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Writer's pictureJonathan Shar

NDIS Quality and Safeguards Commission issuing record fines and banning orders

A strengthened NDIS Quality and Safeguards Commission (the NDIS Commission) is taking action against unscrupulous providers doing the wrong thing by NDIS participants and issuing a record number of fines at $4 million and penalties in 2023–24, which sees a six-fold increase on the previous year.

This crackdown is a direct result of the Albanese Government’s investment of $142.6 million in 2023-24 to bolster the NDIS Commission’s workforce from 595 to 1,036, an almost doubling in size.

In May 2024, the Albanese Government also committed an additional $160.7 million over 4 years to support the delivery of the Digital and Regulatory Transformation (DART) program to update systems to better collect, share and analyse data, to more effectively protect NDIS participants, and regulate providers and workers.

The funding boosts have given the NDIS watchdog the scope to tackle issues that put people with disability in harms way, while significantly improving trust so participants and the public feel confident their concerns will be heard and dealt with in a timely manner.

These improvements are reflected in the NDIS Commission’s 2023-24 Annual Report, which records the regulator’s year on year actions:

  • 111,345 complaints and reportable incidents, an increase of 78 per cent on the same period last year, with the most common issues raised provider practice, worker conduct and capability, and allegations of neglect or abuse;

  • issuing almost 35 per cent more banning orders;

  • distributing 160 per cent more compliance notices;

  • revoking 80 per cent more registrations the previous year; and

  • conducting two civil penalty proceedings during this period.

The Minister for the NDIS, the Hon. Bill Shorten MP, said the 2023-24 NDIS Commission Annual Report shows that more funding and more people on the ground is resulting in stronger action being taken against dodgy providers who are knowingly failing their obligations and putting the health, safety and welfare of people with disability at serious risk.

“This stronger approach works hand-in-hand with the NDIS Commission’s continued focus on safeguarding the human rights of NDIS participants and working proactively with providers to promote safe and quality practices,” Minister Shorten said.

“The NDIS Commission is receiving a growing number of complaints each year and prioritises the matters where the risk of harm, negligence or ongoing misconduct is high and aims to action all others with appropriate guidance and support.

“While most providers do their best to deliver quality supports and services to NDIS participants, fines, penalties and other compliance action are necessary deterrents for other providers who intentionally and repeatedly do the wrong thing.”

The number of infringement notices and warning letters issued by the NDIS watchdog also increased significantly in 2023-24 from the previous year.

The NDIS Commission actioned more than 1,300 matters in 2023–24, removing people with disability from the immediate risk of abuse, neglect, assault, homelessness, loss of supports and services, or other serious harm.

The report also reveals the outcome of the NDIS Commission’s Stakeholder Sentiment Survey which received 10,949 responses, with 83 per cent of people with disability and their representatives indicating they trust the NDIS Commission to support participants, carers and advocates if there are issues with NDIS services.

The 2023-24 Annual Report has been published on the NDIS Commission website.

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