Document ID: chunk:federal_register_of_legislation:F2018N00155:reg:5:p3
Version: federal_register_of_legislation:F2018N00155
Segment Type: reg
Provision Reference: reg 5 (pt 3/13)
Character Range: 10097–13040

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 and objectives are relevant in deciding how procedural fairness requirements apply in particular circumstances, as the following examples illustrate:

       (a)    The objects of the Act include that people with disability have the same rights as other members of Australian society to pursue grievances and to be involved in decision making that affects them. To meet that objective when dealing with a complaint made on behalf of a person with disability, a registered NDIS provider or the Commission should, if necessary, consider taking separate procedural fairness steps in relation to both the person making the complaint and the person with disability.

       (b)   The Complaint Rules require the Commission to seek to resolve complaints as quickly and with as little formality as a proper consideration of the complaint allows (paragraph 16(5)(c)).

       (c)    The Complaint Rules allow that complaints to registered NDIS providers and the Commission may be made anonymously and that a complainant may request that information be kept confidential (subsections 8(1) and 15(3)). This is relevant in deciding the nature of the information to be disclosed to a provider or worker for the purposes of a procedural fairness hearing. The Complaint Rules equally acknowledge that it may not always be possible to fully honour a request for confidentiality if a complaint is to be properly investigated.

       (d)    The NDIS Code of Conduct requires providers (whether registered or not) and workers to act with respect for individuals and to respond to allegations of abuse. It may accordingly be necessary in resolving a complaint to reach a finding that is adverse to an individual worker or that results in a sanction being imposed. A fair process should be followed in reaching that adverse outcome, but procedural fairness does not preclude it.

  10    How procedural fairness applies to NDIS complaint handling
    (1)    This section contains brief examples and discussion of where the obligation to observe procedural fairness in NDIS complaint handling is likely to arise.
    (2)      A complaint to a registered NDIS provider about the supports or services being provided to a person with disability: A registered NDIS provider must afford procedural fairness to a person making a complaint, as that person has an interest (and possibly an expectation) in how the complaint is managed and the outcome.
    (3)      Procedural fairness requires only that the complainant has a reasonable opportunity to present their complaint, that the substance of their complaint is understood and their complaint is not dismissed on a view of the facts