Document ID: chunk:federal_register_of_legislation:F2018N00155:reg:5:p6
Version: federal_register_of_legislation:F2018N00155
Segment Type: reg
Provision Reference: reg 5 (pt 6/13)
Character Range: 18088–20907

exposes a provider to reputational disadvantage if the fact of the inquiry becomes publicly known. Accordingly, it is generally prudent to provide advance notice of an inquiry to a provider that may be individually targeted or affected by the inquiry.
    (14)  The Commission decides the terms of reference for an inquiry. Procedural fairness does not require that a provider is given a reasonable opportunity to comment on the draft terms of reference – but it can be prudent administrative practice to do so in order to focus the inquiry on relevant and specific matters. This step may be less appropriate if a large number of providers fall within the scope of the inquiry and each is no more specifically affected than other providers.
    (15)  During the conduct of the inquiry there will be a need to take procedural fairness steps in relation to any provisional adverse finding against an individual provider, worker or other person. This is particularly important if the Commission may publish a report that sets out the adverse finding (subsection 29(6) of the Complaint Rules).
    (16)  A referral by the Commission of an issue raised in a complaint to the Minister, the Agency or another person or body: A Commission decision to refer a complaint issue to another organisation under section 31 of the Complaint Rules may expose a provider to disadvantage – for example, if the matter referred involves an allegation against the provider, or the referral may lead to a separate inquiry by that other organisation into the actions of the provider.
    (17)  It is generally prudent to advise a provider in advance that a referral is being made, to alert it to any possible disadvantage. It is not usually necessary to invite the provider to make a submission before the referral occurs, as the obligation to afford procedural fairness will apply to the other entity if it decides to take action on the referral.

Part 3 – Key elements of procedural fairness

  11    Procedural fairness steps – an illustrative summary
    (1)           Registered NDIS providers and the Commission must have regard to procedural fairness obligations in a range of different circumstances that are noted above. The nature of the procedural fairness obligation can vary in each situation.
    (2)           The following summary illustrates the procedural fairness steps that may need to be taken in one typical situation - when a registered NDIS provider has received a complaint that alleges inappropriate behaviour by a worker.

  12    Procedural fairness steps in dealing with a complaint that alleges inappropriate conduct by a worker
    (1)                A registered NDIS provider that is intending to investigate or act upon a complaint it has received that expressly or implicitly alleges inappropriate conduct by