme (Reportable Incidents) Rules 2018 about allegations of sexual misconduct.