Sleepover shifts

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Key points

  • A sleepover shift is when a worker is required to sleep overnight at a participant’s home. The span for a sleepover is a continuous period of eight hours.

  • NDIS pricing arrangements provide for up to two hours of active NDIS supports for a participant within the eight-hour sleepover shift. This is where a worker is woken up during the sleepover to provide support to the participant. 

  • The Social, Community, Home Care and Disability Services (SCHADS) Award determines the amount a worker is paid for a sleepover shift, and the amount they are paid if they are required to perform work during the sleepover.

  • A sleepover and the hours worked before or after the sleepover are counted as one continuous shift.

  • Sleepover shifts are different to active overnight supports, which is where workers are awake during normal sleeping hours to provide supports to a participant due to their disability.

  • NDIS providers and NDIS participants engaging their own workers have a duty to ensure a safe working environment for workers, as far as is reasonably practicable, during a sleepover shift.

This information is also available in a downloadable format – Worker alert: Sleepover shifts.

About sleepover shifts

Under the Social, Community, Home Care and Disability Services (SCHADS) Award, a sleepover shift is when a worker is required to sleep overnight at a participant’s premises. The span for a sleepover is a continuous period of eight hours. Premises can include a group home or a private home. 

If a worker is required to provide support during a sleepover shift, the pay rate is defined in the SCHADS Award. The Fair Work Ombudsman has guidance about how SCHADS works. The NDIS Pricing Arrangements and Price Limits (PAPL) helps providers and participants to understand NDIS pricing for this support.

  • Under the PAPL, sleepover shifts are referred to as Night-Time Sleepover Supports. A Night-Time Sleepover Support is any support delivered to a participant on a weekday, a Saturday, a Sunday or a Public Holiday that:

    • commences before midnight on a day and finishes after midnight on that day. 

    • is for a continuous period of eight hours or more.

  • In the PAPL, the support item for sleepover shifts provides a participant with assistance with, or supervision of, personal tasks of daily life where overnight support is needed, but the caregiver can sleep when not required to provide support.

This support item in the PAPL includes up to two hours of active supports provided to the participant for the duration of the period. Providers may claim for the third or additional hour at Saturday rates on weekdays, or at applicable rates on other days (Saturdays, Sundays or Public Holidays).

  • The SCHADS Award requires that workers on sleepovers who perform work during the sleepover period are paid for the time worked at the prescribed overtime rate with a minimum payment as for one hour worked. Where that work exceeds one hour, workers are paid the prescribed overtime rate for the duration of the work.

Sleepover shifts should not be confused with active overnight supports, which are funded for participants who require more than two hours of support overnight. In addition, a sleepover is different to a 24-hour care shift or an excursion under the SCHADS Award. 

Disruptions during a sleepover shift

If a participant’s needs change and workers are required to be awake for more than two hours a night, providers should contact the National Disability Insurance Agency (NDIA) to talk about whether there is a need to change the amount of supported independent living in their plan.

If workers have concerns around their workplace rights and obligations, they can also contact the Fair Work Ombudsman (FWO) who offer free information and advice on pay, conditions, and workplace rights and obligations. 

It is also important to monitor sleeping patterns of participants. If participants are waking up regularly during the night or experiencing unexpected changes in their sleeping patterns, the provider must work with professionals such as an occupational therapist for review and conversion to active night supports. 

Where a participant has behaviour support needs during a sleepover shift, workers will respond to those needs and implement the person-centred, proactive, and evidence-informed strategies as outlined in their behaviour support plan. If these strategies are inadequate or less effective at night, or there's a change in the participant’s needs or circumstances, the provider should give this information to the participant’s NDIS behaviour support practitioner.

Where a worker is supporting a participant who may have behaviour support needs, providers are required to:

  • respond appropriately and in a timely way to concerns raised by workers

  • have systems and procedures that provide a safe, predictable and stable environment 

  • be aware of environmental aspects that may pose risk factors 

  • provide staff with reasonable supports and adaptations to understand a Behaviour Support Plan and follow it correctly.

