Document ID: chunk:federal_register_of_legislation:F2018N00155:reg:5:p2
Version: federal_register_of_legislation:F2018N00155
Segment Type: reg
Provision Reference: reg 5 (pt 2/13)
Character Range: 7404–10379

are in dispute;

       (e)    the gravity of possible findings that may be reached; and

       (f)     the sanctions that could be imposed based on those findings.

    (3)    Sometimes a quick, informal and consultative procedure will be sufficient – but on other occasions procedural fairness may require a more formal, structured or arms-length procedure. A more formal procedure may be required if a complaint involves direct criticism of or an allegation against a worker, or consideration is being given to imposing a sanction on an NDIS provider or worker. Even in those situations, procedural fairness does not preclude the adoption initially of an informal and consultative process that can become more formal at the request of a party or if circumstances require. A transparent procedure should be adopted that ensures that any person whose interests may be directly and adversely affected by a complaint process is given the opportunity to have their views heard and considered in a fair and impartial manner.
    (4)    The obligation to provide procedural fairness must be balanced against the need to ensure that neither a complainant (including a person with disability) nor a person with disability affected by an issue raised in a complaint is disadvantaged as a result of the complaint being made and resolved. The steps adopted to ensure procedural fairness in any situation must be tailored to ensure that disadvantage is not suffered by the complainant or person with disability.
    (5)    Procedures developed by a registered NDIS provider as part of its complaints management and resolutions system must take into account the elements of, and approach to, procedural fairness described in this instrument.
            Note: A complaints management and resolution system must be appropriate for the registered NDIS provider's size and the classes of supports or services provided – see Part 2, Complaint Rules.

  8        Procedural fairness and other legal requirements
    (1)    The Act and the Complaint Rules outline procedural steps that must be followed by registered NDIS providers and the Commission in complaint handling. The central purpose of those requirements is to ensure fairness for all involved parties. Compliance with those steps will go a long way towards meeting procedural fairness legal requirements.
    (2)    It is important that the specific requirements of the Act and the National Disability Insurance Scheme rules are followed, in addition to procedural fairness requirements.
    (3)    Other laws such as the Fair Work Act 2009 (Cth) contain protections for workers in relation to adverse employment action. Consideration may need to be given to the requirements of other laws in addition to procedural fairness requirements.

  9        NDIS principles and objectives

(1)    The Act outlines the principles and objectives that guide the NDIS scheme generally, and complaint handling in particular. Those principles