NDIS Code of Conduct Explained: 8 Rules, Penalties & 2026 Updates

Home » NDIS Code of Conduct Explained: 8 Rules, Penalties & 2026 Updates

If you’re an NDIS participant, family member, support coordinator, or worker, you’ve probably seen the words “NDIS Code of Conduct” stamped on agreements, policies, and training documents – but few resources actually explain what it means in plain language, who it covers, what your rights are, and what happens when someone breaks it.

The NDIS Code of Conduct isn’t just a poster on a provider’s wall. It’s a set of legally binding rules under Section 6 of the National Disability Insurance Scheme (Code of Conduct) Rules 2018, and breaching it can lead to civil penalties of up to $262,500, banning orders, or even criminal proceedings. In April 2026, the Australian Parliament passed new laws that strengthen those penalties further.

This guide explains every element of the Code, who it applies to, what changed in 2024 and 2026, how to report a breach, and what it means for you in 2026 – all backed by the NDIS Quality and Safeguards Commission and the Federal Register of Legislation.

What Is the NDIS Code of Conduct?

The NDIS Code of Conduct is a national set of standards for how NDIS supports and services must be delivered. It is set out in Section 6 of the National Disability Insurance Scheme (Code of Conduct) Rules 2018, made under the NDIS Act 2013.

The Code applies to everyone who delivers NDIS-funded supports – whether they are registered with the NDIS Quality and Safeguards Commission or not. That means a major Sydney provider with hundreds of staff and a sole-trader support worker on a casual gig are held to exactly the same standard.

The Code is the foundation of participant rights in the scheme. The NDIS Commission can investigate breaches of the NDIS Code of Conduct, issue banning orders, impose civil penalties, and refer matters to police or the Federal Court of Australia.

Who Does the NDIS Code of Conduct Apply To?

The Code applies to three groups:

NDIS providers — registered and unregistered organisations or sole traders delivering NDIS supports
Key personnel — board members, executives and senior managers who make decisions affecting NDIS supports
NDIS workers — anyone employed, contracted or volunteering to deliver supports, including support workers, allied health professionals, plan managers, support coordinators and admin staff with participant contact

The amendment that came into effect in December 2023 explicitly extended the Code to key personnel, closing a gap where executives could previously argue they weren’t directly bound. Today, a CEO making pricing decisions is just as accountable under the Code as a frontline support worker.

Registered vs Unregistered Providers – Same Code, Same Rules

A common misunderstanding is that unregistered providers are exempt. They aren’t. The NDIS Commission can — and does — investigate unregistered providers and individual workers under the Code. With mandatory registration expanding from 1 July 2026 (covering Supported Independent Living and platform providers), more services will move into the registered category, but the Code applies regardless.

The 8 Elements of the NDIS Code of Conduct

The Code originally had 7 elements. In December 2023, an amendment added an eighth element on fair pricing. Today, every NDIS provider, worker and key personnel must:

#	Code Element	What It Means in Practice
1	Act with respect for individual rights to freedom of expression, self-determination and decision-making	Participants get to make their own choices — about supports, daily life, relationships, where they live. Workers can offer information; they cannot override.
2	Respect the privacy of people with disability	Personal information stays confidential. Photos, stories or details cannot be shared on social media or with other clients without consent.
3	Provide supports and services in a safe and competent manner, with care and skill	Workers must be trained and qualified for the tasks they perform. Skipping safety steps or “winging it” with manual handling, medication or behaviour support is a breach.
4	Act with integrity, honesty and transparency	No false invoicing, no misleading service agreements, no claiming hours not worked, no inflating reports. Time-sheet fraud is one of the most common Code breaches investigated.
5	Promptly take steps to raise and act on concerns about quality and safety	If a worker sees something unsafe, they must report it. Staying silent to “not cause trouble” is itself a breach.
6	Take all reasonable steps to prevent and respond to all forms of violence, exploitation, neglect and abuse	Active duty — not just avoiding harm yourself, but acting when others cause it. Failure to report known abuse is a breach.
7	Take all reasonable steps to prevent and respond to sexual misconduct	Includes inappropriate comments, touching, grooming behaviour, sharing of explicit content, or any sexual relationship with a participant in a worker’s care.
8	Not engage in unfair pricing when supplying or promoting goods for NDIS participants (added Dec 2023)	Providers cannot charge participants more than non-NDIS customers for substantially the same product or service without a documented, reasonable justification.

