If you have a problem with your Specialist Disability Accommodation (SDA) provider in Adelaide, you can raise the issue directly with the provider or report it to the NDIS Quality and Safeguards Commission.
You do not always have to complain to the provider first. If you feel comfortable, raising the concern directly can sometimes resolve the problem quickly. However, if you are unhappy with the provider’s response, the provider is not responding to your complaint, or you do not feel safe or comfortable raising the issue with them, you can contact the NDIS Commission.
This guide explains who to complain to, what information to provide, how to escalate an SDA provider complaint, how to contact the NDIS Commission, and what happens after you report an issue.
If you need help understanding your options after experiencing an issue with an NDIS service provider, EasAbility provides NDIS support services for participants in Adelaide. Understanding your rights and the available support pathways can make it easier to decide what steps to take when a provider issue remains unresolved.
What Are the Complaint Pathways for an SDA Provider?
There are two main places you can start when something goes wrong: you can raise the issue directly with your SDA provider or contact the NDIS Quality and Safeguards Commission. You don’t have to complain to your provider first in every situation, especially if you don’t feel comfortable doing so or the concern involves an urgent safety issue.
Step 1: Raise the Issue With Your SDA Provider
If it is safe to address the issue directly, start by explaining the problem to the SDA provider. You can refer to your SDA service agreement, complaints information or other documents provided when you entered the arrangement. The SDA Practice Standards require providers to work with participants on a written service agreement that explains the terms, responsibilities and arrangements relating to the SDA dwelling. The agreement should also explain how to request repairs or maintenance.
When making your complaint, explain:
- What happened.
- When the problem occurred.
- Where it happened.
- Who was involved.
- Whether the issue is ongoing.
- Whether you have previously reported it.
- What response you received.
- What you would like the provider to do to resolve the problem.
You can keep a copy of emails, letters, photographs, maintenance requests, service agreements and other relevant records.
What Should Your SDA Provider Do With the Complaint?
The NDIS Quality and Safeguards Commission says an NDIS provider must make you feel safe and comfortable discussing concerns or making complaints, deal with your concern or complaint quickly and effectively, and not threaten you for raising a concern or making a complaint. Providers must also assist you to report an issue to the NDIS Commission when needed.
For SDA specifically, providers must also maintain a complaints management and resolution system. The SDA Practice Standards require arrangements to communicate and address each participant’s concerns about the SDA dwelling.
Step 2: What If Your SDA Provider Does Not Resolve the Complaint?
If you have raised the issue with the provider and it remains unresolved, you can consider reporting it to the NDIS Commission if it falls within the Commission’s role.
The NDIS Commission specifically lists concerns such as:
- A provider not responding to a complaint effectively or not responding at all.
- Unsafe or poor-quality supports.
- A risk of harm or injury.
- Neglect or abuse.
- Supports funded through an NDIS plan not being received.
- Suspected misuse of NDIS funds.
- Unfair pricing.
- Privacy concerns.
- Conflicts of interest.
- Unfair practices by an NDIS provider or worker.
For SDA, there are also specific requirements concerning participant choice and control, conflicts of interest, service agreements, tenancy management and the condition and maintenance of SDA dwellings.
How Do You Report an SDA Provider to the NDIS Commission?
The NDIS Quality and Safeguards Commission uses its general provider complaint channels for concerns about SDA providers. There is no separate SDA complaints hotline.
By Phone
1800 035 544
TTY 133 677
Ask the National Relay Service to connect you to 1800 035 544.
Online
You can report an issue through the NDIS Commission’s online reporting service if you prefer to communicate in writing or cannot call during Contact Centre hours.
Interpreter Support
The NDIS Commission can arrange interpreters for people who need language assistance. Its complaints policy also explains how to access interpreter support through TIS National.
Postal Address
NDIS Quality and Safeguards Commission
PO Box 210
Penrith NSW 2751
For Adelaide and other South Australian participants, the Commission’s Contact Centre is open Monday to Friday, 9 am to 5pm. It is closed on public holidays in the relevant state or territory.
