The Royal Commission has released an Overview of responses to the Safeguards and quality Issues paper, addressing topics such as prevention, service culture, governance, reporting and oversight. Themes are drawn from 48 responses from providers, peak bodies, government agencies and people with disability and their representative organisations.

Several responses argue a greater emphasis on prevention is needed, and that relying on complaints to trigger action is inadequate. There is a recognition of the need for both ‘natural’ and formal safeguards. Some responses said the NDIS Commission emphasises compliance rather than practice; some suggested incentives for registration and re-registration.

Workforce quality is highlighted, including NDS’s assertion that NDIS price caps should allow for more support for supervision, training and reflective practice. Multiple responses suggested the need for greater training and education of providers and staff alike. A union response argued NDIS pricing means pay doesn’t reflect worker skills, undermining quality.

Complaints processes also feature heavily. Barriers to complaints include fear of retribution, stoicism and self-reliance. Some suggested providers require a service user to ‘work their way up’ organisation hierarchy to complain, even if this includes the subject of the complaint. A particularly concerning response claims providers have refused to engage with advocates, withdrawn services following complaints and threatened complainants with Guardianship orders.

Some highlighted proposals for change include:

• Assessment of ‘natural’ safeguards during NDIS planning
• A national Community Visitors program
• Strengthening service users’ role in service design, delivery, governance and evaluation
• A more proactive role for the NDIS Commission, including outreach and greater enforcement of Standards
• Ensuring a positive, rather than adversarial, attitude to complaints among providers and safeguarding bodies
• More stringent and frequent auditing of group homes, including spot checks; quality rating system for group homes.

Several responses suggested expanding the National Preventative Mechanism to apply to ‘all closed settings affecting people with disability’. The Mechanism sits under the UN Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) and currently applied in some jurisdictional detention settings.

NDS’s submission is referenced several times in the document.

The document notes it does not state the position of the Royal Commission on any issues raised. All providers are encouraged to read the full 18-page document.