{"id":"F2018L00629","name":"National Disability Insurance Scheme (Code of Conduct) Rules 2018","slug":"national-disability-insurance-scheme-code-of-conduct-rules-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":100046,"registerId":"commonwealth-F2018L00629-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Preamble","sectionType":"part","heading":"Preamble","content":"## Preamble\n\n(1) The National Disability Insurance Scheme (NDIS) represents a fundamental change to how supports for people with disability are funded and delivered across Australia. The NDIS has potential to produce major benefits for people with disability, their families and the broader community.\n\n(2) The NDIS Quality and Safeguards Commission is responsible for a range of functions under the National Quality and Safeguarding Framework aimed at protecting and preventing harm to people with disability in the NDIS market. The Commission will build the capability of NDIS participants and providers to uphold the rights of people with disability and realise the benefits of the NDIS. The rules are intended to support participants to be informed purchasers and consumers of NDIS supports and services and to live free from abuse, neglect, violence and exploitation.\n\n(3) The National Disability Insurance Scheme (Code of Conduct) Rules 2018 set out the NDIS Code of Conduct, which applies to all NDIS providers and persons employed or otherwise engaged by them, regardless of whether they are registered. The NDIS Code of Conduct supports the rights of people with disability in the National Disability Insurance Scheme to have access to safe and ethical supports, and reflects the core values and principles set out in the National Standards for Disability Services, the National Mental Health Standards and the National Disability Insurance Scheme Act 2013.\n\n(4) To ensure the safety and quality of supports within the emerging NDIS market, the NDIS Code of Conduct sets minimum expectations, shapes the behaviour and culture of NDIS providers and persons employed or otherwise engaged by NDIS providers, and empowers consumers in relation to their rights.\n\n(5) Anyone can raise a complaint about potential breaches of the NDIS Code of Conduct. When NDIS providers, or persons employed or otherwise engaged by NDIS providers, are found to have breached the NDIS Code of Conduct, the Commissioner is able to take a range of actions as appropriate, including education, compliance and enforcement action or prohibiting them from operating in the NDIS market.","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Preamble\n\n(1) The National Disability Insurance Scheme (NDIS) represents a fundamental change to how supports for people with disability are funded and delivered across Australia. The NDIS has potential to produce major benefits for people with disability, their families and the broader community.\n\n(2) The NDIS Quality and Safeguards Commission is responsible for a range of functions under the National Quality and Safeguarding Framework aimed at protecting and preventing harm to people with disability in the NDIS market. The Commission will build the capability of NDIS participants and providers to uphold the rights of people with disability and realise the benefits of the NDIS. The rules are intended to support participants to be informed purchasers and consumers of NDIS supports and services and to live free from abuse, neglect, violence and exploitation.\n\n(3) The National Disability Insurance Scheme (Code of Conduct) Rules 2018 set out the NDIS Code of Conduct, which applies to all NDIS providers and persons employed or otherwise engaged by them, regardless of whether they are registered. The NDIS Code of Conduct supports the rights of people with disability in the National Disability Insurance Scheme to have access to safe and ethical supports, and reflects the core values and principles set out in the National Standards for Disability Services, the National Mental Health Standards and the National Disability Insurance Scheme Act 2013.\n\n(4) To ensure the safety and quality of supports within the emerging NDIS market, the NDIS Code of Conduct sets minimum expectations, shapes the behaviour and culture of NDIS providers and persons employed or otherwise engaged by NDIS providers, and empowers consumers in relation to their rights.\n\n(5) Anyone can raise a complaint about potential breaches of the NDIS Code of Conduct. When NDIS providers, or persons employed or otherwise engaged by NDIS providers, are found to have breached the NDIS Code of Conduct, the Commissioner is able to take a range of actions as appropriate, including education, compliance and enforcement action or prohibiting them from operating in the NDIS market.\n\n  \n\n## Part 1—Preliminary\n\n#### 1 Name\n\n  This instrument is the National Disability Insurance Scheme (Code of Conduct) Rules 2018.