Where a participant doesn't have a Behaviour Support Plan, the provider should:

  • take steps to minimise any identified risk of harm

  • document the changes in behaviour 

  • work with the participant’s support team to find ways to best support the person. 

This may involve supporting the participant to have a health check and/or engaging a specialist behaviour support provider to undertake a behaviour support assessment and develop a Behaviour Support plan. Information for providers and workers to assist with supporting good sleep can be found at the end of this resource. 

Obligations under NDIS legislation

  • Quality and safety obligations are set out in the NDIS Code of Conduct (the Code), and the NDIS Practice Standards. The NDIS Quality and Safeguards Commission (NDIS Commission) has developed guidelines to assist workers to understand the code: NDIS Code of Conduct for workers.

  • The Code promotes safe and ethical service delivery by setting out expectations for provider and worker conduct.

  • For sleepover shifts in NDIS settings, providers and workers must follow all requirements of the Code, including:

    • Providing supports and services in a safe and competent manner with care and skill. This includes complying with work health and safety laws. 

    • Promptly taking steps to raise and act on concerns about matters that might have an impact on the quality and safety of supports provided to people with disability.

    • Taking all reasonable steps to prevent and respond to all forms of violence, exploitation, neglect and abuse of people with disability.

  • The NDIS Practice Standards specify the quality standards that registered providers need to meet when supporting NDIS participants. 

  • The Practice Standards state that registered providers need to identify and manage risks to participants and workers. This includes work health and safety (WHS) risks. 

  • A risk management system is an important tool providers use to manage the risks they have identified. The system should be relevant and proportionate to the:

    •  size and scale of the provider 

    • scope and complexity of the provider's supports or services.

WHS obligations for NDIS providers 

NDIS providers who directly engage their workers are considered a Person Conducting a Business or Undertaking (PCBU) under Safe Work Australia’s harmonised model WHS laws. These laws directly inform Commonwealth and State and Territory WHS laws. The term PCBU is not used in Victoria, however there are similar duties and responsibilities under the Victorian Occupational Health and Safety Act 2004.

  • A PCBU has a primary duty to ensure the health and safety of workers while they are at work and others who may be affected by the carrying out of work. 

  • NDIS providers have a duty to ensure a safe working environment for workers during a sleepover shift, as far as is reasonably practicable. 

For a sleepover shift, providers must ensure workers have safe working conditions, including an appropriate place to sleep during the shift. Clause 25.7(c) of the SCHADS Award states that employees will be provided with: 

  • a separate room with a bed and clean linen
  • the use of appropriate facilities like food preparation areas and staff facilities (where these exist)
  • free board and lodging for each night when the worker sleeps over.

Providers must also have strategies in place to manage fatigue. Safe Work Australia defines fatigue as mental and/or physical exhaustion that reduces the ability to perform work safely and effectively. The risk of fatigue must also be considered for workers who may have multiple work engagements.

WHS requirements in NDIS legislation

Under the NDIS Code of Conduct, employers such as NDIS providers, are required to provide and maintain a working environment that is safe and free of risks to health, so far as is reasonably practicable.

The Code of Conduct requires NDIS providers to provide and maintain a safe working environment, and to deliver services in a safe and competent manner. If a provider doesn’t properly manage fatigue, it poses a risk to the safety of both workers and participants and could breach this section of the Code of Conduct.

The NDIS Practice Standards specify the quality standards that registered NDIS providers need to meet to maintain their registration. The standards apply to providers that support NDIS participants during sleepover shifts. Examples of Practice Standards that support worker safety include: 

  • Risk management, including identification and management of WHS risks

  • Strategic and business planning requirements that consider worker needs

  • Worker access to participant information and support plans

  • Worker supervision, training, qualifications and competence

  • Consultation with workers in relation to incident management processes and 

  • Provider obligations to keep records of worker’s secondary employment.