What Information Do You Need to Make an NDIS Provider Complaint?
You do not need to prepare a complicated legal complaint. The NDIS Participant Pack explains that the Commission needs information about who the complaint is about, what happened, what happened after you contacted the provider or worker, and what you believe should happen to resolve the complaint.
For an SDA provider complaint, it can also help to have:
- The SDA provider’s name.
- The name or location of the SDA dwelling.
- Dates and times of relevant events.
- Copies of correspondence with the provider.
- Your service agreement, where relevant.
- Photographs or other evidence, if appropriate.
- Details of any previous complaint and the provider’s response.
If you do not have every piece of information, you can still contact the Commission to discuss the issue.
Can You Make an Anonymous Complaint About an SDA Provider?
Yes. The NDIS Commission allows anonymous or confidential reports. These options are different.
Anonymous
You do not provide your name or contact details. However, the Commission cannot give you updates or tell you about outcomes, and it may be harder to assess the issue without your details.
Confidential
The Commission can keep your contact details and provide updates on the matter, while it does not share information that would identify you with others involved, where possible.
Can Someone Help You Make the Complaint?
Yes. You can have support from a family member, friend or independent advocate when reporting an issue to the NDIS Commission. The NDIS Participant Pack confirms that participants can have someone assist them with making a complaint.
The Commission also provides Easy Read information about reporting issues and complaints. Its participant information is available in accessible formats, including Easy Read.
Registered NDIS providers are also expected to make their own complaints processes accessible to participants. This includes providing information about how to complain and supporting people to access advocates and external complaint pathways.
What Happens After You Report an SDA Provider?
Reporting a provider does not automatically mean the provider will be penalised. The NDIS Commission first assesses and prioritises the information it receives according to risk.
The Commission gives the highest priority to matters involving:
- Harm or serious risk of harm.
- Provider negligence.
- Ongoing patterns of non-compliance.
- Violations of human rights.
Depending on the circumstances, the Commission may:
- Help you understand your rights.
- Provide information about how to resolve the issue.
- Work with you and the provider.
- Require a provider to take action.
- Provide education to the provider.
- Take safeguarding, compliance or enforcement action.
- Refer the matter to another organisation where appropriate.
The Commission also states that its service standards aim to complete 50% of complaints within 90 business days. This is an organisational service standard, not a promise that every individual complaint will be resolved within 90 days.
If you are dissatisfied with the Commission’s decision, you may be able to request reconsideration. The Commission states that requests for reconsideration generally need to be made within 42 days of being notified of the decision.
What If You Do Not Feel Safe Complaining to Your SDA Provider?
You do not have to put yourself in an unsafe situation to complain directly to your provider. You can contact the Commission if you do not want to speak with your provider or if you are disappointed with how the provider addressed your concern. Providers must also ensure participants feel safe and comfortable raising concerns and must not threaten them for making a complaint.
If there is an immediate emergency or someone’s life is at risk, call 000. If a person with disability could be harmed or injured soon but the situation is not an emergency, the Commission advises contacting it as soon as possible.
What If the Problem Is About Your SDA Property or Tenancy?
This is an important distinction. The NDIS Commission handles complaints about the quality and safety of NDIS supports and services, and the conduct of NDIS providers and workers. It is not a general tenancy dispute resolution service.
At the same time, SDA providers have specific responsibilities relating to their accommodation arrangements.
The SDA Practice Standards cover matters such as:
- Maintaining enrolled SDA dwellings appropriately.
- Ensuring residents’ safety, security, and privacy.
- Repairs and maintenance.
- Tenancy management.
- Participant choice and control.
- Responding to concerns about the SDA dwelling.
- Responding to violence, abuse, neglect, exploitation or discrimination.
Therefore, the nature of the problem matters.
