December 2017
December 2017
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© State of Victoria, Department of Health and Human ServicesDecember, 2017
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Contents
Policy for the registration of disability service providers and community services
Definitions
Introduction
Who should register?
In scope registration activities for disability service providers
Application for initial registration
Application for renewal of registration
Refusal or revocation of registration
Publication and maintenance of the registers
Procedures for the registration of disability service providers and community services
Purpose
Procedure 1: Registration of new applicants
Procedure 2: Renewal of registration
Procedure 3: Reviewing and appealing a decision to refuse or revoke registration
Procedure 4: Changes to details on the Register(s)
Further information
Approved forms for disability service providers and community services
Application for registration and/or renewal of registration as a disability service provider and/or community service
Change of information recorded on the Register of disability service providers and/or register of community services
Removal of information recorded on the Register of disability service providers and/or Register of community services
Appendix 1 Disability Act 2006, Sections 40-48: Registration of disability service providers
Appendix 2 Conditions of registration for Local Area Coordination services
Appendix 3 Children, Youth and Families Act 2005, Sections 45-57: Registration of community services
Policyfor the registration of disability service providers and community services
Definitions
Application for registration and/or renewal of registration as a disability service provider and/or community servicemeans the form set out in this policy which is an approved form for the purpose of sections 40(4) and 42(2) of the Disability Act 2006 and section 46 of the Children,Youth and Families Act 2005(CYF Act).
Business day means a day not being a Saturday, Sunday or declared public holidayin Victoria.
Community servicehas the same meaning as in the CYF Act.
Conditions of registration means:
(a)the conditions of registration imposed by the Secretary on disability service providers registered by the NDIA to deliver Local Area Coordination services as set out in Appendix 2; and
(b)any other conditions or restrictions placed on a disability service provider or community service by the Secretary under the applicable Act.
CYF Act means the Children,Youth and Families Act 2005 (Vic).
Departmentmeans the Department of Health and Human Services.
Disability Act means the Disability Act 2006 (Vic).
Disability servicehas the same meaning as in the Disability Act being a service specifically for the support of persons with a disability by a disability service provider. Services and amenities accessed by people with a disability which are generally accessible in the community and not specifically for persons with a disability (for example health, sporting or recreation services) do not constitute disability services.
Disability service provider or DSPhas the same meaning as in the Disability Act, being:
- the Secretary to the department; or
- a person or body registered on the Register of disability service providers.
Disability service worker
- A person engaged by a disability service provider who:
(a)provides, or supervises or manages a person who provides, direct support to a person with a disability, and
(b)has direct contact or access to a person with a disability.
Independent review means any assessment, audit or review of a DSP or community service conducted by an independent review body, and includes assessment of the level of compliance with the Standards and any other matters that the department reasonably requires to be investigated to the Secretary’s satisfaction.
Independent review bodymeans a body appointed by the Secretary to conduct an independent review.
Inscope independent review activitiesmeans the activities funded by the department which are in scope of independent review against the Standards, as specified in the Human Services Standards policy and the department’s Policy and funding planas updated from time to time.
In scope NDIS registration groups means services that a NDIS provider intends to provide or does provide to people with a disability who reside in Victoria.
Inscope registration activitiesmeans the activities funded by the department for which registration is required, as specified in the Human Services Standards policy and the department’s Policy and funding plan as updated from time to time, and as set out in this policy.
Local Area Coordination services (LAC) services means services working in partnership with the NDIA, to help participants, their families and carers access the NDIS.
Natural personmeans a person of at least 18 years of age who has not been declared bankruptcy within the last three (3) years.
National Disability Insurance Agency or NDIA means the National Disability Insurance Agency Launch Transition Agency, a body corporate established pursuant to section 117 of the National Disability Insurance Scheme Act 2013 (Cth).
National Disability Insurance Schemeor NDIS means the National Disability Insurance Scheme established under the National Disability Insurance Scheme Act 2013 (Cth).
NDIS provider refers to an NDIS approved providerthat intends to provide or does provide the in-scope NDIS registration groups to people who have a disability residing in Victoria.
NDIA registration means registration as a provider of supports under Part 3 of the National Disability Insurance Scheme Act 2013 (Cth).
NDIA Terms of Businessmeans the NDIA Terms of Business for Registered Providers available from the NDIS website as amended from time to time. ( as amended from time to time.
Register(s)means:
- the Register of disability serviceprovidersestablished under section 46 of the Disability Act; and/or
- the Register of community servicesestablished under section 54 of the CYF Act.
Secretarymeans the Secretary to the department.
In this policy, where a power of the ‘Secretary’ is referred to, this is also a reference to that power exercised by the Secretary’s delegate/s.
Service Agreementmeans a funding agreement between the department and a DSP or community service for the provision of services to the community on behalf of the department, subject to certain service requirements, terms and conditions.