WHS obligations for workers

Providers are primarily responsible for a worker’s health and safety, but workers also need to take reasonable care for their own health and safety and make sure they do not affect the health or safety of others. This includes managing fatigue during a sleepover shift. 

SafeWork Australia offer a list of strategies to help manage fatigue for workers, including:

  • Complying with organisational policies and procedures relating to fatigue.

  • Understanding sleep, rest and recovery needs and getting enough rest and sleep away from work.

  • Seeking medical advice and assistance if concerned about a health condition that affects sleep or causes fatigue.

  • Self-assessment of fitness before commencing work.

  • Talking to a supervisor or manager if it's likely that fatigue could create a health and safety risk.

  • Looking out for signs of fatigue in others.

  • Working with supervisors to manage fatigue by:

    • taking a break

    • maintaining hydration (drinking water)

    • undertaking physical exercise

    • talking to a supervisor if experiencing fatigue.

  • Using suitable commuting and accommodation options, such as avoiding driving if fatigued.

Workers rostered for a sleepover shift can expect to sleep during the shift and resume duty fully rested. The worker can expect their provider to provide an environment conducive to sleeping that will be established and monitored by way of an agreed standard. 

WHS obligations for NDIS participants engaging their own workers

NDIS participants who engage their own workers may also be considered a PCBU under their relevant state or territory WHS laws, and have a duty to provide a safe working environment. According to SafeWork Australia, a PCBU needs to (as far as reasonably practicable):  

  • provide and maintain a safe work environment

  • provide and maintain safe systems of work

  • provide accessible and adequate facilities (for example, access to a sleeping area)

  • provide instruction, training, information, and supervision.

  • monitor workers' health and conditions at the workplace

  • maintain any accommodation owned or under their management and control to ensure the health and safety of workers using the accommodation. 

To assist with maintaining a safe home environment for a sleepover shift, a risk assessment can be used to identify and control common health and safety risks, including fatigue.  Example checklists from SafeWork NSW can be found at the end of this resource.

Case study – Bea from Boorloo, Western Australia

Bea is a young worker for a large disability provider, AABBCC Homes in Boorloo (Perth). They love working with participants and assisting with daily activities in group homes. AABBCC Homes staff work with Bea to look at the bedroom set up and what a good night’s sleep looks like for Bea. The staff also check the quality of the mattress, ensure the linens are clean and that the staff bedroom door has a lock so that Bea can sleep with the door locked if needed. 

AABBCC Homes residents are also informed on the arrangements for the sleepover shift. Previously, the three residents in the home made sure to use the two hours each sleepover shift from 10pm to midnight. They really wanted to maximise their time with Bea.

AABBCC Homes management explains that a sleepover shift means that Bea is available to assist during the night, but the expectation is that she will be sleeping during this time. For this reason, it's not appropriate to schedule the washing and drying of their laundry from 10pm to midnight, for example. However, Bea does set an alarm so that later that night she can assist with delivering medication at a set time. Bea also gets up during the night to assist one of the residents to use the bathroom and to return to bed. The management team explain that if Bea is consistently required to work on a sleepover, and is not getting enough sleep, they will work with participants and the NDIA to discuss whether active night supports are more appropriate or if other changes need to be implemented to better support participants during the night.

Setting expectations appropriately for the sleepover shift helps Bea get enough sleep to meet the requirements of her day shift and meets the needs of participants as well. 

Resources

Worker alert: Sleepover shifts

pdf 315KB Listen to PDF


NDIS Commission

  • Worker training modules and resources support NDIS workers to understand their obligations under the NDIS Code of Conduct and to better support people with disability. These resources include the following interactive e-learning modules:

    • Worker Orientation Module – 'Quality, Safety and You'

    • New Worker NDIS Induction Module

    • Supporting Effective Communication

    • Supporting safe and enjoyable meals.

  • NDIS Code of Conduct including The NDIS Code of Conduct for workers and the NDIS Code of Conduct for providers guidelines.

  • Violence against workers Resources to assist providers and workers support worker safety and wellbeing.