\n\n#### 3 Authority\n\n  This instrument is made under the National Disability Insurance Scheme Act 2013.\n\n#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) key personnel;\n    (b) National Disability Insurance Scheme;\n    (c) NDIS Code of Conduct;\n    (d) NDIS provider;\n    (e) participant.\n  In this instrument:\n\n> Act means the National Disability Insurance Scheme Act 2013.\n\n> Code‑covered person has the meaning given under subsection 5(2) of this instrument.","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the National Disability Insurance Scheme (Code of Conduct) Rules 2018.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under the National Disability Insurance Scheme Act 2013.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) key personnel;\n    (b) National Disability Insurance Scheme;\n    (c) NDIS Code of Conduct;\n    (d) NDIS provider;\n    (e) participant.\n  In this instrument:\n\n> Act means the National Disability Insurance Scheme Act 2013.\n\n> Code‑covered person has the meaning given under subsection 5(2) of this instrument.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"NDIS Code of Conduct","content":"## Part 2—NDIS Code of Conduct\n\n#### 5 Persons covered by the NDIS Code of Conduct\n\n  (1) This Part is made for the purposes of section 73V of the Act.\n  (2) Both of the following are Code‑covered persons:\n    (a) NDIS providers;\n    (b) persons employed or otherwise engaged by NDIS providers or members of the key personnel of NDIS providers.\n  (3) Code‑covered persons must comply with the NDIS Code of Conduct set out in section 6 of this instrument.\n\nNote: Compliance with the NDIS Code of Conduct is a civil penalty provision (see section 73V of the Act). A civil penalty provision can be enforced by obtaining an order for a person to pay a pecuniary penalty.\n\n#### 6 NDIS Code of Conduct\n\n  (1) In providing supports or services to people with disability, a Code‑covered person must:\n\n(a) act with respect for individual rights to freedom of expression, self‑determination and decision‑making in accordance with applicable laws and conventions; and\n\n(b) respect the privacy of people with disability; and\n\n(c) provide supports and services in a safe and competent manner, with care and skill; and\n\n(d) act with integrity, honesty and transparency; and\n\n(e) promptly take steps to raise and act on concerns about matters that may impact the quality and safety of supports and services provided to people with disability; and\n\n(f) take all reasonable steps to prevent and respond to all forms of violence against, and exploitation, neglect and abuse of, people with disability; and\n\n(g) take all reasonable steps to prevent and respond to sexual misconduct.\n\n  (2) A Code‑covered person must not, without a reasonable justification:\n    (a) represent a price for the supply of goods for a participant that is higher than the price represented for the supply by the Code‑covered person of the same (or substantially the same) goods for a person who is not a participant; or\n    (b) charge a price for the supply of goods for a participant that is higher than the price that the Code‑covered person charges for the same (or substantially the same) goods for a person who is not a participant.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Persons covered by the NDIS Code of Conduct","content":"#### 5 Persons covered by the NDIS Code of Conduct\n\n  (1) This Part is made for the purposes of section 73V of the Act.\n  (2) Both of the following are Code‑covered persons:\n    (a) NDIS providers;\n    (b) persons employed or otherwise engaged by NDIS providers or members of the key personnel of NDIS providers.\n  (3) Code‑covered persons must comply with the NDIS Code of Conduct set out in section 6 of this instrument.\n\nNote: Compliance with the NDIS Code of Conduct is a civil penalty provision (see section 73V of the Act). A civil penalty provision can be enforced by obtaining an order for a person to pay a pecuniary penalty.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"NDIS Code of Conduct","content":"#### 6 NDIS Code of Conduct\n\n  (1) In providing supports or services to people with disability, a Code‑covered person must:\n\n(a) act with respect for individual rights to freedom of expression, self‑determination and decision‑making in accordance with applicable laws and conventions; and\n\n(b) respect the privacy of people with disability; and\n\n(c) provide supports and services in a safe and competent manner, with care and skill; and\n\n(d) act with integrity, honesty and transparency; and\n\n(e) promptly take steps to raise and act on concerns about matters that may impact the quality and safety of supports and services provided to people with disability; and\n\n(f) take all reasonable steps to prevent and respond to all forms of violence against, and exploitation, neglect and abuse of, people with disability; and\n\n(g) take all reasonable steps to prevent and respond to sexual misconduct.