Worker Safety Is a Key Part of Quality Supports
The NDIS Quality and Safeguards Commission has made it clear: worker safety and wellbeing is a key part of delivering quality and safe supports to NDIS participants. To ensure worker wellbeing, it is important to identify and manage risks to worker safety, such as worker‑related violence.
This guide outlines what the NDIS Commission says about worker safety, your obligations under the NDIS Practice Standards, and practical steps to protect your workforce.
What Is Worker‑Related Violence?
The NDIS Commission defines worker‑related violence and aggression as when an NDIS worker is abused, threatened or assaulted in their workplace or while they are working.
NDIS workers and providers can help ensure a safe and healthy workplace by:
- Providing a positive workplace culture
- Assessing the safety risks to workers
- Understanding rights and responsibilities in NDIS supports and services
- Providing quality and safe NDIS supports and services
- Taking steps to prevent and respond to incidents, including identifying and controlling risks, and worker supervision
- Reporting worker-related violence
- Having effective behaviour support practices
NDIS Workers’ Rights to Safety
NDIS workers have the right to feel safe when they are at work, and the right to report workplace violence to their employers, the NDIS or the NDIS Commission.
NDIS providers are responsible for providing safe workplaces by protecting their workers from the risk of violence and aggression.
Understanding their rights and obligations assists workers to:
- Do their day‑to‑day work lawfully and competently
- Know when their rights have been breached and a violent incident needs to be reporte
Rights and obligations are set out in Australia’s model work health and safety laws and state and territory WHS legislation. A Person Conducting a Business or Undertaking (PCBU) has a primary duty to ensure the health and safety of workers.
Assessing Safety Risks in Participants’ Homes
The NDIS Commission recognises that there are unique risk and safety issues that need to be considered when NDIS supports and services take place in a participant’s home. Detailed safety assessment and planning can help avoid situations that increase the risk of a violent incident.
The Commission provides home safety tools to help workers and participants:
- Home Safety Checklist: for participants to complete and share with workers
- Home Safety Risk Assessment: for workers to complete and identify actions
These have been developed by SafeWork NSW but are useful to participants and workers in any state or territory.
The NDIS Code of Conduct and Worker Safety
The NDIS Code of Conduct outlines how all NDIS providers and workers must respect and uphold the rights of people with disability.
The Code states that NDIS providers must:
- Take all reasonable steps to prevent and respond to all forms of violence against, exploitation, neglect, and abuse of people with disability
- Take all reasonable steps to prevent and respond to sexual misconduct
The Commission has developed educational videos on the Code of Conduct, including a module on “Eliminating violence, exploitation, neglect and abuse”. A “Worker orientation module – Quality, safety and you” explains what workers need to do under the Code, explained from a participant’s perspective.
The Consequences of Failing to Protect Workers
The Federal Court has imposed a record $2.5 million penalty on an NDIS provider for failing to keep participants and support workers safe.
The Court found the home was not a safe environment for residents or support workers, noting abuse was not managed, assessed or responded to adequately or appropriately. The provider admitted 96 contraventions of the NDIS Act and 1,811 contraventions of the NDIS Reportable Incident Rules for failing to report serious incidents.
Associate Commissioner Natalie Wade said: “The NDIS Commission will not hesitate to use every power, including civil proceedings, to protect the human rights of people with disability.”
The penalty is the highest ever imposed in proceedings brought by the NDIS Commission.
What Providers Need to Do
Registered NDIS providers must follow the NDIS Practice Standards to maintain their registration. These specify the quality standards registered NDIS providers must meet to provide supports and services.
A documented risk management system that effectively manages work health and safety risks must be in place. Each worker must be trained, and have refresher training. The Commission has also introduced a new Supported Independent Living (SIL) module to the NDIS Practice Standards, offering human rights guidance and enabling better practice in group home settings.
Practical Steps for Providers
The NDIS Commission recommends that providers:
- Assess safety risks: Use home safety checklists and risk assessments for every participant
- Understand rights and obligations: Ensure workers know their rights and how to report violence
- Provide quality supports: Safe, appropriate supports help reduce aggression or violence
- Prevent and respond to incidents: Identify and control risks, provide worker supervision
- Report worker‑related violence: Ensure clear reporting pathways are in place
- Implement effective behaviour support: Positive practices reduce risk for everyone
Learn more: Safety solutions for NDIS support workers
Sources: NDIS Quality and Safeguards Commission, SafeWork NSW, Federal Court of Australia.
