Families and Carers in the NDIS Framework
The NDIS Act 2013 explicitly recognises the role of families and carers. Section 4(12) provides that the role of families, carers, and other significant persons in the lives of people with disability is to be acknowledged and respected. Section 4(13) states that the NDIS should support the sustainability of informal supports (which includes family caring arrangements).
This legislative recognition means that NDIS providers cannot simply ignore families — they must actively consider how the participant's family relationships and informal caring arrangements fit into the participant's support plan. However, the NDIS is fundamentally a participant-centred scheme, which means the participant's wishes and preferences take priority over family preferences where these conflict.
Distinguishing Between Roles
It is important for providers to understand the different roles a family member might hold in relation to a participant:
| Role | Legal Authority | Provider Obligations |
|---|---|---|
| Informal carer | None — purely a relationship role | Involve in support planning if the participant consents; respect the caring relationship; do not share information without participant consent |
| NDIS Plan Nominee | Appointed by NDIA CEO under s.86 of the NDIS Act | Must work with the nominee on plan management; nominee can act on participant's behalf for plan-related decisions |
| Guardian | Appointed by state/territory tribunal | Must obtain consent from guardian for decisions within the scope of the guardianship order; still involve the participant to the greatest extent possible |
| Enduring Power of Attorney | Appointed by the participant while they had capacity | Must respect the attorney's authority for decisions within scope; verify the document and its terms |
| Parent (of a child participant) | Parental responsibility under family law | Consent for supports comes from parent; involve the child in decisions appropriate to their age and maturity |
A family member who is "just a family member" — with no formal appointment as nominee, guardian, or attorney — has no legal authority to make decisions on behalf of an adult participant or to access the participant's information without the participant's consent. This distinction is critical for providers to understand and communicate.
Family Involvement in Support Planning
When a participant wants their family involved in support planning, providers should welcome and facilitate that involvement. Family members often have invaluable knowledge about the participant's history, preferences, routines, and communication styles that can significantly improve the quality of supports.
How to Involve Families Constructively
- Ask the participant first — always start by asking the participant who they would like involved in their support planning. Never assume that family involvement is wanted or appropriate.
- Clarify the scope — establish with the participant what information can be shared with family members and what areas of support planning they want family input on. Some participants may want family involved in some aspects but not others.
- Invite to planning meetings — where the participant consents, invite family members to support plan meetings, reviews, and goal-setting discussions.
- Seek family perspectives — ask family members about the participant's strengths, interests, and preferences. Their insights can complement what the participant shares directly.
- Keep the participant central — even when family members are present, direct questions to the participant first. Use the participant's name, make eye contact with the participant, and ensure the participant's voice is not drowned out by more vocal family members.
Families of SIL Participants
For SIL participants, family involvement has particular nuances. Many SIL participants have moved out of the family home, and the transition to living independently (or semi-independently) in a SIL house is a significant life change for both the participant and their family. Families may have strong opinions about the participant's living arrangements, housemates, daily routines, and activities. Providers must navigate these opinions while keeping the participant's preferences at the centre.
Common areas where family involvement in SIL requires careful management include decisions about the participant's diet, visitors to the SIL house, overnight stays away from the house, spending of personal money, and the participant's social and romantic relationships. In each case, the provider's primary obligation is to the participant — not to the family member's wishes.
Carer-Specific NDIS Supports
While the NDIS is a participant-centred scheme, it recognises that supporting informal carers is often essential to supporting the participant. Carer-related supports are funded through the participant's plan (not a separate carer plan) and must be reasonable and necessary for the participant.
Respite (Short-Term Accommodation)
Respite — formally called "Short-Term Accommodation and Assistance" (STA) under the NDIS — provides the participant with support in an alternative setting while their regular carer takes a break. STA can be funded for up to 28 days per year in a participant's plan (though this can vary). It benefits both the participant (who gets a change of environment and new experiences) and the carer (who gets time to rest and attend to their own needs).
