2.5.5
Version 6.2 June 2025
Preamble
BigDog Support Services Pty Ltd and Scottvale Health Club Group (BigDog) has obligations under the National Disability Insurance Scheme Act 2013 (NDIS Act) with respect to protected disclosures and the relationship of those obligations to the recently introduced whistleblower protection provisions in the Corporations Act 2001 (Cth) (Corporations Act). The NDIS Act and Corporations Act schemes operate in parallel, and a single disclosure may qualify for protection under both statutes.
BigDog acknowledges that a transparent whistleblower policy is essential to good risk management and corporate governance. It helps uncover misconduct that may not otherwise be detected. Often, such wrongdoing only comes to light because of individuals (acting alone or together) who are prepared to disclose it, sometimes at great personal and financial risk.
Application of each Scheme
The NDIS Act sets out the categories of people to whom disclosure must be made and other important preconditions, in order for the discloser to have protection.
It is important to note that the protected disclosure obligations apply to any NDIS provider including a partnership. By contrast, the Corporations Act whistleblower scheme covers companies limited by guarantee and incorporated associations that are “trading corporations”, that is, organisations that are significantly or principally engaged in buying or selling goods or services.
Protected disclosures can be made about breaches of the NDIS Act by current workers of NDIS providers as well as by a participant who is receiving a support or service (or their family member, carer or significant other), and by a supplier of goods or services to the NDIS provider. The extension of the NDIS Act whistleblower scheme to participants and their family and carers is a significant and additional dimension to whistleblower protections under other schemes, which cannot be overlooked in planning whistleblower arrangements. To qualify for protection under the NDIS Act, the discloser must inform the person to whom the disclosure is made of their name, have reasonable grounds to suspect a contravention of the NDIS Act by the NDIS provider, and must make the disclosure in good faith.
Protected disclosures under the Corporations Act whistleblower scheme can be made by a wider range of people (including former workers and volunteers) and regarding a wider range of conduct (including conduct that is lawful but “improper”).
Protected disclosures under the Corporations Act whistleblower scheme do not have to be made in good faith, and any unauthorised disclosure of the identity of the whistleblower is a criminal offence (making investigation of disclosures particularly difficult). In addition, the Corporations Act scheme includes a mandatory requirement that all companies limited by guarantee and large proprietary companies have a policy on whistleblower protections with strict content requirements in place by 1 January 2020.
The disclosure must also be made to the relevant recipient. For the NDIS Act scheme, that is the Commissioner, the NDIA or a member of the key personnel of the NDIS provider. For the Corporations Act whistleblower scheme, the disclosure must be made to ASIC, APRA or an officer or senior manager of the entity and additional recipients can be authorised (including a third-party confidential reporting hotline).
Protections
Both Acts also set out the relevant protections if a person makes a disclosure that qualifies for protection under the relevant Act: they are not subject to civil or criminal liability for making the disclosure; no contractual or other remedy may be enforced against the discloser on the basis of the disclosure; a contract may not be terminated on the basis that the disclosure constitutes a breach of contract; and qualified privilege (a specific defence) is available in defamation proceedings in respect of the disclosure, in the absence of malice.
Victimisation
Victimisation of disclosers is prohibited under the NDIS Act. In particular, a person may not intentionally cause or threaten to cause detriment to another person because that person or another person has made a disclosure under the NDIS Act.
Detriment in this context includes alteration or withdrawal of services to a participant, altering the ability for a nominee, carer, family member or significant other to contact a participant, preventing a person from receiving information that they would otherwise have been entitled to receive and, in the case of an worker, includes dismissal, alteration of an worker’s position and discrimination between the discloser and other workers of the provider.
Similar provisions regarding victimisation and the causing of detriment to the whistleblower appear in the Corporations Act.
Penalties
Under both schemes, a person suffering damage from victimisation has the right to be compensated by the person that caused the damage.
Parallel Obligations
In addition to parallel obligations under the Corporations Act whistleblower scheme BigDog has obligations under the National Disability Insurance Scheme (Complaints Management and Resolution) Rules 2018 (Cth) to ensure that reasonable steps are taken to ensure that a person who makes a complaint, or a person with a disability affected by an issue raised in a complaint, is not adversely affected as a result of the making of a complaint.
Public Interest Disclosures
The Queensland Ombudsman administers the Public Interest Disclosure Act 2010 (Qld) (PID Act). The PID Act provides unique protections from reprisal for public officers disclosing information in the public interest to an appropriate entity about: corrupt conduct maladministration waste of public funds negligent or improper management and a danger to public health, safety or the environment
In certain circumstances the PID Act also provides protection to members of the community who make a public interest disclosure about a danger to: public health and safety (including to the health or safety of a person with a disability) the environment and a reprisal
The organisation that receives and manages the disclosure must take action to protect a public officer from retribution or reprisal (such as bullying or harassment) for making a disclosure. This means a representative of the organisation may talk to the public officer about possible reprisals that may occur should another person identify the public officer as a discloser and determine how those possible reprisals will be managed to prevent them from occurring.
Supporting Documents
Policies
2.0 Governance and Operational Management
2.5 Feedback and Complaints Management
Forms
BigDog Website – Have Your Say and Suggestion Box
CareMaster – Feedback and Complaints
Client Grievance Form
Service Improvement Form (SIF)
Information Sheets
Speak Up Complaints (NDIS Commission)
NGO Training
Feedback, Compliments and Complaints
Legislation
Corporations Act 2001 (Cwth)
Disability Services and Inclusion Act 2023 (Cwth)
National Disability Insurance Scheme Act 2013 (Cwth)
NDIS (Complaints Management and Resolution) Rules 2018 (Cwth)
Privacy Act 1988
Public Interest Disclosure Act 2013 (QLD)
NDIS Practice Standards and Quality Indicators
BigDog Support Services Pty Ltd (BigDog) is a registered NDIS provider and is required to apply the scheme’s practice standard and quality indicators.
The standards have been developed to create an important benchmark to assess provider performance and ensure that high quality and safe supports and services are provided to NDIS participants.
The four core modules are:
1.0 Rights and Responsibilities;
2.0 Governance and Operational Management;
3.0 The Provision of Supports; and
4.0 The Support Provision Environment.
The supplementary modules cover:
5.0 Specialist Support
5.1 High intensity daily personal activities.
5.3 Implementing behaviour support plans.
2.5 Feedback and Complaints Management
Each participant has knowledge of and access to the provider’s complaints management and resolution system. Complaints and other feedback made by all parties are welcomed, acknowledged, respected and well-managed.
2.5.1 A complaints management and resolution system is maintained that is relevant and proportionate to the scope and complexity of supports delivered and the size and scale of the organisation. The system follows principles of procedural fairness and natural justice and complies with the requirements under the National Disability Insurance Scheme (Complaints Management and Resolution) Rules 2018.
2.5.2 Each participant is provided with information on how to give feedback or make a complaint, including avenues external to the provider, and their right to access advocates. There is a supportive environment for any person who provides feedback and/or makes complaints.
2.5.3 Demonstrated continuous improvement in complaints and feedback management by regular review of complaint and feedback policies and procedures, seeking of participant views on the accessibility of the complaints management and resolution system, and incorporation of feedback throughout the provider’s organisation.
2.5.4 All workers are aware of, trained in, and comply with the required procedures in relation to complaints handling.
