Helpdesk Top 5: April 2022
Our Board is looking at changing our constitution. Can you suggest any legal advice in this area, or potentially a template for a modern constitution?
NDS is not able to provide legal advice and the following should not be considered such advice. Having said this, NDS members are able to access a free 15-minute over-the-phone consultation with Holman Webb lawyers on any business-related issue, including governance. More detail is available on the NDS website.
Additionally, the Australian Institute of Company Directors is a useful source of organisational governance information and resources. The following resources may be useful (all on the AICD website):
Neither of the above is specific to not-for-profit organisations, so the following document may also be worth consulting as well:
In considering the sample constitution, it is worth noting the disclaimer that the sample is designed to provide general background and to be used as a starting point.
One final thought is that NDS itself has used the Associations Forum to assist with governance matters.
We are a registered NDIS provider for registration groups 0102, 0106, 0127, 0128 and 0132. Are we able to delivery support under the item ‘CB Training in Plan and Financial Management by a Support Coordinator’ (07_003_0117_8_3)? We are not registered under the registration group 0117 Development of Daily Living and Life Skills.
NDS understands that Capacity Building and Training in Plan and Financial Management by a Support Coordinator (07_003_0117_8_3) is considered a higher risk support type by the NDIS Commission. This support line can only be delivered by providers who have registered under 'Development of Daily Living and Life skills' and have passed a Certification audit.
In the School Leaver Employment Supports Booklet states that SLES is an annualised amount. Does that mean we divide that amount by 48 weeks to arrive at an amount we will bill them weekly?
Yes, you are correct. The annual amount needs to be divided by 48 and the participant charged that amount on a weekly basis.
For providers of assistance with self care, supplying a participant with 24/7 support, the participant’s nominee has asked if they are responsible for contributing toward everyday living costs like water and electricity. Is there anything to hold providers to this?
As far as we are aware the NDIS Price Limits and Arrangements do not provide guidance or have any requirements relating to how providers may calculate and contribute to costs such as utilities when staff are providing 24-hour support in a participant's home. NDIS prices do include an overhead component for providers to cover these types of costs when supports are being provided from providers' premises, however there is no standard breakdown of this by type of overhead. Overheads also include costs such as insurances and administration, etc.
It may be that the providers and the participant's nominee will need to identify the activities that staff are involved in that do not involve direct support to the participant and, based on this, negotiate a reasonable cost contribution.
We are seeking assistance regarding implementing the new practice standards and developing policy to meet these – particularly the Emergency and Disaster Management requirements.
NDS can provide two options that may assist regarding developing emergency and disaster policy.
A free resource from NDS, the NDIS Practice Standards Interpretative Guide may be helpful in developing your policy in-house. There are other resources at the same link that also may be of assistance.
Another option is the NDS Quality Portal. NDS’s partner, BNG NGO Services Online, offers providers a range of resources for policy development. You can register for a free trial to get a sense of whether what is available would meet your needs.