What are the new obligations in relation to key personnel?
Providers must be clear about which roles and personnel constitute key personnel and ensure that they:
- Consider the new suitability criteria before engaging the person; and
- Notify the Commission of any changes in key personnel or any suitability matters within 14 days. This is a shorter timeframe than previously required.
It is an offence for providers and their key personnel not to comply with the legislation.
Russell Kennedy Key Personnel Pack
Our team have developed a range of resources that providers can purchase individually or as a pack to assist with your compliance requirements.
1. Key Personnel documents:
- A 3 Part form for the approved provider and key personnel with a declaration to be completed by key personnel for the purposes of collecting relevant information, assessing suitability, making a decision and to record the approved provider’s suitability assessment;
- A companion guide for the approved provider to assessing suitability;
- A letter to the employee providing a summary of the regulatory context and key obligations as key personnel; and
- A letter to the Board members providing a summary of the regulatory context and key obligations as key personnel.
2. Training:
- Training about the new key personnel requirements, the assessment and decision-making process, and engaging and terminating employees, including reference checking, privacy issues and employment agreements presented by webinar (75 min).
- Provision of PowerPoint for ongoing use.
- Optional – Key obligations of Board members as key personnel (20 min).
3. Policy:
- Review of approved provider’s Key Personnel Policy.
- Template Key Personnel Policy for employees, Board members and others.
4. Employment Agreement:
- Clauses for standard employment agreement, for inclusion into current template, to be tailored by the employer.
- Review of 2 other Human Resources policies for compliance with the new requirements (eg. Code of Conduct, termination of employment etc).
5. Key Personnel Suitability Matters Guidance for Dual Registered Providers:
- An overview of dual registered NDIS providers’ / Approved providers’ Key Personnel responsibilities under the AC Act and Principles, NDIS Act and Rules and other guidance material issued by the NDIS Commission and the DSS.
How do I purchase this?
To purchase any of these resources or ask any questions, please send an email to rkagedcare@rk.com.au and one of our team members will contact you.