The role, objectives and principles of the Framework

The Framework outlines an overarching architecture and approach for quality and safeguarding in the NDIS, with a view to streamlining requirements for providers, ensuring national consistency and promoting greater choice and control for participants. The Framework also includes specific strategies to achieve these outcomes.

Given the range of actors and strategies involved in quality and safeguarding in the NDIS, the Framework was intended to set an overarching strategy and guidance, in particular for the Australian Government, as well as state and territory governments.

The overall objectives of the Framework are to ensure supports and services:

• uphold the rights of people with disability, including their rights as consumers
• facilitate informed decision-making by people with disability
• are effective in achieving person-centred outcomes for people with disability in ways that support and reflect their preferences and expectations
• are safe and fit for purpose
• allow participants to live free from abuse, violence, neglect and exploitation
• enable effective monitoring and responses to emerging issues as the NDIS develops.

The principles underpinning the Framework include:

• A human rights approach. Upholding and respecting the rights of people with disability, including the right to dignity and respect; to live free from violence, abuse, neglect and exploitation; and to participate fully in the community.
• Choice and control. Starting from a presumption that all people with disability have the capacity to make decisions and exercise choice and control, with appropriate support where needed. This is intended to allow for the dignity of risk, with support for participants to take informed and reasonable risks.
• National consistency. Regardless of where participants live in Australia, they can expect the same level of protection.
• Proportionality and risk responsiveness. Risk management and regulatory requirements must be tailored to differing levels and types of risk. This includes risks at the individual level (including the personal characteristics of a participant and the supports around them); and risks based on the types of support received (including the effect, level of personal contact and the environment of those supports).
• Efficiency and effectiveness. Protections should not unreasonably restrict entry into the market, should avoid or limit regulatory duplication wherever possible, and should develop participant capacity to manage their own safety and disability supports.

While we have not heard specific feedback on the objectives and principles of the Framework, many of the views expressed by the disability sector relate to specific issues regarding the implementation of the Framework.