NDIS Provider Registration Rules
Registered provider duties in the NDIS Act (ss 73K to 73ZNA)
s73ZBA-73ZC 73ZBA and 73ZC Protect disclosers: keep identity confidential and prohibit victimisation
Clause and reference ss 73ZBA and 73ZC of the NDIS (Provider Registration and Practice Standards) Rules 2018 · our reference s73ZBA-73ZC
The requirement
Workers, contractors, participants, nominees, families, carers and advocates who report a suspected contravention of the NDIS Act to the Commissioner, the Agency or the provider's key personnel or partners on reasonable grounds are protected (s 73ZA). No one may disclose the discloser's identity or information likely to identify them except as s 73ZBA(2) authorises (Commissioner, Agency, police, legal advice, consent, serious threat to safety, courts, complaint handling) (civil penalty 30 penalty units), and no one may cause or threaten detriment because of a protected disclosure (s 73ZC; civil penalty up to 10,000 penalty units for a serious contravention by an NDIS provider, otherwise 500), with a right to compensation (s 73ZD).
Our wording of the requirement: our statement of what the clause asks, not the instrument verbatim. Source: NDIS Provider Registration Rules on the compliance desk.
The evidence to bring
- Whistleblower policy covering who is protected, recipients, confidentiality and anti-victimisation
- Restricted-access register of protected disclosures
- Training for key personnel who may receive disclosures
What assessors commonly find
- Discloser identity shared with the manager being complained about
- Roster cuts or contract termination after a worker reports to the Commission
What evidence do I need?
For s73ZBA-73ZC 73ZBA and 73ZC Protect disclosers: keep identity confidential and prohibit, the evidence to bring is: Whistleblower policy covering who is protected, recipients, confidentiality and anti-victimisation; Restricted-access register of protected disclosures. Keep every record dated, signed and current, and name who owns it.
Answer the reviewer first
Show me whistleblower policy covering who is protected, recipients, confidentiality and anti-victimisation, and tell me who owns it and when it was last reviewed.
That is the question a quality assessor opens with for this requirement. Have the record on the desk and the date it was last reviewed to hand.
Read your own evidence against this clause
Paste your policy or evidence pack and the reading marks, line by line, whether a phrase from this requirement appears and quotes your own words when it does. It is a reading of your text, not a compliance result; a quality assessor decides whether a requirement is met. Read your pack, free See the paid reading