  • The complaints process Outlines the process for making and following up a complaint to the NDIS Commission.

  • Complaints about you Guidelines about effective complaint handling for all NDIS providers – registered or unregistered – to provide information about key principles and good practices for effective complaints management.

  • Incident management Provide information on the benefits of effective incident management, reportable incident obligations and timeframes, and incident management system requirements.

  • Positive Behaviour Support Capability Framework provides guidance to providers and behaviour support practitioners on the Positive Behaviour Support Capability Framework (the Framework), which focuses on the knowledge and skills that underpin contemporary evidence-based practice in positive behaviour support.

  • Policy Guidance: Working within your knowledge, skills, and experience Outlines the NDIS Commissioner’s expectations of NDIS providers, NDIS behaviour support practitioners, and all NDIS workers to work within their knowledge, skills, and experience; and to engage in continuing professional development.

Fair Work Ombudsman

NDIA

Resources on sleep support

Commonwealth, State and Territory WHS agencies 

SafeWork Australia

SafeWork NSW

WorkSafe Victoria

SafeWork SA

  • Primary duty of care Outlines the primary duty of care of the PCBU, as well as employer and worker WHS responsibilities.

WorkSafe Qld

WorkSafe Tasmania

WorkSafe WA

  • Fatigue Provides information on the characteristics of fatigue for workers.

  • Risk Management Code of Practice A tool for considering potential occupational safety and health hazard factors and risks from workplace/industry working hours arrangement.

  • PCBU Designed to help WA organisations and their associated workforces (including volunteers) understand WA’s WHS laws. Short video animations have been developed for use at workplace or toolbox meetings explaining what a PCBU.

WorkSafe ACT

WorkSafe NT

  • PCBU duties Identifies the primary duty of PCBUs to ensure workers and other people in your workplace are not exposed to psychosocial hazards and risks.

References

Fair Work Ombudsman. n.d. a. Sleepovers in the Social, Community, Home Care and Disability Services Award 

Fair Work Ombudsman. n.d. b. Pay for sleepovers in the Social, Community, Home Care & Disability Services Award

National Disability Insurance Agency. (2022).  Supported Independent Living Guideline, p. 12.

National Disability Insurance Agency. (2023). Guide to using the provider SIL roster of care tool, p. 11.

National Disability Insurance Agency. (2024) a. Supported Independent Living Roster of care submissions

National Disability Insurance Agency. (2024) b. Directly engaging your own staff, pp. 6-7.

NDIS Quality and Safeguards Commission (2019). Positive behaviour support capability framework: 

For NDIS providers and behaviour support practitioners, p. 24.

NDIS Quality and Safeguards Commission. (2023). a. Making a complaint

NDIS Quality and Safeguards Commission. (2023). b. Feedback and Complaints Policy, p. 4.

NDIS Quality and Safeguards Commission. (2024) a. Pricing arrangements and price limits 2024-2025, p. 17, pp. 39-40.

NDIS Quality and Safeguards Commission. (2024) b. NDIS Code of Conduct

NDIS Quality and Safeguards Commission (2024) c. NDIS Practice Standards and Quality indicators, pp. 7-11.

NDIS Quality and Safeguards Commission (2024) d. Policy Guidance: Working within your knowledge, 

skills, and experience, p. 1.

NDIS Quality and Safeguards Commission (2024) e. The complaints process

SafeWork Australia. n.d.a. Glossary

SafeWork Australia. n.d.b Fatigue

SafeWork Australia. n.d.c. WHS duties

SafeWork Australia. (2013). Fatigue-management-a-workers-guide, p. 2.

Safe Work Australia. (2020). Model WHS Act cross-comparison table

SafeWork NSW. n.d. a. Home Safety Risk Assessment

SafeWork NSW. n.d. b. Disability support

SafeWork NSW. n.d. c. Work health and safety guidance for NDIS participants

WorkSafe Victoria. (2022). Occupational health and safety - your legal duties

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