Last week ABC’s Four Corners focused on the findings of a crowd sourced investigation revealing that better regulation was required by the NDIS Quality and Safeguard Commission (NDIS Commission) to protect vulnerable people living with disability.
The investigation involved submissions of hundreds of NDIS participants, families and workers. The findings revealed deeply concerning practices in the way that vulnerable people were essentially being used for their funding.
The investigation has sparked public interest for more effective action by the NDIS Commission to regulate providers.
NDIS Commission
The primary duty of the NDIS Commission is to oversee the quality and safety of NDIS supports and services by registering and regulating NDIS providers and workers.
The NDIS Commission also:
- monitors compliance with the NDIS Practice Standards and NDIS Code of Conduct
- responds to concerns, complaints and reportable incidents
- advises providers on in-house complaints management and supports participants to make a complaint
- advises providers on incident management systems and how to report serious incidents to the NDIS Commission
- works with people with disability, NDIS providers and workers to improve their skills and knowledge
- monitors the use of restrictive practices and educates providers and participants about behaviour support strategies
- works with states and territories to design and implement nationally consistent NDIS worker screening
- provides market oversight by monitoring changes in the market that need attention
- shares information with other regulatory bodies
The role of the NDIS Commission is separate to the National Disability Insurance Agency (NDIA) which coordinates the provision of individualised plans, coordinates services bookings, payments and access to plans for providers.
Powers of the NDIS Commission
The NDIS Commission has extensive regulatory powers to carry out its functions and responsibilities.
This includes broad powers to investigate complaints and reports of non-compliance and any matters relating to NDIS providers and workers.
When investigating such matters, the NDIS Commission may speak to involved parties or request them to provide relevant information or documents to a matter being investigated. The NDIS Commission may also use coercive powers to require a person by notice to provide essential information or documents to ensure the integrity of the NDIS. It is an offence to refuse of fail to comply with such a notice, unless a person has a reasonable excuse such as incriminating an individual or exposing the individual to a penalty.
Where providers or workers fall short of their requirements, the NDIS Commission may take educative, corrective or enforcement action in response. It may impose fines and sanctions and in more serious cases ban workers, de-register providers and seek civil penalties.
There are a number of ways the NDIS Commission may decide to investigate a matter
Any individual, including an NDIS participant, their family and support networks can make a complaint to the NDIS Commission arising out of or in connection with the provision of supports and services by an NDIS provider, whether the provider is registered or not.
The NDIS Commission may decide to initiate their own investigation if there are suspected issues with the services provided to an NDIS participant. The types of matters that the NDIS Commission may investigate include:
- whether a registered NDIS provider is complying with the conditions of their registration
- whether an NDIS provider, or person employed or otherwise engaged is complying with the NDIS Code of Conduct
- whether a registered NDIS provider is complying with the NDIS Practice Standards
- whether a person is subject to a banning order, whether the person is providing supports or services in contravention of that order
Registered providers are also required to report certain types of incidents to the NDIS Commission which may prompt further investigation or action.
With increased attention on the NDIS Commission to regulate, NDIS providers and workers must take steps to educate and ensure that they are compliant with NDIS regulations and requirements.
How we can help?
Russell Kennedy are leaders in regulatory compliance in disability services and can assist providers to meet obligations and respond to investigations. Contact Victor Harcourt, Gareth Kerr or another member of our team if you require assistance.
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