The NDIS is built on a foundation of rights — the right of people with disability to exercise choice and control, to be treated with dignity, to live the life they choose, and to be protected from harm. As an NDIS provider, you are a legal duty-holder with specific obligations to uphold participant rights.
Providers must: offer service agreements that are genuinely negotiated and written in plain language; provide adequate notice periods for changes to service arrangements; support participants to access information about alternative providers; not use practices that restrict a participant's ability to change providers; and actively support participants to make decisions about their supports.
Participants have an absolute right to be free from all forms of abuse, neglect, exploitation, and violence. This right creates positive obligations — not simply an obligation to refrain from harmful conduct, but an obligation to take active steps to prevent harm and to respond effectively when harm occurs. When an allegation is made, participant safety comes first, and investigation follows.
Privacy obligations include: storing participant records securely with access limited to workers who need the information; obtaining consent before collecting, using, or disclosing personal information; not discussing participant information in public spaces; ensuring photographs or videos are only taken with explicit consent; and providing participants with access to their own records on request.
Every participant has the right to raise concerns, provide feedback, and make complaints about their supports without fear of retribution. Providers must actively promote the complaints process, ensure it is accessible to people with diverse communication needs, and demonstrate that complaints genuinely lead to improvements. Participants must also be meaningfully consulted in the planning, delivery, and review of their own supports.
Ready to streamline your NDIS operations? Start your free CareIQ trial — built for Australian care providers.