The NDIS Code of Conduct and The APS Code of Conduct 

The NDIS Code of Conduct promotes safe and ethical service delivery by setting out expectations for the conduct of both NDIS providers and workers. 

The Code requires workers and providers who deliver NDIS supports to:

• act with respect for individual rights to freedom of expression, self-determination, and decision-making in accordance with relevant laws and conventions

• respect the privacy of people with disability

• provide supports and services in a safe and competent manner with care and skill

• act with integrity, honesty, and transparency

• promptly take steps to raise and act on concerns about matters that might have an impact on the quality and safety of supports provided to people with disability

• take all reasonable steps to prevent and respond to all forms of violence, exploitation, neglect, and abuse of people with disability

• take all reasonable steps to prevent and respond to sexual misconduct

• without a valid reason, represent or charge a higher price for goods supplied to a NDIS participant that is higher than the price that would be supplied or charged to a person who is not a NDIS participant.

There are guidelines available to help both NDIS providers and workers understand their obligations under the NDIS Code of Conduct.

The Code of Conduct requires that an APS employee must:

• behave honestly and with integrity in connection with APS employment;

• act with care and diligence in connection with APS employment;

• when acting in connection with APS employment, treat everyone with respect and courtesy, and without harassment;

• when acting in connection with APS employment, comply with all applicable Australian laws;

• comply with any lawful and reasonable direction given by someone in the employee's Agency who has authority to give the direction;

• maintain appropriate confidentiality about dealings that the employee has with any Minister or Minister's member of staff;

• take reasonable steps to avoid any conflict of interest (real or apparent) and disclose details of any material personal interest of the employee in connection with the employee's APS employment;

• use Commonwealth resources in a proper manner and for a proper purpose;

• not provide false or misleading information in response to a request for information that is made for official purposes in connection with the employee's APS employment;

• not improperly use inside information or the employee's duties, status, power or authority:

  1. to gain, or seek to gain, a benefit or an advantage for the employee or any other person; or

  2. to cause, or to seek to cause, detriment to the employee's Agency, the Commonwealth or any other person. 

• at all times behave in a way that upholds the APS Values and Employment Principles, and the integrity and good reputation of the employee's Agency and the APS;

• while on duty overseas, at all times behave in a way that upholds the good reputation of Australia; and

• comply with any other conduct requirement that is prescribed by the regulations (regulations available on the ComLaw website- external site).

The Code of Conduct is set out in section 13 of the Public Service Act 1999- external site.

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The NDIS Code of Conduct applies to:

• registered NDIS providers and their employees

• unregistered NDIS providers and their employees

• providers delivering information, linkages, and capacity building (ILC) activities

• providers delivering Commonwealth Continuity of Support Programme services for people over the age of 65.

The Code also applies to NDIS Commission employees in addition to the Australian Public Service Code of Conduct.

Who can engage an unregistered NDIS provider?

NDIS participants whose plan is self-managed or plan managed can use both registered and unregistered NDIS providers in most circumstances.

A ‘self-managed plan’ is where an NDIS participant or their plan nominee engages NDIS supports and services themselves. A ‘plan managed plan’ is where an NDIS participant engages a registered NDIS provider to provide plan management services.

All NDIS participants must only use registered NDIS providers for the following NDIS supports or services:

• specialist disability accommodation

• supports or services during which there is or is likely to be a need to use a regulated restrictive practice

• specialist behaviour supports that involve undertaking behaviour support assessment of the participant or developing a behaviour support plan for the participant.

All registered and unregistered NDIS providers and their workers are required to comply with the NDIS Code of Conduct. There are guidelines available to help both NDIS providers and workers understand their obligations under the NDIS Code of Conduct.

Self-managed participants and registered plan managers can make unregistered providers and their workers aware of their obligations under the NDIS Code of Conduct.

Unregistered providers must be able to effectively manage complaints that may concern the quality and safety of supports and services being provided.

The NDIS Commission can support people to make a complaint directly to a registered or unregistered NDIS provider. You can also complain to us, preferably after you have tried to resolve the complaint directly with the provider. If a complaint raises a compliance issue, we have powers to take action.

Anyone who is the subject of a complaint has the right to fair treatment. This includes informing a person about a complaint and providing them with a reasonable opportunity to respond to any allegations and proposed action.