Each element of the NDIS Code of Conduct is enforceable. A single serious breach — for example, sexual misconduct or financial fraud — can lead to immediate banning. Patterns of smaller breaches (such as repeated late incident reports or sloppy documentation) can also trigger compliance action.

The 2026 Update: New Integrity and Safeguarding Laws

On 8 April 2026, the National Disability Insurance Scheme Amendment (Integrity and Safeguarding) Act 2026 received Royal Assent. The legislation strengthens the regulatory powers of the NDIS Quality and Safeguards Commission and introduces:

Higher civil penalties for aggravated contraventions — where a provider’s breach involves a significant failure (such as a death, serious injury, or systemic neglect)
Expanded mandatory registration (from 1 July 2026) for higher-risk activities including personal care, daily living supports, and supports delivered in closed settings
Strengthened information-sharing between the NDIS Commission, NDIA, and state/territory regulators
Tougher enforcement against repeat offenders and providers who breach banning orders

The 2026 reforms don’t change the eight elements of the NDIS Code of Conduct itself — they make it easier and faster for the Commission to act when a breach occurs. The headline message for providers and workers: the bar has been raised, and the consequences are now bigger.

What Are the Penalties for Breaching the NDIS Code of Conduct?

The NDIS Commission has a graduated set of compliance tools. Which one is used depends on the seriousness, history, and impact of the breach.

Compliance Action	What It Means	When It’s Used
Compliance notice	Formal written direction to fix something within a set timeframe	Lower-risk breaches; first-time issues
Enforceable undertaking	Provider commits in writing to specific corrective actions over a defined period	Moderate breaches where the provider is willing to remediate
Civil penalties	Fines up to $52,500 per individual or $262,500 per corporation per contravention	Serious or repeated breaches
Banning order	Worker or provider prohibited from working in the NDIS — temporarily or permanently	Serious misconduct, fraud, abuse, or risk to participant safety
Registration suspension or cancellation	Provider can no longer deliver NDIS-funded supports	Severe or systemic compliance failure
Federal Court action	Civil penalty proceedings — penalties of up to $1.9 million have been ordered in serious cases	Most serious breaches involving death, serious injury, or systemic harm

The Commission’s enforcement activity has scaled up sharply. In the first six months of 2024, the Commission issued 62 banning orders — a 25%+ increase on the same period the previous year. In 2025, it brought its first-ever Federal Court proceedings against individuals for breaching banning orders, signalling that the Commission is now willing to prosecute, not just sanction.

What Is a “Reportable Incident”?

Some events are so serious that registered providers must notify the NDIS Commission within strict timeframes:

Within 24 hours: deaths of participants, serious injury, abuse or neglect, sexual misconduct, and unauthorised use of restrictive practices
Within 5 business days: a follow-up final report with full details, root cause, and corrective action

Missing these timeframes is itself a breach of the NDIS Code of Conduct. Late or missing reportable incident notifications are one of the most common compliance failures the NDIS Commission acts on.

The Fair Pricing Rule (Element 8) – What Changed in 2023

The eighth element of the Code is the most recent addition and the most commercially significant. Effective 19 December 2023, NDIS providers cannot charge or promote higher prices for NDIS participants compared to non-NDIS customers without a reasonable, documented justification.

This was added in response to widespread reports of “NDIS pricing” — providers charging participants two or three times the rate they would charge a private customer for substantially the same product or service.

What Counts as Unfair Pricing?

Charging an NDIS participant $120 for a wheelchair cushion that retails to the public at $60, with no extra service or product difference
Advertising one set of prices on a public website and a higher set inside an NDIS-only catalogue without justification
Quoting different hourly rates for support that isn’t actually different in scope, qualifications, or delivery

When Is Different Pricing Justified?