Carer Training and Capacity Building
NDIS plans can include funding for training carers to better support the participant. This might include training on manual handling, communication strategies, behaviour support approaches, or specific health management techniques. The training must be linked to the participant's support needs — it cannot be general personal development for the carer.
Support Coordination
Support coordinators often work closely with families to help coordinate the participant's supports, navigate the NDIS system, and connect with mainstream services. For families who are new to the NDIS or who are managing complex support arrangements, the support coordinator can be a critical point of contact.
Carer Gateway
The Carer Gateway (1800 422 737) is a separate Australian Government programme that provides supports directly to carers — including counselling, peer support, skills training, respite, and emergency support. Providers should be aware of the Carer Gateway and inform families about it, as it operates independently of the NDIS and can provide additional support that NDIS funding does not cover.
Maintaining Professional Boundaries with Families
Professional boundaries with families are essential for protecting the participant's rights, the worker's professional standing, and the provider's compliance position. Boundary issues with families are among the most common challenges support workers face — and among the most commonly identified concerns in NDIS quality audits.
Key Boundary Principles
- The participant is the primary client — not the family. All support decisions must be centred on what the participant wants and needs, not what the family wants the provider to do.
- Personal relationships with family members must remain professional — support workers should not socialise with family members outside of work, accept significant gifts, provide personal contact details, or connect on social media.
- Support workers are not family therapists — if a family is experiencing relationship difficulties, the support worker should encourage them to seek appropriate professional support. The support worker's role is to support the participant, not to mediate family disputes.
- Family requests do not override participant choices — if a family member asks the support worker to prevent the participant from doing something the participant wants to do (eating certain foods, going to certain places, seeing certain people), the support worker must follow the participant's wishes unless there is a genuine safety concern covered by the provider's risk management framework.
Boundary Scenarios for Staff Training
Include the following scenarios in staff training to help workers navigate common boundary challenges:
- A family member asks you to call them after every shift to report what the participant did — but the participant has not consented to this information sharing
- A family member gives you a $100 gift card at Christmas and asks you to keep it between you
- A parent asks you to stop their adult child from going out at night because they worry about safety
- A family member confides in you about their own mental health struggles and asks for your advice
- A family member contacts you on your personal mobile and asks to meet for coffee to discuss the participant
In each scenario, the correct response involves maintaining the professional relationship, redirecting to appropriate channels, and documenting the interaction. Your Professional Boundaries Policy should provide clear guidance for workers in these situations.
Communicating with Families
Effective communication with families requires balancing openness and engagement with the participant's right to privacy. Providers should establish clear communication protocols at the outset of the service relationship.
Establishing Communication Preferences
At onboarding, discuss with the participant:
- Who can the provider communicate with about the participant's supports?
- What information can be shared? (Some participants may consent to sharing general updates but not specific health or behavioural information)
- How should communication occur? (Phone calls, emails, written letters, face-to-face meetings)
- How often? (After every shift, weekly, monthly, only when issues arise)
Document these preferences in the participant's file and ensure all staff are aware of them. This prevents well-meaning but unauthorised information sharing by individual support workers.
Family Communication Best Practices
- Use a consistent point of contact (coordinator or team leader) rather than having individual support workers communicate directly with families
- Keep communications factual and focused on the participant's supports and goals
- Document all significant communications with family members, including phone calls (record the date, who participated, what was discussed, and any decisions made)
- Use respectful, professional language — avoid jargon and ensure families understand the information being shared
- When delivering difficult news (incidents, behavioural concerns, changes in support), do so sensitively but honestly, and follow up in writing
Information Sharing and Privacy
Information sharing with families is one of the highest-risk areas for NDIS providers from a privacy and compliance perspective. The Privacy Act 1988 and NDIS Practice Standard Outcome 1.3 both require that personal information about participants is only shared with consent or as required by law.
