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Determinations/Other as amended, taking into account amendments up to Disability Services (National Standards for Disability Services) Amendment (2021 Measures No. 1) Determination 2021
Administered by: Social Services
Registered 19 Apr 2021
Start Date 01 Apr 2021

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Disability Services Act (National Standards for Disability Services) Determination 2014

made under paragraphs 5A(1)(b), (ba) and (c) and subsection 5A(2) of the

Disability Services Act 1986

Compilation No. 1

Compilation date:                              1 April 2021

Includes amendments up to:            F2021L00378

Registered:                                         19 April 2021

About this compilation

This compilation

This is a compilation of the Disability Services Act (National Standards for Disability Services) Determination 2014 that shows the text of the law as amended and in force on 1 April 2021 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 


Contents

Part 1 – Preliminary

1          Name of determination.                                                          1

4          Authority                                                                                  1

5          Definitions                                                                               1

6          Standards for the provision of an employment service (other than supported employment services), rehabilitation programs and advocacy services                                        1

7          Standards for the provision of supported employment services—States and eligible organisations that are not registered, and have not applied for registration, as NDIS providers                                                                                 2

8          Standards for the provision of supported employment services—States and eligible organisations that are registered, or have applied for registration, as NDIS providers                                                                                  2

 

Schedule 1 – National Standards for Disability Services               

Standard 1: Rights                                                                              4

Standard 2: Participation and Inclusion                                              4

Standard 3: Individual Outcomes                                                       5

Standard 4: Feedback and Complaints                                              5

Standard 5: Service Access                                                               6

Standard 6: Service Management                                                     6

Endnotes

Endnote 1                                                                                            8

Endnote 2                                                                                            9

Endnote 3                                                                                            10

Endnote 4                                                                                            11

 


Part 1         Preliminary

 

1          Name of determination

 

This determination is the Disability Services Act (National Standards for Disability Services) Determination 2014.

4          Authority

 

This determination is made under paragraphs 5A (1) (b), (ba) and (c) and subsection 5A (2) of the Disability Services Act 1986.                   

5          Definitions

 

In this determination, unless the contrary intention appears:

Act means the Disability Services Act 1986.

advocacy service has the meaning given by section 7 of the Act.

continuous improvement describes the ongoing effort of an organisation to improve services, systems, processes or products to maximise benefits for persons in the target group.

employment service has the meaning given by section 7 of the Act.

program means a rehabilitation program.

rehabilitation program has the meaning given by section 17 of the Act.

service means an employment service or advocacy service.

target group has the meaning given by subsection 8 (1) and section 18 of the Act.

Note: Unless the contrary intention appears, expressions used in this determination and in the Act have the same meaning as in the Act.

6          Standards for the provision of an employment service (other than supported employment services), rehabilitation programs and advocacy services

             (1)  For the purposes of paragraphs 5A(1)(b), (ba) and (c) of the Disability Services Act 1986, the standards set out in Schedule 1 to this instrument are determined as:

                     (a)  the disability employment standards to be observed by a State or eligible organisation in the provision of an employment service (other than supported employment services) referred to in Part II of the Act; and

                     (b)  the disability advocacy standards to be observed by a State or eligible organisation in the provision of an advocacy service referred to in that Part; and

                     (c)  the rehabilitation program standards to be observed by a State or eligible organisation in the provision of rehabilitation programs referred to in Part III of the Act.

             (2)  For the purposes of subsection 5A(2) of the Act, the indicators of practice set out in Schedule 1 for each standard set out in that Schedule are approved as key performance indicators to be applied in assessing whether the standard has been observed by the State or eligible organisation.

7          Standards for the provision of supported employment services—States and eligible organisations that are not registered, and have not applied for registration, as NDIS providers

             (1)  This section applies in relation to a State or eligible organisation that:

                     (a)  is not registered, and has not applied for registration, as a registered NDIS provider under the National Disability Insurance Scheme Act 2013; and

                     (b)  provides supported employment services.

             (2)  For the purposes of paragraph 5A(1)(b) of the Disability Services Act 1986, the standards set out in Schedule 1 to this instrument are determined as the disability employment standards to be observed by the State or eligible organisation in the provision of supported employment services.

             (3)  For the purposes of subsection 5A(2) of the Act, the indicators of practice set out in Schedule 1 are approved as key performance indicators to be applied in assessing whether the standards have been observed by the State or eligible organisation.

8          Standards for the provision of supported employment services—States and eligible organisations that are registered, or have applied for registration, as NDIS providers

             (1)  This section applies in relation to a State or eligible organisation that:

                     (a)  is registered, or has applied for registration, as a registered NDIS provider under the National Disability Insurance Scheme Act 2013; and

                     (b)  provides supported employment services.

             (2)  For the purposes of paragraph 5A(1)(b) of the Disability Services Act 1986, the standards set out in Schedule 1 to the National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018 are determined as the disability employment standards to be observed by the State or eligible organisation in the provision of supported employment services.

             (3)  For the purposes of subsection 5A(2) of the Act, the indicators in Part 2 of the National Disability Insurance Scheme (Quality Indicators) Guidelines 2018 are approved as key performance indicators to be applied in assessing whether the standards set out in Schedule 1 to the National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018 have been observed by the State or eligible organisation.


 

Schedule 1: National Standards for Disability Services

Standard 1:   Rights

 

The service or program promotes individual rights to freedom of expression, self-determination and decision-making and actively prevents abuse, harm, neglect and violence.

