Speak Out OCTOBER 2019 V3 DIGITAL EDITION

in practice

As of 1 July 2019 the NDIS Quality and Safeguarding Commission is now responsible for registration and governance over NDIS providers in all states and territories except WA. They have a code of conduct that applies to both registered and non- registered providers. On page 14 of the Code it states: “NDIS providers should ensure they assign appropriate workers, who have the required competence, to deliver the supports and services to meet the needs of people with disability. They should also ensure adequate policies and operational procedures, resourcing, and appropriate supervision for workers are in place to ensure supports and services are delivered in a safe and competent manner.” This supervision may take on different forms and occur more or less frequently depending on the level of experience of the worker as well as their familiarity with that area of practice. The type and frequency of the supervision sessions should be documented, along with the basis for the decision regarding the frequency New supervision requirements under NDIS Whenever an employee finishes working in a private practice, this will raise a number of potential considerations for the employer. This may include the protection of intellectual property and assurance that former employees are aware of appropriate actions for them to take, to avoid concerns that they may run off with clients to “set up shop” in competition! Employment contracts generally contain clauses that are specifically designed to protect a practice’s confidential information and legitimate practice interests, such as the clients. When an employee hands in their resignation, an employer should take the opportunity to provide them, in writing, with information about post-employment obligations. This information should refer to any contractual obligations which continue to apply post- termination. For example: Confidentiality and intellectual property Certain clauses in a contract will specifically acknowledge a practice’s ownership of all intellectual property and prohibit employees from using confidential information for any purpose other than the practice’s benefit, whether this is during or after their employment. This includes client details, data and resources/ assessments. For example, an employee must not retain client information including phone number, copies of reports etc. Post-employment restraints An employment contract should also include a clause which prevents employees from engaging in a number of competitive activities for a certain period of time (e.g. up to six or 12 months) such as: • accepting requests to work with clients; • encouraging other staff members to leave the practice.

and type of supervision, so that it can be offered as evidence of compliance as part of the auditing requirements for registration under the Commission, or upon their request. The Association recommends that all members access supervision, regardless of level of experience as per the Supervision FAQ . Members might use the wording in the NDIS Code of Conduct as an opportunity to discuss their need for supervision with their employers, in conjunction with the SPA supervision standards . Sole traders may consider organising external supervision, or formalising current informal arrangements to ensure they are meeting the requirements. Members can: contact the professional support advisor Nate Cornish-Raley to find out more and discuss any issues they have around supervision and search for a supervisor on SPA’s online Supervision Register Erin West NDIS and Practice Advisor New employees should always read their employment contract thoroughly before signing, to make sure each clause and associated obligation is clearly understood. By signing the contract, an employee agrees to all the clauses in the contract including post-contractual obligations that may have an impact on working life after finishing at the current place of employment e.g. not setting up a practice within a certain number of kms within a specific time period. It would be prudent for employers and employees to have a conversation at the final meeting about any issues pertaining to the contract so there are clear expectations about how any concerns will be manged. If an employee breaches their post-contractual obligations, employers may need to seek professional support. Similarly, if an employee has a question about their employment contract it is important they also seek similar professional support. It is better to proactively foster a workplace culture of direct, transparent communication where everyone is aware of their respective contractual obligations before there is a breach.

Post-contractual obligations: Information for employers and employees

Anna Pannuzzo WorkPlacePLUS

WorkPlacePLUS is able to support SPA Members with HR issues such as employment contracts, interpretation of pay rates, staff performance management and lots more. For more information and support, contact Anna Pannuzzo on 0419 533 434 or visit WorkPlacePLUS.com.au.

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October 2019 www.speechpathologyaustralia.org.au

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