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The National Disability Insurance Scheme (NDIS) has grown popular in recent years among businesses in Australia. The NDIS allows businesses to help and provide support services to people living with a disability, as well as their families.
The NDIS also extends to participants living with a disability as a result of a mental health condition.
While this is a rewarding opportunity for many businesses, it is also a highly regulated area. If you’re thinking of providing NDIS services, it’s important that you familiarise yourself with the NDIS Quality and Safeguards Commission’s requirements.
In this case, it’s worth getting in touch with an NDIS lawyer who understands the ins and outs of these legal requirements, and can help you prepare the right policies and documents to remain compliant.
In this article, we’ll go through these requirements and how you can get your business prepared for NDIS registration with the right expert lawyer.
How To Start An NDIS Business
The first step to starting an NDIS business is deciding what kind of service you want to provide.
Essentially, you can provide services as an:
- NDIS Service Provider
- NDIS Plan Manager
- NDIS Contractor
Each of these have different legal requirements as the nature of services being provided differ. Then, you’d need to formally register with the NDIS.
Again, the registration process will look different depending on which service you’re providing. Let’s go through the key differences below.
NDIS Service Provider
As an NDIS Service Provider, you’ll need to be formally registered with the NDIS. To do so, you’ll need to visit the NDIS Quality and Safeguards Commission so you can:
- Complete an audit of your organisation
- Meet certain quality standards and safeguards
- Complete a suitability assessment
- Comply with the NDIS Code of Conduct
Learn more about the formal process here.
It’s also possible to be an unregistered provider. However, we highly recommend conducting business as a registered NDIS provider as this will give you access to all of the NDIS support services.
It will also help protect your business as working in the NDIS field can involve many key risks. In addition, you’ll be handling sensitive health information which is often treated with extra care under Australian privacy laws.
NDIS Plan Manager
An NDIS Plan Manager is different to a service provider. Instead, a plan manager acts as the middleman between an NDIS service provider and an NDIS participant.
A plan manager will then assist in managing their NDIS plan.
However, an NDIS plan manager still needs to be formally registered with the NDIS.
Additionally, they’ll need to have the appropriate legal documents tailored to their services, such as an NDIS Plan Management Services Agreement (we’ll cover this shortly!).
NDIS Contractor
Another way you could provide NDIS services is as an NDIS Contractor. This could include a person or organisation contracting in between other organisations to provide NDIS services.
If this sounds like you, it’s important that you take measures to protect yourself as a contractor. The nature of your services and the level of formality involved may differ for contractors, which is why your contacts should be drafted accordingly.
So, what documents would you need as an NDIS business?
What NDIS Documents Do I Need?
Like we mentioned above, NDIS businesses need to have key documents in place that are in line with the NDIS Quality and Safeguards Commission’s requirements.
It’s also wise to have the documents drafted by an NDIS lawyer who can tailor these documents to the nature of your NDIS services.
The main ones are as follows.
NDIS Service Agreement
An NDIS Service Agreement sets out the details and nature of the services you’ll be providing to participants. While this will look different for each business, the general key terms should include:
- How you will deliver your services
- Limitation of liability
- Roles and responsibilities of key staff and participants
- Details of the NDIS plan (if applicable)
An NDIS Service Agreement will look different depending on whether you’re a service provider or plan manager. It’s also worth noting that an NDIS Service Agreement is a result of collaboration between the participant and your business (if you’re a service provider). This is to achieve the goal of the NDIS, which is to encourage the independence and decision-making of people living with a disability.
It’s best to consult an NDIS lawyer to ensure you’re taking the right approach and that you’re compliant with the relevant requirements. This way, you can also ensure that your NDIS documents are working to protect your business and your participants.
NDIS Privacy Policy
As NDIS is in the health sector, the information being handled by NDIS businesses will attract stronger privacy laws.
Generally speaking, health information is considered to be highly sensitive information, and as such, there are additional requirements that apply. For instance, if you’re collecting and handling any health information or records, you are legally required to have a Privacy Policy.
In the case of NDIS, your business would need to have an NDIS Privacy Policy in place.
NDIS Incident Management Policy
As an NDIS business, there is a risk of coming across incidents with participants. To protect your business and participants, it’s important to have an NDIS Incident Management Policy to meet the NDIS Commission’s requirements.
This policy should outline the process for managing these incidents, so all parties are clear on what should and shouldn’t be done. This makes it a lot easier to reduce the risk of any further incidents as well.
NDIS Complaints Management & Resolution Policy
Like any business, an NDIS business should also be prepared to manage any complaints that arise. Having a clearly set out complaints management system and process to follow can reduce the risk of a headache or stressful disputes later down the track.
So, it’s wise to get an NDIS Complaints Management & Resolution Polocy drafted by an NDIS lawyer. It should outline the process for managing and resolving complaints that arise, in line with the NDIS Commission’s requirements.
Where Can I Find An NDIS Lawyer?
So, we’ve covered the relevant legal documents that you’d need as an NDIS business – but where can you find the right legal help?
At Sprintlaw, we have expert NDIS lawyers who can guide you through the process of registration and help you draft your NDIS documents according to your business’ requirements, as well as the NDIS Commission’s requirements.
With this expert legal help, you can rest assured that your business is legally compliant, well-protected and ready to hit the ground running.
Our NDIS packages include:
- NDIS Service Agreement
- NDIS Contractor Agreement
- NDIS Consent Form
- NDIS Privacy Policy
- NDIS Service Provider Package
- NDIS Plan Management Service Agreement
- NDIS Incident Management Policy
- NDIS Complaints Management & Resolution Policy
Get In Touch With Our NDIS Lawyers
Whether you’re planning on registering as an NDIS service provider, plan manager or contractor, our NDIS lawyers are ready to help you get started.
If you would like a consultation on your options going forward, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
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