3 Legal Mistakes to Avoid When Writing NDIS Job Ads

Will, EnableUs Community

Hey everyone, welcome back to the EnableUs Community Podcast. I’m Will, and I’m here with Winter. Today, we’re diving into something that sounds simple but can get real messy if you’re not careful—writing job ads for NDIS roles. And, yeah, we’re talking about the legal side of things, which, I know, isn’t the most exciting, but trust me, it’s super important.

Winter, EnableUs Community

Absolutely, Will. I think a lot of people assume job ads are just about selling the role, but for NDIS providers, there’s a whole extra layer of compliance. If you get the wording wrong, you could end up with an anti-discrimination complaint or even a Fair Work issue. It’s not just about attracting talent—it’s about protecting your business, too.

Will, EnableUs Community

Yeah, and I’ve actually seen this play out. I met a provider a while back—won’t name names, obviously—but they put out an ad that said something like “seeking a young and energetic support worker.” They thought it sounded positive, but someone called them out for age discrimination. It turned into a formal complaint, and they had to pull the ad, review all their processes, and it was just a massive headache. It’s so easy to slip up with phrases like “mature female only” or “must be physically strong.” Even if you don’t mean any harm, it can land you in hot water.

Winter, EnableUs Community

Exactly. And it’s not just about age or gender, either. The Disability Discrimination Act, Age Discrimination Act, and Sex Discrimination Act all come into play. Even something like “must be physically strong” can be problematic if it’s not actually an inherent requirement of the job. Instead, you want to focus on what the role actually involves—like “assisting with physical transfers and personal care”—rather than personal characteristics.

Will, EnableUs Community

And if you do have a genuine need for, say, a female worker because a participant requests same-gender support, you’ve gotta reference the legal exemption, like Section 30 of the Sex Discrimination Act. Otherwise, you’re just opening yourself up to risk. So, yeah, it’s not just about what you want in a candidate—it’s about how you say it, and making sure you’re not accidentally excluding people who could do the job well.

Winter, EnableUs Community

So, building on that, let’s talk about qualifications. This is where a lot of providers get tripped up. It’s tempting to write “must have Cert IV in Disability Services” or “degree essential,” but unless it’s actually required by law or the NDIS Practice Standards, you could be excluding great candidates—and, honestly, putting yourself at risk of a discrimination claim.

Will, EnableUs Community

Yeah, and I think people forget that experience can be just as valuable as a formal qualification. If you say “Cert III or above in Community Services preferred,” you’re opening the door to people who might have heaps of hands-on experience but didn’t go the traditional route. It’s about being flexible where you can, right?

Winter, EnableUs Community

Exactly. I actually went through this with a provider I worked with last year. Their ads were super rigid—like, “must have X, Y, and Z”—and they were struggling to fill roles. We rewrote the ads to use more neutral, inclusive language, like “relevant experience or qualifications will be highly regarded.” Suddenly, they had a much broader pool of applicants, and some of the best hires didn’t have the exact qualification but brought so much value to the team.

Will, EnableUs Community

That’s such a good point. And, just to add, it’s worth checking your NDIS registration groups and the Practice Standards to see what’s actually required for each role. Sometimes you do need a specific qualification, but a lot of the time, you can be more flexible. And that flexibility can make a huge difference in who applies.

Winter, EnableUs Community

And it’s not just about compliance—it’s about building a more diverse, capable team. If you’re too narrow, you miss out on people who might be a perfect fit for your culture or have lived experience that’s really valuable. So, yeah, keep your language open and focus on what’s truly essential for the role.

Will, EnableUs Community

Alright, so we’ve covered what not to say and how to keep things inclusive, but there’s one more piece—compliance. This is where a lot of job ads fall short, and it can come back to bite you during an audit. You’ve gotta include the essentials: NDIS Worker Screening, First Aid, Police Check, and the NDIS Code of Conduct. If you leave these out, you risk hiring someone who isn’t eligible, and that’s a big problem.

Winter, EnableUs Community

Yeah, and it’s not just about ticking boxes. Being clear about compliance requirements up front sets expectations for candidates and protects your organisation. I always recommend developing a standard job ad template that includes all the must-haves—like “NDIS Worker Screening Check required,” “First Aid certificate and Police Check required or willingness to obtain,” and “all staff must follow the NDIS Code of Conduct.”

Will, EnableUs Community

I remember hearing about a provider who failed an audit because their job ads didn’t mention the NDIS Worker Screening or Police Check. They’d assumed everyone knew it was required, but the auditors didn’t see it in the documentation, so it was flagged as a compliance issue. After that, they created a checklist and a template for every ad, and it’s saved them a lot of stress since.

Winter, EnableUs Community

And don’t forget to include things like job type, location, and pay range if you can. It’s not just best practice—it helps candidates know what they’re signing up for, and it makes your recruitment process smoother. Plus, as we talked about in our episode on job descriptions, transparency is key for attracting the right people and keeping everything above board.

Will, EnableUs Community

Exactly. So, to wrap up, if you avoid those legal traps, use inclusive language, and make sure your compliance details are front and centre, you’re setting yourself up for success. And, honestly, you’ll save yourself a lot of headaches down the track.

Winter, EnableUs Community

That’s it for today’s episode. Thanks for tuning in, everyone. We’ll be back soon with more tips to help you build a strong, compliant NDIS team. Will, always a pleasure chatting with you.

Will, EnableUs Community

You too, Winter. Thanks everyone for listening, and we’ll catch you next time on the EnableUs Community Podcast. See ya!