If your concern is about the SDA provider’s NDIS service, safety, quality, conduct or relevant SDA responsibilities, the NDIS Commission may be the appropriate escalation pathway.
If the issue is a separate residential tenancy or property dispute, another South Australian pathway may also apply.
If you are unsure which pathway is appropriate, you can contact the NDIS Commission and explain the issue. The Commission says it can help identify the best course of action and may refer matters outside its role to the appropriate organisation.
Can You Change Your SDA Provider?
If you can’t resolve your concerns, changing providers may be an option, depending on your circumstances and the arrangements involved.
Before making a change, check your SDA service agreement and understand any notice or termination requirements. SDA agreements must set out matters such as the circumstances in which the agreement can be terminated and, where applicable, notice arrangements.
You can also ask a support coordinator, advocate, or another trusted person to help you understand your options before deciding.
Final Thoughts
If you have an issue with an SDA provider in Adelaide, you have clear options for raising the concern. Start with the provider’s complaints process if you feel comfortable doing so, keep a record of what you reported and the response you received, and escalate the matter to the NDIS Quality and Safeguards Commission if the issue is not resolved or you do not feel comfortable approaching the provider. Knowing the appropriate complaint pathway can help NDIS participants protect their rights, raise concerns about service quality and seek complaint resolution when an SDA provider problem remains unresolved.
FAQs
How do I report an issue with an SDA provider in Adelaide?
You can first raise the concern directly with your SDA provider if you feel comfortable doing so. If the issue is not resolved, or you do not want to approach the provider, you can report the matter to the NDIS Quality and Safeguards Commission.
Can I complain about my SDA provider to the NDIS Commission?
Yes, where the concern relates to the quality or safety of an NDIS support or service or another matter within the Commission’s role. SDA providers are subject to specific NDIS requirements, including the SDA Practice Standards.
Do I have to complain to my SDA provider first?
No. The NDIS Commission says you can contact it if you do not want to speak with your provider or if you are unhappy with how the provider addressed your concern.
What number do I call to complain about an SDA provider?
You can contact the NDIS Quality and Safeguards Commission on 1800 035 544. TTY is 133 677. You can also report an issue online or use the National Relay Service by asking for 1800 035 544.
Can I make an anonymous complaint about an SDA provider?
Yes. The NDIS Commission accepts anonymous reports. You can also choose to make a confidential report if you want to receive information about the progress of your matter.
What information do I need to make an NDIS complaint?
You should provide the provider’s name, explain what happened, describe what happened after you contacted the provider and explain what you believe should happen to resolve the issue. Supporting documents or other evidence may also be useful.
Can someone help me make an SDA complaint?
Yes. You can ask a family member, friend or independent advocate to support you when making a complaint to the NDIS Commission.
What happens after I complain to the NDIS Commission?
The Commission assesses and prioritises the matter according to risk. Depending on the circumstances, it may provide information, help with resolution, work with the provider, require provider action, undertake compliance or enforcement action, or refer the matter elsewhere.
Does the NDIS Commission handle SDA tenancy disputes?
Not necessarily. The Commission deals with complaints about NDIS supports, services, providers and workers within its role. A separate residential tenancy or property dispute may need to be addressed through the relevant South Australian pathway.
What if my SDA provider threatens me for making a complaint?
An NDIS provider must not threaten you for raising a concern or making a complaint. If you experience threats or believe you are at risk of harm, you can contact the NDIS Commission. In an emergency, call 000.
Can I change my SDA provider if my complaint is not resolved?
Changing providers may be possible depending on your SDA service agreement and circumstances. Check the agreement for termination and notice requirements and consider getting help from an advocate or support coordinator before making a change.
What if the problem involves both SDA and another NDIS support?
SDA and other NDIS supports are separate. The SDA Practice Standards specifically require participants to understand the distinction between SDA and other NDIS supports delivered in the dwelling. If the same provider delivers both, separate service agreements are required. A complaint should therefore identify which service or provider responsibility the concern relates to.
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