The Commission accepts that NDIS service delivery sometimes does cost more — and pricing differences can be lawful when they reflect:

Additional staff training, supervision or specialist qualifications
Extra documentation, reporting or compliance work
Specialised equipment, modifications or assistive technology
Additional time for communication, behavioural support, or accessibility

The provider must be able to document and explain any price difference. The Commission’s expectation is clear: if you can’t justify it on paper, it’s unfair pricing.

How NDIS Workers Apply the Code Day-to-Day

For frontline NDIS workers, the Code is most often tested in everyday moments. Here’s how each element shows up in practice:

Choice and control: A participant wants to skip their physio appointment to go to a friend’s birthday. Element 1 says the worker supports the participant’s decision (after talking through the trade-offs) — they don’t override it.
Privacy: A worker takes a fun photo with a participant and their cake. Element 2 says don’t post it to Facebook without explicit, informed consent — even if the participant is smiling.
Safety and competence: A new worker is asked to do a hoist transfer they haven’t been trained on. Element 3 says they must decline and ask for training, not “give it a go.”
Honesty: A worker is asked to clock 4 hours when they only worked 3.5. Element 4 says no — and Element 5 says the worker must report the request.
Speaking up: A worker notices a colleague is rough during personal care. Element 5 and 6 require them to raise it formally — silence is itself a breach.

Your Rights Under the NDIS Code of Conduct

Because the Code is law, you don’t need to make a special complaint to enforce it. The Code is automatically attached to every NDIS support you receive. If a provider or worker breaches the Code, you can:

Talk directly to the provider — many issues resolve quickly when raised. Providers must have a complaints process by law.
Make a complaint to the NDIS Quality and Safeguards Commission — call 1800 035 544 or use the online complaint form. Complaints can be anonymous, and the Commission cannot identify you to the provider without your permission.
Contact a disability advocate — for help understanding your rights or making a complaint. The National Disability Advocacy Program funds free advocates Australia-wide.
In emergencies, call the police on 000 — for any criminal matter (assault, theft, sexual misconduct).

You will not lose your funding, your supports, or your standing for making a complaint. Retaliation against a complainant is itself a breach of the Code.

Common NDIS Code of Conduct Breaches in 2024-2026

Looking at the NDIS Commission’s published compliance actions, the most common breaches in recent years fall into a few clear patterns:

Breach Type	What’s Happening	Code Element Breached
False invoicing	Billing for hours, kilometres or services not delivered	Element 4 (integrity)
Late or missing incident reports	Failure to lodge a reportable incident within 24 hours	Element 5 (raise concerns)
Unauthorised restrictive practices	Locking doors, withholding food or items, or using restraints without an approved Behaviour Support Plan — a top NDIS Commission enforcement priority in 2026	Elements 1, 3, 6
Privacy breaches	Sharing photos, medical info or personal stories without consent (often on social media)	Element 2
Working while banned	Continuing to deliver supports after being issued a banning order — now actively prosecuted in Federal Court	All elements
Inadequate staff training	Workers performing high-risk tasks without competency sign-off	Element 3
Inflated NDIS pricing	Charging participants higher prices for the same product/service available to public customers	Element 8

What Should Providers Do to Comply with the NDIS Code of Conduct?

The Code is enforced through evidence — what you can show, not just what you intend. Strong compliance starts with documentation. Providers operating in NSW and across Australia in 2026 should ensure:

Code training is completed by every worker (and key personnel) and refreshed annually, with sign-off recorded
Policies and procedures reference the Code explicitly and are reviewed at least annually
Reportable incident processes are tested — every worker should know the 24-hour rule and how to report
Pricing documentation includes a written justification for any price differences between NDIS and non-NDIS customers (Element 8)
Supervision records are kept — the NDIS Commission’s view is “if it isn’t documented, it didn’t happen”
Worker screening checks are current for all in-scope workers (NDIS Worker Screening Check, NSW)
Complaint and feedback channels are accessible to participants and their families, with response times tracked

How Centre of Hope Applies the NDIS Code of Conduct

At Centre of Hope, we operate as an NDIS support coordination provider in Western Sydney. The Code shapes everything we do — from how our support coordinators have conversations with participants, to how we document our work, to how we respond to feedback.