\n\n  (2) A Code‑covered person must not, without a reasonable justification:\n    (a) represent a price for the supply of goods for a participant that is higher than the price represented for the supply by the Code‑covered person of the same (or substantially the same) goods for a person who is not a participant; or\n    (b) charge a price for the supply of goods for a participant that is higher than the price that the Code‑covered person charges for the same (or substantially the same) goods for a person who is not a participant.","sortOrder":7}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument has not grown beyond its original purpose of setting minimum expectations for ethical behaviour and safety in the NDIS market, as described in the preamble."},"complexity_factors":["Extremely short substantive content (only sections 5 and 6 contain operative rules)","Heavy cross-referencing to section 73V and defined terms in the National Disability Insurance Scheme Act 2013","Principles-based obligations in s 6(1) that are broad and require case-by-case interpretation","Minor redundancy in the repeated preamble text"],"plain_english_summary":"**The National Disability Insurance Scheme (Code of Conduct) Rules 2018 establish a mandatory set of behavioural standards for everyone involved in delivering NDIS supports.**\n\nThe rules create the NDIS Code of Conduct, which applies to all NDIS providers (organisations or individuals funded to deliver disability supports) and any people they employ or engage, including managers. It does not matter whether the provider is formally registered.\n\nIn plain terms, the Code requires these people to:\n\n* Respect the rights of people with disability to speak freely, make their own choices, and have privacy\n* Deliver supports in a safe, skilled way with proper care\n* Be honest, transparent, and act with integrity\n* Quickly raise and fix any issues that could affect service quality or safety\n* Actively prevent and respond to violence, exploitation, neglect, abuse, or sexual misconduct\n\nIt also prohibits charging NDIS participants higher prices for the same goods than non-participants, unless there is a reasonable justification.\n\nThis matters because the NDIS funds supports for many vulnerable people. The Code aims to prevent harm, build trust, and make sure participants can be confident buyers of services. Anyone can complain about breaches, and the NDIS Quality and Safeguards Commission can respond with education, enforcement, penalties, or by banning people from the NDIS market. The rules reflect broader principles from the NDIS Act 2013 and national standards for disability and mental health services."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The provided instrument text states its scope directly: it applies to NDIS providers and persons they employ or engage, including key personnel (section 5(2); Preamble). The text contains no material indicating a change of scope from an earlier or original intent."},"complexity_factors":["Short, focused text but uses broad normative standards (\"all reasonable steps\", \"reasonable justification\") that require interpretation","Wide coverage: applies to all NDIS providers and their engaged persons including key personnel (section 5(2))","Mix of behavioural obligations (safety, privacy, integrity) and an economic rule on pricing (section 6)","Enforcement is by civil penalty under the Act (note under section 5) but the instrument leaves procedural and penalty detail to the Act/Commissioner","Operational compliance requires organizational policies, training, recordkeeping and evidentiary demonstration of \"reasonable steps\" and pricing comparisons"],"plain_english_summary":"## What this instrument does (mechanics)\n\n- It creates an NDIS Code of Conduct that applies to all NDIS providers and to people they employ or otherwise engage, including members of key personnel (\"Code‑covered persons\") (see section 5(2); Preamble).  \n- It spells out specific conduct obligations that Code‑covered persons must follow when providing supports or services to people with disability. Those obligations require acting with respect for rights and privacy; providing supports safely and competently; behaving with integrity, honesty and transparency; raising and acting on concerns about quality and safety; and taking all reasonable steps to prevent and respond to violence, exploitation, neglect, abuse and sexual misconduct (section 6(1)(a)–(g)).  \n- It also contains a pricing rule: without a reasonable justification, a Code‑covered person must not represent or charge a participant a higher price for goods than the price they represent or charge for the same (or substantially the same) goods for a non‑participant (section 6(2)(a)–(b)).  \n- The instrument is made under the National Disability Insurance Scheme Act 2013 and uses terms defined there (see section 3 and the note to section 4).  \n\n## Who it affects\n\n- Primary duty‑holders: all NDIS providers and their employees/engaged persons, including key personnel (section 5(2)).  \n- Third parties: NDIS participants (as recipients of conduct protections and pricing protections) and anyone who may raise a complaint (Preamble).  \n\n## How it is enforced and who decides\n\n- The rules are intended to be enforced within the Commission’s quality and safeguards framework; the Preamble states that anyone can raise a complaint and that, when breaches are found, the Commissioner may take education, compliance, enforcement action or prohibit a person from operating in the NDIS market (Preamble).  \n- Compliance with the Code is treated as a civil penalty provision under the Act; a breach can be enforced by seeking an order for a pecuniary penalty (note under section 5 referring to section 73V of the Act).  \n\n## Purpose claims (as stated in the instrument) and a brief test against costs/incentives\n\n- The instrument states its purposes as protecting people with disability, preventing harm, building capability of participants and providers, supporting informed purchasing, and enabling participants to live free from abuse, neglect, violence and exploitation (Preamble).  \n- How those purposes produce costs or incentives (based on the instrument’s mechanics):  \n  - Who pays: the compliance costs of meeting the specified obligations (training, policies, supervision, recordkeeping, incident response and prevention measures) fall on Code‑covered persons — i.e. providers and their engaged staff — because the instrument places duties on them (section 6; section 5(2)).  \n  - Enforcement cost and risk: because compliance is a civil penalty provision, providers face pecuniary penalty risk if found in breach (note under section 5 referring to section 73V of the Act).  \n  - Pricing constraint: the prohibition on charging or representing higher prices to participants than to non‑participants (unless there is a reasonable justification) constrains providers’ pricing strategies and may require recordkeeping to show comparable prices or a justification for differences (section 6(2)).  \n  - Decision‑making discretion: phrases such as \"all reasonable steps\" and \"reasonable justification\" introduce judgment calls for both providers (in how they act) and the Commissioner (in assessing compliance), creating administrative and evidentiary uncertainty (section 6(1)(f)–(g); section 6(2)).  \n\n## Implementation risks, compliance burden and likely behavioural effects (mechanisms, not value judgments)\n\n- Compliance burden: providers will need systems to document how they meet the Code obligations (privacy protections, training, incident reporting and response, safety and competence controls, pricing practices) because the instrument imposes duties and contemplates complaint‑based enforcement (section 6; Preamble).  \n- Enforcement discretion and uncertainty: enforcement tools are described broadly (education, compliance, enforcement, prohibition) which gives the Commissioner a range of responsive measures; the instrument does not set detailed procedures or penalty amounts here, so outcomes will depend on how the Commissioner applies those tools (Preamble).  \n- Pricing paperwork and justification: the price non‑discrimination rule will require providers to maintain evidence of ordinary prices and any justifications for charging a participant differently (section 6(2)).  \n\n## Distribution of benefits and costs (as implied by the text)\n\n- Direct beneficiaries (as described in the instrument): NDIS participants, through protection of rights, safety and price protections (Preamble; section 6).  \n- Who bears the costs: all Code‑covered persons (providers and their staff) who must change or document practices to meet the Code and who are exposed to civil penalty risk (section 5(2); section 6; note under section 5).  \n\n## Cross‑references and limits in the instrument\n\n- The instrument repeatedly refers back to the Act for key definitions and for the civil‑penalty framework; it does not itself define penalty amounts or adjudicative procedures (note to section 4; section 3; note under section 5)."}},"importantCases":[],"_links":{"self":"/api/acts/national-disability-insurance-scheme-code-of-conduct-rules-2018","history":"/api/acts/national-disability-insurance-scheme-code-of-conduct-rules-2018/history","analysis":"/api/acts/national-disability-insurance-scheme-code-of-conduct-rules-2018/analysis","conflicts":"/api/acts/national-disability-insurance-scheme-code-of-conduct-rules-2018/conflicts","importantCases":"/api/acts/national-disability-insurance-scheme-code-of-conduct-rules-2018/important-cases","documents":"/api/acts/national-disability-insurance-scheme-code-of-conduct-rules-2018/documents"}}