Standards means the Human Services Standards (gazetted as the Department of Health and Human Services Standards), including the governanceand management standards of organisation’s chosen independent review body.
Standards and Regulation means Standards and Regulation in the Regulation, Health Protection and Emergency Management Division of the department, which manages compliance with the Standards and registration functions of the Secretary, the contact details for which are included in this document.
Victorian Working Arrangements means the Victorian Quality and Safeguards Working Arrangements for Transition (agreed between the Victorian Government, Commonwealth Government and the NDIA).
Introduction
Purpose
This policy sets out the Secretary’s requirements for registration of DSPs and community services under the Disability Actand/or the CYF Actrespectively.
Key legislative and policy requirements
The key legislative and policy requirements underpinning this policy include:
- Registration is required for providers that have a Service Agreement with the department to deliver inscope registration activities.
- Providers must deliver services to people who reside in Victoria to be eligible for registration.
- An application for registration as a DSP under the Disability Act must be made in the name of the provider whether a legal entity or natural person.
- An application for registration as a community service under the Children, Youth and Families Act must be in the name of a body corporate.Body Corporate does not include natural persons or unincorporated entities.
- Providers that apply for registration as a DSP or community service will be required to demonstrate their capacity to deliver services in compliance with the Standards.
- DSPs or community services that apply for renewal of registration will be required to demonstrate their compliance with the Standards.
- Registration will be for a period of three (3) years, unless revoked earlier. In exceptional circumstances, the Secretary may exercise discretion to grant DSPs registration for a period greater than three (3) years.
- The Secretary may impose any conditions or restrictions on the registration, or renewal of registration, of a DSP or community service, as deemed appropriate.
- An application for renewal of registration must be received by the department no later than sixty(60)business days prior to the expiry of the DSP’s or community service’s current registration to allow time for the application to be assessed. Applications received after this time may not be assessed by the Secretary prior to the expiry date of the DSP’s or community service’s current registration and their registration may lapse. The application must include confirmation of the DPS’s or community service’s current accreditation against the Standards.
- Information regarding the registration, or the renewal of registration, of a DSP, including but not limited to information relating to any conditions or restrictions imposed on a DSP by the Secretary, will be provided to the Disability Services Commissioner.
- Department funded providers also registered with NDIA to deliver in-scope NDIS registration groups are required to register or renew their registration using the approved application form in this policy.
Obligations of registered providers
Registered DSPs must:
- comply with the Disability Act including their obligations with respect to complaints, Community Visitors and restrictive interventions;
- comply with the Standards;
- comply with any conditions or restrictions on registration imposed by the Secretary;
- where relevant, comply with the Victorian Working Arrangements and NDIA terms of business; and
- notifythe Secretary, care of the Assistant Director, Human Services Regulator, Regulation, Health Protection and Emergency Management Division
- (within fourteen (14) days) of any changes to its details on the Register of disability service providers (Register), or of information to be removed from the Register.
A registered community service must:
- comply with the CYF Act;
- comply with the Standards;
- comply with any conditions or restrictions on registration imposed by the Secretary; and
- advise the department’s Assistant Director, Human Services Regulator, Regulation, Health Protection and Emergency Management Division(within fourteen (14) days) of any changes to the details on the Register of disability service providers (Register) or information to be removed from the Register.
Sub-contracting arrangements
Where a DSP or community service wants to sub-contract another entity to perform part of the services under its Service Agreement, the Secretary may require the proposed sub-contractor to be registered under the Disability Act and/or CYF Act as applicable prior to the commencement of services being subcontracted.
The DSP orcommunity service must inform Standards and Regulation of any proposed sub-contracting arrangement/s which may arise during its period of registration, at the time the sub-contracting arrangement is being negotiated with the department.
Irrespective of their registration status, the sub-contractor must comply with the Standards and the requirements specified in the DSP’s or inthe community services’Service Agreement.
Who should register?
Providers with direct funding from the department
Where the department identifies a provider and is prepared to execute a Service Agreement for the delivery of inscope registrationactivities, the provider must be registered as a DSP or community service prior to the commencement of the delivery of services.
Providers that receive funding for inscope registrationactivities that do not provide direct client services, may, with the Secretary’s approval, be exempt from the requirement to register under the Disability Act and/or CYF Act (as applicable).
Exceptions to this requirement include:
- Where a service provider is registered as a DSP or community service and provides in scope activities under a different business name (but the same legal entity), the service provider must notify the department of the business name that will also be included on the Register. Where in scope activities are to be provided by a separate legal entity, this entity must apply for separate registration under the relevant Act/s.
- A community service that is paid on invoice by the department to deliver out-of-home care contingency placements. Although it does not have a Service Agreement, the entity will be required to register as a community service prior to the commencement of services.
