The purpose of this policy and procedure is to set out how Empowering Connection ensures it complies with the range of legislative, regulatory, and contractual requirements that apply to its operations. It applies to all staff and meets relevant legislation, regulations, and standards.

Failure to comply with the compliance requirements of the NDIS legislation and rules may lead to the NDIS Commissioner taking compliance and enforcement action against Empowering Connection.

Applicable NDIS Practice Standards

Quality Management

Outcome

Each participant benefits from a quality management system relevant and proportionate to the size and scale of the provider, which promotes continuous improvement of support delivery.

Indicators

• A defined structure is implemented by the governing body to meet a governing body’s financial, legislative, regulatory, and contractual responsibilities, and to monitor and respond to quality and safeguarding matters associated with delivering supports to participants.

Definitions

Approved Quality Auditor - a person or business approved by the NDIS Commission to audit NDIS Registered Providers against the NDIS Practice Standards.

Banning Order - a written notice provided by the NDIS Commissioner to a NDIS provider or person employed or engaged by a NDIS provider, prohibiting them from certain activities. A banning order may apply generally or be limited in application. It may also be permanent or for a specified period.

Certification - an assessment of a NDIS Registered Provider conducted by an approved quality auditor against the NDIS Practice Standards. Certification involves:

• a desk top review of the provider, including relevant documentation such as Policies and Procedures
• an inspection of the sites, facilities, equipment, and services used to deliver NDIS supports and
• interviews with key personnel, staff, and participants.

Commissioner of the NDIS Quality and Safeguard Commission (NDIS Commissioner) - the person who leads the NDIS Commission.

Compliance Notice - a written notice provided to a NDIS provider by the NDIS Commissioner if the NDIS provider is not complying with the NDIS Act 2013 (Cth). Failure to comply with a Compliance Notice will result in a civil penalty (fine) and may lead to the provider’s registration being suspended or revoked.

Enforceable Undertaking - in the context of the NDIS and this Policy and Procedure, an agreement made between the NDIS Commission and a NDIS Provider that is legally binding and enforceable in a court. In these circumstances, the commitment would relate to activities the provider has agreed to undertake to address or rectify compliance issues.

NDIS Code of Conduct - a code of conduct that applies to all NDIS providers and the people employed or engaged by them, regardless of whether they are registered. The NDIS Code of Conduct supports the rights of people with disability in the NDIS to have access to safe and ethical supports and reflects the core values and principles set out in the NDIS Act 2013 (Cth).

*NDIS Practice Standards - *****standards concerning the quality of supports or services to be provided by registered NDIS providers. ******Non‑compliance with the NDIS Practice Standards by registered NDIS providers constitutes a breach of their registration.