NDIS banning orders: See who has been added to the list in 2023

So far this year 50 people and businesses have been slapped with banning orders preventing them from working in the NDIS. See who they are.

EXCLUSIVE

A carer looking after a young Aboriginal woman who died after being placed in a hot bath, is one of 50 people to be banned from working in the NDIS this year.

Sandra Kennedy, from Orange in NSW, was working for NDIS provider LiveBetter, when her client Kyah Lucas, 28, who was non verbal and had a sensitive skin condition, died of complications from burns from bath water “likely in excess of 50 degrees centigrade”.

The details were in papers filed to the federal court by the watchdog in relation to civil proceedings against LiveBetter.

The papers allege that LiveBetter had not provided the staff involved with “any formal training on the risks associated with bathing a vulnerable person or on the appropriate temperature for bathing a vulnerable person”, and “had not conducted any formal or specific risk assessments in relation to the bathing of Ms Lucas”.

There were also no formal or specific staff competency assessments or training regarding the bathing of Ms Lucas.

Ms Kennedy was slapped with a banning order on February 13 prohibiting her from working with disabled clients for three years. She has not been charged with any wrongdoing in relation to the incident. She was approached for comment.

Some of those who have been named on the NDIS banned list – the bans vary in nature, length and arise from a range of conduct – are working in other care industries, with their employers or clients having no idea.

Jonathan Nguyen has been permanently banned from working in the NDIS. Supplied

While being placed on the NDIS ban list does not prohibit them from doing this, a government source said it was well known that carers moved between the sectors.

One shocked aged care provider said they only discovered one of their employees, Jonathan Nguyen, from Brisbane, had been banned by the NDIS watchdog on May 19 after we approached them for comment.

The banning order says he can no longer provide “NDIS funded supports or services to people with disability”.

This week he was stood down from his job as an aged care co-ordinator at health and aged care provider St Vincent’s Health Australia in Queensland.

“We had not received any information about the person’s NDIS banning order until notified by the media,” a spokesman for St Vincent’s said.

“Nevertheless, reflecting the seriousness with which we treat this matter, St Vincent’s has acted immediately upon being made aware of this information and stood the employee down while we investigate further.”

The spokesman said Mr Nguyen was not providing direct care to elderly people. It is not suggested that Mr Nguyen was working in contravention of his banning order, merely that his employer was not aware of the order. Mr Nguyen did not respond to our request for comment.

Minister for the National Disability Insurance Scheme and Government Services, Bill Shorten. Picture: Lyndon Mechielsen/Courier Mail

A spokesman for NDIS Minister Bill Shorten said he was “determined to hunt down dodgy NDIS providers who abuse and exploit Australians with disability and eradicate them from the NDIS”.

“And if somebody has proved they can’t be trusted to care for vulnerable NDIS participants, Minister Shorten wants to raise the alarm to warn vulnerable Australians in other parts of the community,” Mr Shorten’s spokesman said.

Other workers banned this year include mother-of-two Berivan Khalil, from Sydney, who the NDIS Quality and Safeguards Commission claimed failed to act “with integrity, honesty and transparency”, provided “falsified and inappropriate claims for payment to the NDIS”, as well as engaged in “threatening behaviour towards NDIS participants, which had serious adverse effect on NDIS participants’ wellbeing”.

Berivan Khalil, has been placed on the NDIS banned list. Supplied

She was given a banning order on March 13, along with Hawre Khalil, also from Sydney, who was banned on the same day for a period of two years. The bans prohibit them from being involved in the provision of NDIS supports or services to people with disabilities. Both are linked to AlliedHealth Cleaning Services Pty Ltd.

They were approached for comment. They have not been charged with any wrongdoing.

Paul Tilbury has been permanently banned from working in the NDIS sector. Supplied

Paul Tilbury, describes himself as a respectable industry expert from Adelaide and “one of the best compliance and accreditation specialists in Australia”, although the watchdog banned him for life on April 3 for allegedly failing “to act with integrity, honesty and transparency” and making falsified claims and inappropriate claims for payment to the NDIS on behalf of a registered NDIS provider.

He previously advertised himself as an NDIS consultant.

His company Person Centred Training Pty Ltd was also given a banning order and prohibited from engaging in any activities related to the management of NDIS plan funds.

The company lists aged care as an industry it can advise on. It is not suggested that Mr Tilbury or his company are currently operating in contravention of their respective bans.

Mr Tilbury did not respond to our request for comment. He has not been charged with any wrongdoing.

Andrea Cooper from Darwin has been banned from working in the NDIS for five years. Picture: Supplied

Andrea Cooper, of Darwin, in the NT, was banned from providing disability support services to NDIS participants, amongst other things, for five years from May 10.

The ex-managing director of New Chapters, New Beginnings was found to be “not suitable to provide supports or services to people with disability”.

Sarah Michael Leen Manyok Thiak, from Kurunjang, Victoria, director of Millennium Disability Care Pty Ltd, and five associated entities and individuals were issued banning orders.

The company was issued a permanent ban for conduct involving the submission of falsified and inappropriate claims for payment to the NDIS for services not delivered.

Millennium Disability Care Pty Ltd’s registration has also been revoked. Ms Thiak, her company and her associates have not been charged with any wrongdoing.

In the latest budget the Albanese Labor Government invested over $140 million in the NDIS Quality and Safeguards Commission, to give the watchdog the resources it needs to better protect vulnerable Australians.