About the Code
The Disability Service Safeguards Code of Conduct (the Code) sets out how disability workers in Victoria must provide safe, quality services to people with disability.
All disability workers in Victoria are legally required to comply with the Code.
The Code is a legal requirement under the Disability Service Safeguards Act 2018 (Vic).
It has the same as the NDIS Code of Conduct. This supports consistency across the disability sector, no matter if workers are funded through NDIS or other funding sources.
What does this mean for disability workers?
Disability workers must understand and follow the Code when carrying out their work.
The Code requires all disability workers to:
- act with respect for individual rights to freedom of expression, self-determination and decision-making in accordance with applicable 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 may impact the quality and safety of supports and services provided to people with disability
- take all reasonable steps to prevent and respond to all forms of violence against, and exploitation, neglect and abuse of, people with disability
- take all reasonable steps to prevent and respond to sexual misconduct
- not charge or represent higher prices for the supply of goods for NDIS participants without a reasonable justification.
Read and view our resources:
Who is considered a disability worker?
You’re a disability worker if you:
- directly provide a disability service to a person with disability, or
- supervise or manage another person who directly provides a disability service to a person with disability.
Family members of a person with disability are not considered to be disability workers — unless they are paid for the services they provide.
To find out more about the definition of a disability worker, download our Who is a disability worker? PDF fact sheet.
Do you have a concern about a disability worker's conduct?
If you suspect that a disability worker has breached the Code, you should report it to the Commission. Anyone can make an enquiry or complaint to the Commission about the conduct of a Victorian disability worker.
Workers and employers are also required to notify the Commission if they become aware that workers have engaged in notifiable conduct. You can read more about notifiable conduct by visiting our notifications page.
We seek to understand the issue and will ask the disability worker about the issue. By raising a concern, we can work proactively with disability workers to improve the quality and safety of the services they deliver to people with disability.
What actions can the Commission take for breaches of the Code?
We deal with complaints and notifications about disability workers.
When interpreting and enforcing the Code, we consider relevant factors, including:
- the type of services a worker is responsible for delivering
- the organisational environment in which the services are delivered
- the worker’s skills and qualifications
- the support needs of the person with disability
- other regulations that apply to the services
- other relevant circumstances.
The outcomes depend on how serious the issue is. We can:
- Counsel and educate the disability worker. By giving them advice on how to improve their skills and capabilities to comply with the Code.
- Make an agreement between a complainant and the worker. Fix the matter together. (Making an agreement is only available when resolving complaints)
- Refer the complaint for conciliation. The Commission will help both sides talk through the matter and reach a voluntary agreement. (Conciliation is only available when resolving complaints)
- Decide no further action is needed. This happens if the issue is resolved or cannot go further.
- Refer the matter to the NDIS Quality and Safeguards Commission or any other appropriate body. If there is an alleged criminal act, we refer the matter to Victoria Police.
- Investigate the matter.
For matters where a worker poses a serious risk to health, safety or welfare, the Commissioner can issue a Prohibition Order.
Prohibition Orders stop unsafe workers from providing all, or specified, disability services in Victoria. These actions mean that we can improve worker practice and also take enforcement action when needed.