Indicators of Practice

1.1  The service or program, its staff and its volunteers treat individuals with dignity and respect.

1.2  The service or program, its staff and its volunteers recognise and promote individual freedom of expression.

1.3  The service or program supports active decision-making and individual choice, including the timely provision of information in appropriate formats to support individuals, families, friends and carers to make informed decisions and understand their rights and responsibilities.

1.4  The service or program provides support strategies that are based on the minimal restrictive options and are contemporary, evidence-based, transparent and capable of review.

1.5  The service or program has preventative measures in place to ensure that individuals are free from discrimination, exploitation, abuse, harm, neglect and violence.

1.6  The service or program addresses any breach of rights promptly and systemically to ensure opportunities for improvement are captured.

1.7  The service or program supports individuals with information, and if needed, access to legal advice and/or advocacy.

1.8  The service or program recognises the role of families, friends, carers and advocates in safeguarding and upholding the rights of people with disability.

1.9  The service or program keeps personal information confidential and private.

 

Standard 2:   Participation and Inclusion

 

The service or program works with individuals and families, friends and carers to promote opportunities for meaningful participation and active inclusion in society.

Indicators of Practice

2.1  The service or program actively promotes a valued role for people with disability, of their own choosing.

2.2  The service or program works together with individuals to connect to family, friends and their chosen communities.

2.3  Staff of the service or program understand, respect and facilitate individual interests and preferences, in relation to work, learning, social activities and community connection over time.

2.4  Where appropriate, the service or program works with an individual’s family, friends, carer or advocate to promote community connection, inclusion and participation.

2.5  The service or program works in partnership with other organisations and community members to support individuals to actively participate in their community.

2.6  The service or program uses strategies that promote community and cultural connection for Aboriginal and Torres Strait Islander people.

 

Standard 3:   Individual Outcomes

 

Services and supports are assessed, planned, delivered and reviewed to build on individual strengths and enable individuals to reach their goals.

Indicators of Practice

3.1  The service or program works together with an individual and, with consent, their family, friends, carer or advocate to identify their strengths, needs and life goals.

3.2  Service planning, provision and review is based on individual choice and  is undertaken together with an individual and, with consent, their family, friends, carer or advocate.

3.3  The service or program plans, delivers and regularly reviews services or supports against measurable life outcomes.

3.4  Service planning and delivery is responsive to diversity including disability, age, gender, culture, heritage, language, faith, sexual identity, relationship status, and other relevant factors.

3.5  The service or program collaborates with other service providers in planning service delivery and to support internal capacity to respond to diverse needs.

 

Standard 4:   Feedback and complaints

 

Regular feedback is sought and used to inform individual and organisation wide service or program reviews and improvement.

Indicators of Practice

4.1  Individuals, families, friends, carers and advocates are actively supported to provide feedback, make a complaint or resolve a dispute without fear of adverse consequences.

4.2  Feedback mechanisms, including complaints resolution and how to access independent support, advice and representation, are clearly communicated to individuals, families, friends, carers and advocates.

4.3  Complaints are resolved together with the individual, family, friends, carer or advocate in a proactive and timely manner.

4.4  The service or program seeks and, in conjunction with individuals, families, friends, carers and advocates, reviews feedback on service provision and supports on a regular basis as part of continuous improvement.

4.5  The service or program develops a culture of continuous improvement using compliments, feedback and complaints to plan, deliver and review services for individuals and the community.

4.6  The service or program effectively manages disputes.

 

Standard 5:   Service Access

 

The service or program manages access, commencement and leaving a service in a transparent, fair and equal and responsive way.

Indicators of Practice  

5.1  The service or program systematically seeks and uses input from people with disability, their families, friends and carers to ensure access is fair and equal and transparent. 

5.2  The service or program provides accessible information in a range of formats about the types and quality of services available.

5.3  The service or program develops, applies, reviews and communicates commencement and leaving a service processes.

5.4  The service or program develops, applies and reviews policies and practices related to eligibility criteria, priority of access and waiting lists.

5.5  The service or program monitors and addresses potential barriers to access.

5.6  The service or program provides clear explanations when a service is not available along with information and referral support for alternative access.

5.7  The service or program collaborates with other relevant organisations and community members to establish and maintain a referral network.

 

Standard 6:   Service Management

 

The service or program has effective and accountable service management and leadership to maximise outcomes for individuals. 

Indicators of Practice

6.1  Frontline staff, management and governing bodies are suitably qualified, skilled and supported.

6.2  Practice is based on evidence and minimal restrictive options and complies with legislative, regulatory and contractual requirements.

6.3  The service or program documents, monitors and effectively uses management systems including Work Health Safety, human resource management and financial management.

6.4  The service or program has monitoring, feedback, learning and reflection processes which support continuous improvement.

6.5  The service or program has a clearly communicated organisational vision, mission and values which are consistent with contemporary practice.

6.6  The service or program has systems to strengthen and maintain organisational capabilities to directly support the achievement of individual goals and outcomes.

 

 

6.7  The service or program uses person-centred approaches including the active involvement of people with disability, families, friends, carers and advocates to review policies, practices, procedures and service provision.  

 

 

 


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Disability Services Act (National Standards for Disability Services) Determination 2014

27 June 2014 (F2014L00864)

1 July 2014 (s 2)

 

Disability Services (National Standards for Disability Services) Amendment (2021 Measures No. 1) Determination 2021

31 Mar 2021 (F2021L00378)

1 Apr 2021 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 2.............................................

rep LA s 48D

s 3.............................................

rep LA s 48C

s 5.............................................

am F2021L00378

s 6.............................................

rs F2021L00378

s 7.............................................

rs F2021L00378

s 8.............................................

rs F2021L00378