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Managing Performance in Disability Care: Legal Considerations

Managing Performance in Disability Care: Legal Considerations

September 23, 2025

Supporting high standards in disability care requires fair and lawful performance management systems. But many providers risk claims by not following correct procedures.

1. Set Expectations Early

Begin with clear job descriptions, KPIs, and induction processes. Ensure every employee knows what “good performance” looks like in their role.

2. Document Underperformance

When concerns arise, document:

  • Specific incidents
  • Dates, times, and witnesses
  • Any informal discussions or coaching attempts

This protects both parties and supports transparency.

3. Fair Process Is Critical

Under the Fair Work Act, an employee must be given:

  • A chance to respond to concerns
  • Adequate support during meetings (e.g., a support person)
  • Time to improve their performance

Failing to follow due process may result in unfair dismissal claims.

4. Provide Training and Support

Underperformance may stem from confusion, insufficient training, or workload issues. Address these first before moving to warnings.

Need help setting up performance processes in your NDIS workforce? Book a call with Karen

Sources:
Fair Work Ombudsman: Managing underperformance
Fair Work Act 2009

Karen Ansen - Ignite HR
Karen Ansen - Ignite HR
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