NDIS Commission: Bans and compliance actions triple, as watchdog targets rogue providers

More than 50 NDIS workers were banned from providing services to vulnerable people on the disability scheme as 6800 compliance notices were issued in just three months. See why.

Sex offences, abuse and exploitation, child neglect and substance misuse, were just some of the reasons why individuals were banned from working with NDIS participants this year.

The NDIS Commission handed out 6800 compliance and enforcement notices between January and March, tripling the number of actions against rogue NDIS providers compared with the previous quarter.

On the banned list were companies blacklisted for other reasons.

A joint investigation with the agency saw The Freedom Care Group permanently banned for fraudulently claiming $340,000 for supports and services for participants who were in prison at the time.

Assistive Disability Services, providing support workers, received a 10 year ban, while The Australian Health Company, a Sydney based company offering short term accommodation, and The Foot Specialist Australia, providing podiatry services, both received three year bans.

In the first three months of the year there were five banning orders issued against registered and unregistered providers, and 55 banning orders against individuals deemed unsuitable to work with people with disability.

NDIS Commission issues permanent ban to Freedom Care Group. Picture: Images from Freedom Care Group Website

The watchdog refused registration applications from 1,108 providers after they failed suitability assessments, while more 1,036 corrective action requests were issued to deal non-compliance with laws, regulations, or conditions of registration.

More than 4,000 education activities were also undertaken with providers in breach of their conditions of registration, including audit requirements.

NDIS Quality and Safeguards Commissioner Louise Glanville said the uplift in compliance activity was due to the watchdog’s investment in its staff, maturing of processes, and systems enhancements.

“It is essential for the proper functioning of the NDIS for participants to have confidence in NDIS providers and workers,” Ms Glanville said.

“While these results are encouraging, we recognise there is still significant work ahead to ensure the human rights of all NDIS participants are protected, respected and upheld.”

Staff at the Commission have almost doubled in the last two years.

Between January and March 2023 the Commission issued 21 banning orders to individuals and 10 to providers.

Tanya-Lee Quinn has criticised the NDIS Commission for not acting quickly enough after she alerted the watchdog to Cocoon SDA Care, which is currently under investigation. Picture: Jane Dempster

The watchdog has been in the spotlight over the past few weeks after it was revealed that NDIS whistleblower Tanya-Lee Quinn reported Cocoon SDA Care to former NDIS Minister Bill Shorten’s office and the regulator in 2023, and yet it was allowed to keep operating for almost two years.

Horizon Sol Solutions, the parent company of Cocoon, was given a 30-day suspension in early May preventing it from providing some NDIS services, leaving hundreds of disabled people in limbo and having to find new providers.

In Federal Court papers it was revealed that Horizon, had allegedly claimed for NDIS payments for prisoners and dead people and that NDIS participants did not get the correct supports.

Horizon and sole director Muhammad Latif dispute the facts that were alleged in the court documents.

In his response on April 15, Mr Latif said “there had been administrative failures and honest mistakes in relation to a small subset of claims which were isolated and not systemic and not of a nature that would compromise the applicant’s business”.

He said fraud was a very serious allegation to make, and was not supported by the evidence.

Mr Latif said that the applicant had identified “some instances of incorrect claims for payment which he stated would be refunded to the agency”.