What Requires Consent
- Sharing progress notes, reports, or assessments with family members
- Discussing the participant's health, behaviour, or activities with family members
- Providing family members with updates about the participant's day or shift activities
- Sharing the participant's location or whereabouts with family members
What Does Not Require Consent
- Sharing information with a formally appointed guardian within the scope of their guardianship order
- Sharing information with an NDIS nominee within the scope of their appointment
- Disclosing information as required by law (e.g., mandatory reporting of suspected abuse)
- Sharing information to prevent a serious threat to the participant's or another person's life, health, or safety
Providers should use a Consent to Share Information form (Document 30 in the SIL Rescue Kit) that specifies each person or organisation the participant consents to sharing with, what information can be shared, and for what purpose. This form should be reviewed at least annually.
Privacy and Consent Documentation
The SIL Rescue Kit includes a Privacy Policy (Document 06), Privacy Notice (Document 56), Consent to Collect Information (Document 29), and Consent to Share Information (Document 30) — all mapped to the Privacy Act 1988 and NDIS Practice Standards.
Get the SIL Rescue Kit — $297When Families and Participants Disagree
Disagreements between participants and their families are common and can place providers in difficult positions. The provider's role is not to take sides but to ensure the participant's rights are upheld while maintaining respectful relationships with families.
Common Disagreement Areas
- The participant's choice of activities or outings
- The participant's diet and eating habits
- The participant's romantic or sexual relationships
- How the participant spends their personal money
- The participant's decision to take risks (dignity of risk)
- The participant's desire for more independence or reduced family involvement
How Providers Should Respond
- Listen to both perspectives — acknowledge the family member's concerns and the participant's wishes
- Refer to the participant's rights — explain that under the NDIS, the participant has the right to make decisions about their own life
- Assess for genuine safety concerns — if the family's concern relates to actual safety (not just discomfort with the participant's choices), follow your risk assessment process
- Support the participant's decision — unless there is a legally appointed guardian with authority for the specific decision, support the participant's choice
- Document the disagreement — record what each party said, what information was provided, and the outcome
- Offer to facilitate a conversation — if appropriate, offer to facilitate a meeting between the participant and their family, with support from the participant's support coordinator if available
Building Family-Inclusive Practice
Family-inclusive practice means systematically considering the role of families in service delivery — not just when problems arise, but as an ongoing part of person-centred support. Here are practical strategies for building family-inclusive practice into your organisation.
At Onboarding
- Ask about family relationships and their significance to the participant
- Identify key family members and their roles (informal carer, guardian, nominee, etc.)
- Establish communication preferences and consent for information sharing
- Provide families with information about the provider's services, complaints process, and the NDIS Commission
In Support Planning
- Include family context in the support plan (where the participant consents)
- Consider how the participant's goals relate to their family relationships
- Plan supports that complement (not replace) informal caring arrangements
- Identify any family training needs that could benefit the participant
In Daily Support Delivery
- Support workers should be aware of family relationships and their significance
- Facilitate family contact (phone calls, visits) where the participant wants this
- Record family interactions in progress notes where relevant to the participant's goals and wellbeing
- Report any concerns about family relationships (including potential abuse or neglect) through the provider's safeguarding process
In Reviews and Transitions
- Invite family members to support plan reviews (with participant consent)
- Seek family feedback about the quality of supports
- Involve families in transition planning when supports are changing
- Inform families of their right to provide feedback or make complaints about the service
Documenting Family Interactions
All significant interactions with family members should be documented. This protects the participant, the provider, and the family members involved. Documentation should be factual, professional, and stored in the participant's file.
What to Document
- Family involvement in support planning meetings (who attended, what was discussed, what was agreed)
- Phone calls or emails from family members about the participant's supports
- Disagreements between the participant and family members about support decisions
- Requests from family members for information (and whether the participant consented to the disclosure)
- Concerns raised by family members about the participant's safety or wellbeing
- Concerns raised about family members (including potential VANED) through the safeguarding process
- Family contact during shifts (visits, phone calls) that are relevant to the participant's goals or wellbeing
When documenting family interactions in progress notes, keep the focus on how the interaction relates to the participant's supports and goals. Avoid recording family members' personal opinions or grievances unless they are directly relevant to the participant's care. The Notes Rewriter can help ensure your documentation stays focused, factual, and compliant.
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.