Understanding Outcome 1.5: VANED and Complaints
Outcome 1.5 in the NDIS Practice Standards Core Module has two closely related components that are assessed together in an audit. The first is the VANED framework — ensuring participants are safe from violence, abuse, neglect, exploitation, and discrimination. The second is ensuring that when things go wrong (or even when participants simply want to give feedback), there is a clear, accessible, and safe pathway for them to do so.
The connection between safeguarding and complaints handling is intentional: the NDIS Commission recognises that an effective complaints system is one of the primary mechanisms for identifying and addressing VANED. A provider without a functioning complaints system is a provider where participant harm is more likely to remain hidden.
The legal framework for complaints handling under the NDIS includes:
- The NDIS (Provider Registration and Practice Standards) Rules 2018 — specifically the quality indicators under Outcome 1.5
- The National Disability Insurance Scheme Act 2013 (Cth) — Section 73Y (Complaints to the Commissioner)
- The NDIS Code of Conduct — which requires all providers and workers to take reasonable steps to prevent and respond to violence, exploitation, neglect and abuse
- The NDIS (Complaints Management and Resolution) Rules 2018 — which set specific requirements for how providers must manage complaints
NDIS Commission Complaint Handling Requirements
The NDIS (Complaints Management and Resolution) Rules 2018 impose specific, legally binding requirements on registered NDIS providers. These rules apply to all registered providers regardless of size. Key requirements include:
- Accessible complaints system: Providers must have a complaints management system that is accessible to all participants, including those with communication impairments, those from non-English speaking backgrounds, and those in remote areas.
- Multiple complaint channels: Complaints must be able to be made orally (in person or by phone), in writing, or through an intermediary (advocate or nominee).
- No adverse consequences: Providers must not disadvantage a participant for making a complaint. The policy must explicitly state that complaints will not affect the participant's service delivery.
- Acknowledgement timeframe: Complaints must be acknowledged promptly — the Commission's guidance recommends within 2 business days.
- Resolution timeframe: Providers must make all reasonable efforts to resolve complaints within 30 calendar days.
- External pathway information: Providers must inform complainants of their right to take the complaint to the NDIS Commission if not satisfied with the provider's response.
- Record-keeping: All complaints and their outcomes must be recorded in a complaints register.
What the Complaints and Feedback Policy Must Include
A compliant NDIS complaints and feedback policy must address all of the following elements:
Scope and Definitions
The policy must define what constitutes a complaint and distinguish it from general feedback and service requests. A complaint is an expression of dissatisfaction about a service, action, or inaction by the provider or its workers, where a response or resolution is expected. Feedback (including compliments) that does not require a formal response should also be welcomed and recorded, but through a different pathway.
Who Can Make a Complaint
The policy must clearly state that complaints can be made by: the participant; a family member or carer with the participant's consent; a nominee or legal guardian; an advocate; any person whose interests are affected by the provider's services. There should be no restriction on who can raise a complaint on a participant's behalf.
How to Make a Complaint
Multiple accessible channels must be described, including phone, email, in writing, in person, and through an advocate or interpreter. The policy should specify who within the organisation receives complaints and how complaints are triaged.
Confidentiality Protections
The policy must describe how confidentiality is maintained during the complaints process — who has access to complaint information, and how the identity of the complainant is protected (particularly relevant where the complaint is about a specific worker).
No Adverse Action Guarantee
An explicit statement that no adverse action will be taken against a participant or worker for making a good-faith complaint. This is a legislative requirement under the NDIS (Complaints Management and Resolution) Rules 2018.
Timeframes
The policy must specify: the timeframe for acknowledging a complaint (recommended: 2 business days); the timeframe for resolution (recommended: 30 calendar days); and the process for communicating delays if resolution cannot be achieved within the standard timeframe.
External Complaints Pathway
The policy must inform participants that they have the right to complain directly to the NDIS Quality and Safeguards Commission at any time — they do not have to first go through the provider's internal process. The Commission's contact details must be included: phone 1800 035 544, website ndiscommission.gov.au.
Continuous Improvement Link
The policy must describe how complaints data is analysed and used to improve service quality. This connects Outcome 1.5 to Outcome 2.3 (Quality Management and Continuous Improvement).
The Complaints Resolution Process
A well-documented complaints resolution process is as important as the policy itself — and auditors will check both. The process should follow these steps:
| Step | Action Required | Timeframe | Recorded In |
|---|---|---|---|
| 1. Receipt | Complaint is received and logged with date, complainant details, nature of complaint, and service involved | Same day | Complaints Register |
| 2. Acknowledgement | Complainant is contacted to confirm the complaint has been received and a named contact person is assigned | Within 2 business days | Complaints Register + written acknowledgement |
| 3. Assessment | Complaint is assessed for urgency, seriousness, and whether immediate action is required (e.g., participant safety risk) | Within 5 business days | Complaints Register |
| 4. Investigation | Relevant information is gathered — staff accounts, records, dates. The investigation is proportionate to the seriousness of the complaint. | Within 15–20 business days for most complaints | Investigation notes (kept on file) |
| 5. Resolution | A decision is made and communicated to the complainant, explaining what was found and what action will be taken | Within 30 calendar days | Complaints Register + written outcome letter |
| 6. Review/Escalation | If the complainant is not satisfied, the complaint is escalated to a senior manager or director, and the external pathway to the NDIS Commission is reiterated | Within 10 business days of escalation request | Complaints Register |
| 7. Close and Record | Complaint is closed in the register; any systemic issues identified are recorded in the Continuous Improvement Register | Upon resolution | Complaints Register + CI Register |
Serious complaints involving allegations of abuse, assault, neglect, or VANED must be treated as potential reportable incidents under the NDIS (Reportable Incidents) Rules 2019. These must be reported to the NDIS Commission within the applicable timeframes (24 hours for immediate risk; 5 business days for others) — parallel to, not instead of, the complaints process.
