Banned NDIS provider allegedly still operating faces $300k fine

A Queensland NDIS provider has been raided over allegations it was still operating despite being banned in 2022, with the owner facing a $300,000 fine and Federal Court injunction.

A Qld NDIS provider is facing a $300,000 fine.

A Bundaberg NDIS provider has been raided over allegations it was still operating despite being banned in 2022, with the owner facing a $300,000 fine and Federal Court injunction.

The business was banned after multiple breaches of the NDIS Code of Conduct, including coercion and neglect of NDIS participants, and charging for services not provided. The raid on November 26 was prompted by a tip-off that the business was continuing to operate in contravention of the banning order.

As a result of the search warrant on the business owner’s residence, mobile phones, a laptop and key documents were seized.

The raid was carried out by investigators from the NDIS Quality and Safeguards Commission and digital forensics experts from Services Australia.

NDIS Minister Bill Shorten said the rigorous investigation into the business reflected the NDIS Commission’s strengthened focus on compliance and enforcement.

“The compliance action the NDIS Commission takes against providers who do the wrong thing must be taken seriously,” Mr Shorten said.

“The Australian government is deeply committed to protecting the rights of people with disability and has strengthened the NDIS Commission’s powers to pursue any businesses found to be putting the safety and wellbeing of people with disability at-risk.”

NDIS Commissioner Louise Glanville said providers who operate despite contravening banning orders faced penalties of $330,000 for individuals and $1.6m for companies, if the allegations were proven.

“Based on the evidence we’ve gathered, I may now consider commencing civil penalty proceedings against this business owner,” she said.

“I may also apply to the Federal Court for an injunction to enforce the banning order, which could see the business owner go to jail if they continue to breach the ban.”

Proposed NDIS Act amendments, currently in the consultation phase, propose new criminal offences to deter breaches of the NDIS Act, including failing to comply with a banning order.

According to the NDIS Commission’s latest annual report, it is removing up to three people with a disability per day from situations where there were fears they could be at risk of abuse, neglect, assault and homelessness.

The number of complaints and reportable incidents nationally were up 78 per cent compared with the previous 12 months, to a total of 111,345.