- Entities funded for in scope activities that do not provide direct client services, may, with the department’s approval, be exempt from the requirement to register under the relevant Act/s.
NDIS providers registered / registering with NDIA
Department funded providers also registered with NDIA to deliver in scope NDIS registration groups are
required to register or renew their registration using the approved application form in this policy.
Application to register as a DSP as required by the Secretary
In accordance with section 40(3) of the Disability Act, the Secretary may require a provider to apply for registration as a DSP before any funds are provided.
Department deemed registered DSPs
The Disability Act allows the Secretary to 'deem' a person or body to be registered as a DSP if the person or body is a community service registered under the CYF Act and provides a service specifically for the support of persons with a disability who are children (section 48(3) of the Disability Act). If the Secretary deems a person or a body a DSP under this provision, that person or body does not need to submit a separate application for registration as a DSP.
Providers which deliver disability and community services
Unless deemed to be a registered DSP, providers that deliver both disability and community services must apply for registration as a DSP and registration as a community service, using the Application for registration and/or renewal of registration as a disability service provider and/or community serviceform. Following approval by the Secretary’s delegate, providers will be included on theRegister(s).
Inscope registration activities for disability service providers
In scope activities requiring registration
At an activity level, the following activities are considered to be specifically for the support of persons with a disability. Providers funded to deliver any of these activities require registration as a DSP:
- Access (17044)
- Behaviour Intervention Services (17026)
- Case Management (17028)
- Community Based Respite (17078)
- Criminal Justice Services (17006)
- Facility-Based Respite (17019)
- Flexible Support Packages (17034)
- Futures for Young Adults (17201)
- Independent Living Training (17023)
- Individual Support Packages (including facilitation) (17081) (only where funded through a Service Agreement)
- Multiple and Complex Needs Initiative (17250)
- Outreach Support (17008)
- Planning (17252)
- Recreation (17035)
- Residential Institutions (17017)
- Supported Accommodation (17016)
At its discretion, the department may change the activities which require registration from time to time.
In scope NDIS registration groups requiring registration
Providers registered with NDIA to deliver any of the following NDIS registration groups require registration as a DSP:
- Assist-Life Stage, Transition
- Assist-Personal Activities
- Assist-Personal Activities High
- Behaviour Support
- Daily Tasks/Shared Living
- Development-Life Skills
- Group/Centre Activities
- Participate Community
- Plan Management[1]
- Support Coordination
Inscope registration activities for community services
Inscope activities requiring registration (community services)
At an activity level, the following activities are considered to be specifically for the support of children requiring care, support, protection or accommodation and of families requiring support. Providers funded to deliver these activities require registration as a community service:
Community-based child and family services
- Aboriginal Family Services (31165)
- Aboriginal Child Specialist Advice (ACSASS) (31263)
- Aboriginal Community Controlled Organisation Services - Family and Community Services (31260)
- Cradle to Kinder (ante postnatal support) (31264)
- Early Parenting Centre Services (31256)
- Early Parenting Centres -Parenting Assessment and Skill Development Services (31259)
- Health Services and Rehabilitation Programs (32303)
- Integrated Family Services (31245)
- Integrated Family Services – Indigenous (31246)
- Parenting Assessment and Skills Development Services (31255)
- Placement Prevention Programs (31218)
- Sexually Abusive Treatment Services (31242)
- Stronger Families (31262)
- Support and Safety Hubs - Service Delivery (38010)
- Support and Safety Hubs - Integrated Practice Support (38011)
- Support and Safety Hubs - Flexible Funding and Brokerage (38012)
Out of home care services
- Educational Support - Children in Residential Care (31219)
- Intensive Treatment Services (31163)
- Home Based Care - Adolescent Community Placement (31205)
- Home Based Care - Kinship Care (31202)
- Home Based Care - General (31214)
- Home Based Care - Complex (31216)
- Home Based Care - Intensive (31418)
- Home Based Care - Therapeutic Foster Care (31413)
- Lead Tenant (31188)
- Leaving Care Support Services (31414)
- Out of Home Care Targeted Care Packages (31209)
- Residential Care (31415)
- Residential Care - Case Management (31416)
- Springboard (Leaving Care) (31421)
At its discretion, the department may change the activities which require registration.
Application for initial registration
Application for registration
A provider may become a registered DSP and/or community service by making an application to the Secretary using the Application for registration and/or renewal of registration as a disability service provider and/or community serviceform.The Secretary may also require a providerthat has applied for funding under the Disability Act to apply for registration as a DSP prior to receiving any funds, pursuant to section 40(3) of the Disability Act.
Applicants are only required to submit one application form, regardless of the number or types of services provided.
Demonstration of capacity to comply with the Standards