Complaints Register Requirements
The complaints register is the documentary backbone of your complaints system. Auditors will review the register to check whether complaints are being recorded, tracked, and resolved consistently. A compliant register includes:
- Complaint ID: A unique reference number for each complaint
- Date received: The date the complaint was first made or received
- Complainant: Whether the complainant is the participant, a family member, an advocate, or another party (identity protected separately)
- Nature of complaint: A brief description of what the complaint is about — categorised by type (service delivery, worker conduct, communication, safety, other)
- Service/worker involved: Which service, location, or worker the complaint relates to
- Acknowledgement date: When the complainant was contacted to acknowledge receipt
- Status: Open / Under investigation / Awaiting response / Resolved / Escalated / Referred to NDIS Commission
- Resolution date: When the complaint was resolved
- Outcome: Brief description of the resolution and any action taken
- CI action: Whether the complaint identified a systemic issue requiring a continuous improvement action
Participant Feedback Mechanisms
A complaints system alone is not sufficient to satisfy Outcome 1.5 — providers must also have proactive mechanisms to seek participant feedback. Passive complaint-only systems miss the reality that many participants — particularly those with cognitive disabilities, communication impairments, or who feel vulnerable about their service — will not initiate complaints even when they are unhappy.
Effective feedback mechanisms for NDIS providers include:
- Regular check-ins: Structured conversations (not just casual chats) where a senior staff member or coordinator asks each participant about their satisfaction with supports, documented in a brief record
- Annual participant surveys: A simple, accessible survey (available in Easy Read format) asking about satisfaction, safety, and whether support goals are being met
- Feedback forms: Available at the service location and online, in plain English and accessible formats
- Independent feedback pathways: Ensuring participants know they can speak to someone other than their regular support worker (e.g., a coordinator or manager) if they have concerns
- Advocate access: A documented process for facilitating access to independent advocacy services where requested
What Auditors Look For
NDIS certification auditors assess complaints handling under Outcome 1.5 by examining:
- The Complaints and Feedback Policy — current, version-controlled, approved, and compliant with the NDIS (Complaints Management and Resolution) Rules 2018
- The complaints register — with entries, resolution dates, and outcome notes. An empty register is a red flag (it suggests complaints are not being captured, not that there are none)
- Evidence that acknowledged complaint timeframes are being met
- Participant information documents (service agreements, welcome packs) — checking that complaints information and NDIS Commission contact details are included
- Evidence of continuous improvement actions arising from complaints
- Staff training records showing workers know how to receive and handle complaints
A complaints register with zero entries over 12+ months is one of the most suspicious findings an NDIS auditor will encounter. Every provider with active participants receives complaints or feedback — even if informal. A completely empty register signals either that complaints are not being recorded, or that participants have not been told how to complain. Both are findings.
Common Complaints Policy Failures
1. Policy Does Not Reference the NDIS Commission External Pathway
The single most common technical failure in NDIS complaints policies is omitting the external complaints pathway to the NDIS Commission. This is a legally mandated element under the NDIS (Complaints Management and Resolution) Rules 2018.
2. No Accessible Format Options
A complaints policy that assumes participants can read and write English at a high level — or access complaints only via a written form — fails the accessibility requirement. Easy Read versions, phone options, and interpreter access must be available.
3. Complaints Register Not Connected to Continuous Improvement
Many providers keep a complaints register but never use the data in it. Auditors will specifically check whether complaints have generated CI actions — and if they haven't, will ask why not.
4. No Evidence of Proactive Feedback Collection
A system that only captures formal complaints but does not actively seek participant feedback does not satisfy the full intent of Outcome 1.5.
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- Policy includes the NDIS Commission external complaints pathway and contact details
- Policy includes an explicit no adverse action guarantee
- Multiple accessible complaint channels are documented
- Complaints register is maintained with all required fields
- Register shows complaints are being acknowledged and resolved within timeframes
- Service agreements include complaints information and NDIS Commission contact details
- Complaints data is reviewed and feeds into the CI register
- Staff training records show workers are trained to receive and escalate complaints
- Proactive feedback mechanisms (surveys, check-ins) are documented and used
Important: This article provides general guidance about NDIS compliance requirements. It is not legal or professional advice. Requirements may change as the NDIS Commission updates its policies and Practice Standards. Always verify current requirements with the NDIS Quality and Safeguards Commission or a registered NDIS consultant before making compliance decisions.