In this article, we explore codes of conduct further: what makes a good code, and things to think about if you are drafting or reviewing.
NDIS Code of Conduct
The NDIS Code of Conduct is a core safeguard. It requires anyone delivering NDIS services to respect individual rights, protect privacy, act with integrity, provide services competently, raise concerns about safety and quality, and take reasonable steps to prevent abuse, neglect, exploitation, violence and sexual misconduct.
While the NDIS Code sets the minimum standard, organisations can – and should – build on it with their own tailored codes of conduct.
Benefits of a well-drafted code of conduct
A good code of conduct can help staff understand what’s expected when it comes to professional conduct, relationships, gifts, social media, confidentiality, and conflicts of interest. It supports them to make good decisions, gives them guidance when a situation is difficult or complex, and helps them recognise when it’s time to raise a concern or make a formal report.
Getting the balance right
Drafting a code of conduct can be a bit of a balancing act. It needs to be specific enough to provide clear guidance, yet broad enough to apply to a wide range of situations.
If a code of conduct is vague, workers may struggle to understand what is expected of them. However, if it is too detailed or prescriptive, it can unintentionally create gaps by limiting expectations to only the examples listed. This could be a problem if staff assume that behaviours not specifically mentioned are acceptable.
The best codes of conduct tend to describe the standard of behaviour required rather than creating long lists of permitted and prohibited actions.
A good code of conduct can serve to convey standards and principles of behaviour, while procedures, guidelines and work instructions can then provide more detailed examples of how those standards apply in practice.
This can help make sure your organisational code is concise, and remains responsive and relevant as services, technologies and risks change over time.
For example, a clause like:
“Employees must not accept cash gifts from participants.” is too specific. It focuses on one type of gift, potentially leaving uncertainty about non-cash gifts, discounts, free services, loans, hospitality or other benefits that could influence professional judgement. It may be better to state:
Employees must not accept gifts, favours or personal benefits from participants as it may compromise professional boundaries or create a conflict of interest.
Other things to consider
Ensure your code addresses key areas such as behaviours (harassment, discrimination, bullying, and retaliation; interactions with participants); safety and risk management; professional boundaries and conflicts of interest; use of technology; use of company assets; privacy and confidentiality; reporting requirements; and consequences for breaches.
Consider also whether the code reflects your organisational values, and aligns with NDIS requirements. A code of conduct should not simply describe what staff must not do; it can also define what good practice looks like.
Reflect on whether workers can easily understand and apply the code in real situations, so they understand how it applies to the decisions they make, the way they interact with participants, and how they respond to issues.
Consider whether your code provides sufficient guidance on areas where workers are most likely to face ethical dilemmas or boundary challenges e.g. gifts and benefits, dual relationships, extra services.
Finally, consider how the code of conduct is used in practice. The most effective codes of conduct are living documents that shape organisational culture and day-to-day actions and decision-making, rather than documents that are signed once and filed away. There should be regular discussions about professional boundaries within teams and there should be regular training on the code of conduct. These should draw on case scenarios and used to stimulate and normalise team discussions on boundaries.
Some questions worth asking when developing/reviewing your code of conduct
- Has it been developed with input from workers, not just management? Codes that reflect the real experience of people doing the work are more likely to be understood and followed
- Does it use plain language? Can workers at all levels understand it?
- Does it reflect current NDIS requirements and safeguarding expectations?
- Does it reflect learnings from incidents in your organisation? Have issues and gaps been addressed?
- Does it strike the right balance between being specific enough to provide clear guidance and broad enough to apply to a wide range of situations?
- Does it give practical, relevant guidance on professional boundaries? Could workers apply it in complex or difficult situations?
- Does it cover the situations workers are likely to encounter, including grey areas — personal relationships with participants, use of social media, accepting gifts, physical contact, and behaviour outside work hours
- Does it make obligations to raise concerns clear i.e. workers must report rather than workers can report concerns about potential breaches of the code?
- Is it reinforced and embedded? Are systems in place to make sure it is part of induction, and in regular supervision and training?
- Is it backed by accountability mechanisms including consequences for breaches and a process for responding to concerns?
- Do workers, participants and families know the behavioural standards expected of workers?