High intensity supports

We are preparing for external audit and with high intensity high care supports (0104) — is there any requirement to have a registered nurse overseeing the service?  

The practice standards and quality indicators for registration group 104 — High Intensity Daily Personal Activities do not specify who can deliver the services. They do state that the participant’s health status is subject to regular and timely review by an appropriately qualified health practitioner. 

The high intensity support skill descriptors (HISSD) provide more specific guidance on minimum expectations.  

Involvement of a nurse is not specified; however, involvement or oversight by a relevant health practitioner is stated throughout the HISSD document. For instance: 

• A support plan for each person needs to be developed and overseen by a relevant health practitioner for each HISSD support delivered. 
• The organisation or worker needs to support the participant to seek regular and timely reviews of their health status and support plan by an appropriately qualified health practitioner. 
• Training should be delivered by an appropriately qualified health practitioner or a person who meets the expectations of this skills descriptor. 
• A worker needs to know the scope of their responsibilities, including supervision and delegation arrangements. As an organisation, you will need to ensure they know who to inform and what to do if an issue arises. (The guide does not state if that person is internal or external to the organisation.) 
• The worker needs to be able to identify and immediately inform an appropriate health practitioner if anomalies are observed. Depending on the support and issues noted, this may require immediate action, not just informing — for example, if there are swallowing or breathing difficulties. 

Please note these are just a few examples, you will need to check the specific oversight requirements for the supports delivered on the NDIS Commission website.

Supported Employment Services Award

We are looking for some advice around the Supported Employment Services Award, about grades A and B. On the 30 June 2024, as part of the transition to the SWS tool, the award for grades A and B increased following year’s FWC changes. 

We are looking to find out whether the 1 July FWC increase of 3.75 per cent will apply to grades A and B? Or will it only be applied to Grades 1 to 7? 

Are we are interpreting things correctly?  

1. We do not apply the increase to supported employees on the award that are yet to have an SWS but have been regraded into either A or B and whose current wage is above the award wage? 
2. All employees covered by the SES Award receive a 3.75 per cent increase from the Fair Work Commission's 2024 National Wage Case (NWC) decision. 

The wage rates of employees classified at Grades A and B, who are paid at the minimum rate in the SES Award (see clause 15.2 in the award), should be increased from 30 June; that is, Grade A at $5.82 per hour and Grade B at $11.63 per hour. 

The National Wage Case (NWC) increase of 3.75 per cent is then applied to the new Grades A and B rates above from 1 July 2024. 

For employees classified at Grades A and B who have not yet had an SWS assessment and whose hourly rate is below the minimum rates above, their wage rates increase by 3.75 per cent from 1 July.2024.  

If a supported employee is paid a wage rate above the minimum for Grades A and B, they also receive the 3.75 per cent increase from 1 July 2024. 

All other employees classified at the various numbered grades in the Award should receive the 3.75 per cent NWC increase from 1 July 2024. 

Sprinkler system requirements for STA

I have found lots of information about the requirements for a sprinkler system to be fitted in an SDA property. I cannot find any definitive information if the same requirement exists for disability STA accommodation. Do you have any clarity around this? 

We currently have two STA houses that do have sprinkler systems, but we are considering expanding these services and would like to clarify the requirements. 

The NDIS do not state any specific fire safety requirements for Short Term Accommodation (STA). However, the NDIS Design Standard for SDA states that “all fire safety features shall be provided as required by the NCC (National Construction Code) based on the dwelling classification as determined by the Building Certifier”. Therefore, the fire safety requirements of your intended STA accommodation would depend on its classification under the National Construction Code. 

SIL and SDA requirements under the new Victorian legislation

I am a SIL provider who does not receive SDA funding from the NDIS but sublets to a participant. Does the new Victorian DSSRA Act apply to me? 

Under the changes to the Residential Tenancies Act and the Disability Act in Victoria from 1 July there are new definitions of SDA dwelling, SDA provider and SDA resident.  

Under the Residential Tenancies Act, an SDA dwelling will be:  

• an SDA enrolled dwelling 
• other accommodation that is permanent and long-term 
• where daily independent living support is provided to one or more residents 
• where the daily independent living support provided at the accommodation is funded by the Department of Families, Fairness and Housing, Transport Accident Commission, the Victorian WorkCover Authority, NDIS, or the Commonwealth Disability Support for Older Australians program.  

The accommodation must be occupied under an SDA residency agreement or a residential rental agreement with the SDA provider under the Residential Tenancies Act.  

An SDA provider is one who:  

• owns or is the leaseholder of a property that meets the definition of SDA dwelling; and,  
• rents or proposes to rent a property to an SDA resident under a residential rental agreement or, SDA residency agreement. 

An SDA resident is a person with disability who:  

• receives, or is eligible to receive, funded daily independent living support 
• is living in or proposes to live in an SDA dwelling (including an SDA enrolled dwelling) under an SDA residency agreement, or residential rental agreement.  

This means that to be an “SDA provider”, a provider must:  

• own or lease a property that meets the definition of “SDA dwelling”  
• the property must be rented or proposed to be rented to an “SDA resident”  
• daily independent living support is provided to one or more residents 
• the property must be rented under a residential rental agreement or an SDA residency agreement. 

So yes, the new changes will apply. 

You will find more information on this and other changes to the DSSR Act on our website.  

Activity-based travel

I was hoping to seek some guidance on activity-based travel. 

What happens if a participant transport budget is consumed? Activity-based travel can be charged by the providers for any further travel support; however, is there any limit to the amount under activity- based travel which can be used? If a participant has enough in their core funding and are willing to use some funding under activity-based travel for recreational activities, etc., how do providers manage this? There has to be a limit to prevent over utilisation under travel. 

Some clarity around this would help me to explain it to participants. 

Activity Based Transport (ABT) can be used for any travel cost (in addition to the worker's time) as part of the person participating in activities in line with their NDIS plan. 

The NDIS Pricing Arrangements and Price Limits document tells you which supports may be used in conjunction with ABT claims, including claim per kilometre, claim items and claiming when the journey is shared. It gives examples of use. 

How much ABT you can use is not stated. However, it is important to make an agreement with the participant about how they wish to use their funding. They should know that the use of ABT will allow them to get to community-based activities but will affect the overall hours of direct support available. All charges need to be clearly stated in the Service Agreement.