Complaints handling function
The Ministerial review found the regulation making powers at section 32A of the DSA, which allow service providers to be brought in or out of scope of Disability Services' complaints handling function in relation to the delivery of disability services, should be removed. The powers were included to ensure all relevant disability services were covered by either Disability Services' or the NDIS Commission's complaints handling functions, and that there were no circumstances in which a consumer did not have a formal avenue of complaint. However, these powers are unnecessary as all relevant service providers are already adequately covered.
Application of Queensland's restrictive practices framework
The Ministerial review found section 140 of the DSA should be amended to clarify that Queensland's restrictive practices framework (under part 6 of the DSA) only applies to disability supports and services provided by registered NDIS providers under an NDIS participant's plan, or funded or provided by Disability Services. The intention of section 140 of the DSA is to ensure that the restrictive practices framework applies to the provision of these supports and services, even if the service provider also uses other funds or resources to provide particular disability services. It is not intended that the DSA cover the field relating to the use of restrictive practices in other service settings, such as health and mental health services and schools.
