Document ID: chunk:federal_register_of_legislation:F2023L01383:schedule:1:p1
Version: federal_register_of_legislation:F2023L01383
Segment Type: schedule
Provision Reference: sch 1 (pt 1/2)
Character Range: 2483–5636

Schedule 1— Directions

    1               Commissioner must review and/or develop policies and procedures
 (1) The Commissioner is directed to ensure the Commission has policies and procedures in place that require its staff to take timely, firm and appropriate compliance and enforcement action against NDIS providers who fail to comply with applicable requirements under the Act concerning the use of restrictive practices in relation to a person with disability.
 (2) The Commissioner may comply with subsection (1) by doing one or both of the following:
 (a) reviewing, updating and implementing existing policies and procedures;
 (b) developing and implementing new policies and procedures.

    2               Content of policies and procedures
  The policies and procedures mentioned in section 1 must include:
 (a) procedures that require staff of the Commission to:
 (i) make timely, appropriate and reasonable use of all available powers under the Act, including, but not limited to, making banning orders, suspending and revoking registration of providers and pursuing civil penalties, and referring appropriate matters to the police for investigation of potential breaches of criminal law;
 (ii) swiftly responding to complaints and notifications of reportable incidents concerning the use of restrictive practices and conducting timely and appropriate investigations into the issues raised;
 (iii) work collaboratively with the Agency to ensure the safety of people with a disability by sharing information (as permitted by law); and
 (iv) actively monitor registered NDIS providers' compliance with the conditions of registration relating to behaviour support plans and restrictive practices;
 (b) service standards setting out timeframes within which the Commission aims to respond to complaints and notifications of reportable incidents;
 (c) a procedure to support the timely and efficient collection, analysis, and dissemination of information relating to the use of behaviour supports and restrictive practices by NDIS providers, to the extent that the law permits such information to be collected, analysed and disseminated.

    3               Publication of policies and procedures
       The Commissioner is directed to ensure that all policies and procedures in place under section 1 are published on the Commission's website as soon as practicable after coming into effect.

    4               Statements of expectations
  If the Minister issues a statement of expectations to the Commissioner, the Commissioner is directed to respond within 28 days of the date of that statement by providing to the Minister a statement of intent detailing how the Commissioner intends to meet the Minister's expectations.

    5               Reporting requirements
 (1) The Commissioner is directed to provide a report to the Minister by 31 October 2023 and every three months thereafter (the reporting date), outlining the steps they have taken to implement this direction.
 (2) A report given under subsection (1) must contain information about the implementation of and compliance with the policies and procedures mentioned in section