For us, the NDIS Code of Conduct is more than a compliance checklist. It’s the standard our team is held to internally — every day, every interaction. Participants we support can expect:

Genuine respect for your decisions and goals — we present options, you choose
Confidential handling of your information — only shared with your consent
Honest reporting of hours and progress — you’ll always know what we’ve done and why
Prompt action when you raise a concern — and a clear complaint process if you ever need it
Fair and transparent pricing in line with the NDIS Pricing Arrangements and Price Limits

Frequently Asked Questions

Is the NDIS Code of Conduct legally binding?

Yes. The Code is set out in legislation — the National Disability Insurance Scheme (Code of Conduct) Rules 2018, made under the NDIS Act 2013. Breaches can result in civil penalties, banning orders or, in some cases, criminal proceedings.

Does the Code apply to unregistered providers?

Yes. The Code applies to all NDIS providers and workers — registered and unregistered. The NDIS Commission has full power to investigate any person delivering NDIS-funded supports, regardless of registration status.

What’s the difference between the Code of Conduct and the NDIS Practice Standards?

The Code applies to everyone in the NDIS sector. The Practice Standards apply only to registered providers and set out detailed quality and operational requirements. The Code is the floor; the Practice Standards build on top of it.

What is the maximum fine for a Code of Conduct breach?

Civil penalties under the Code can reach $52,500 for an individual and $262,500 for a corporation per contravention. The 2026 Integrity and Safeguarding Act introduced higher penalties for aggravated contraventions. In serious cases — for example, where a participant has died — the Federal Court has ordered penalties of up to $1.9 million.

How do I make a complaint about a Code breach?

Call the NDIS Quality and Safeguards Commission on 1800 035 544 or lodge a complaint online at ndiscommission.gov.au. Complaints can be anonymous. You can also ask a disability advocate to help you, free of charge.

What is “fair pricing” under the Code?

Element 8 of the Code, in effect from 19 December 2023, says providers cannot charge or promote higher prices for NDIS participants compared to non-NDIS customers without a reasonable, documented justification (such as additional training, supervision, equipment, or compliance work).

What is a reportable incident?

Reportable incidents include the death of a participant, serious injury, abuse or neglect, sexual misconduct, and unauthorised restrictive practices. Registered providers must notify the NDIS Commission within 24 hours for priority incidents and lodge a final report within 5 business days.

What changed in the Code in 2026?

The eight elements of the Code itself didn’t change. The Integrity and Safeguarding Act 2026 (Royal Assent 8 April 2026) increased civil penalties for aggravated breaches, expanded mandatory registration to higher-risk supports from 1 July 2026, and strengthened the NDIS Commission’s enforcement powers.

Can a worker be banned permanently from the NDIS?

Yes. The NDIS Commission can issue permanent banning orders for serious misconduct. Anyone subject to a banning order who continues to deliver NDIS supports can now face Federal Court civil penalty action — the Commission brought its first such cases in 2025.

Where can I read the full text of the Code?

The full Code is in Section 6 of the National Disability Insurance Scheme (Code of Conduct) Rules 2018, available free on the Federal Register of Legislation (legislation.gov.au, instrument F2018L00629). The NDIS Commission also publishes plain-language guidance for both providers and workers (latest version: April 2024).

How Centre of Hope Can Help

Understanding the NDIS Code of Conduct is the first step. Knowing what to do when something doesn’t feel right is the next. At Centre of Hope, we help participants across Western Sydney and NSW:

Understand your rights under every element of the Code
Identify potential breaches and document concerns properly
Make a formal complaint to the NDIS Quality and Safeguards Commission
Connect with independent advocates who can support you free of charge
Coordinate alternative providers if your current arrangements aren’t working
Stay informed as the 2026 reforms take effect across the scheme

You should never feel unsafe, dismissed, or pressured by your NDIS supports. If you do — we’ll walk alongside you to put it right.

Your goals. Your plan. Our support.

📞 Call us: 0432 250 900
🌐 Visit: centreofhope.com.au
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