‘Makes me furious’: Public Guardian refusing to pay All 4 U disability carer

A Townsville disability carer says she’s owed over $100,000 after the Office of the Public Guardian stopped paying for care given to a high-needs NDIS recipient.

All 4 U director Nicole Kirkland at a client residence. Picture: Evan Morgan

A Townsville disability carer says she’s owed over $100,000 because the Office of the Public Guardian is refusing to pay for care given to a high-needs, non-verbal NDIS recipient.

All 4 U director Nicole Kirkland said the unpaid invoices were stacking up.

“We have been supporting a gentleman with Huntington’s disease for two years,” Ms Kirkland said.

“He has severe tremors, he cannot walk, he has no core muscle support, he’s non-verbal and he’s got no family at all. But sometimes we get a little bit of communication from him, so he still has an understanding of what is going on.”

Huntington’s disease is a progressive brain disorder that typically starts in a person’s 30s, slowly affecting how they move, think and feel. It gets worse over time and is passed down in families.

All 4 U director Nicole Kirkland with her staff, who all know Ted and are fighting for him. (front) Emily Smart, Joshua Feather, Amira Bloss, Cherylee Tamo, (back) Tina Rask, Maddison Miles, Vicktoria Veress and Lily Pascoe. Picture: Evan Morgan

All 4 U were caring for Ted* when he was still in charge of his own decision making, but in 2024 his abilities went downhill and Ms Kirkland referred him to QCAT to be assessed for public guardianship.

Guardianship was approved in late 2024.

All 4 U upgraded Ted’s care to 2:1 (two workers, one client) in 2024, after his uncontrolled movements resulted in three different WorkCover claims from Ms Kirkland’s staff and Ted being hospitalised for self-inflicted injuries.

“I need to go 2:1 for his safety and also my staff’s safety, because if someone gets hurt, or he gets hurt, it becomes a serious legal issue,” Ms Kirkland said.

Ms Kirkland said at this point it became obvious Ted’s NDIS wasn’t suited to him anymore, but when she applied to have her client’s NDIS funding reviewed, she was blocked, because the Public Guardian was the only one allowed to make decisions for Ted.

Ms Kirkland continued doing 2:1 care and being paid for it until January 2025, when the Public Guardian stopped paying her invoices.

“They’ve asked for us to claim half and support him by half because they are worried about running out of his NDIS funding,” Ms Kirkland said.

“It makes me furious because we’ve known for months his plan isn’t enough anymore, but they’ve done nothing.

“Unpaid invoices are stacking up, and while we remain committed to delivering high-quality care, ongoing funding delays make it harder for small, dedicated services like ours to plan, grow, and continue supporting vulnerable clients at the level they deserve.”

Both the Public Guardian and the Public Trustee were contacted by the Townsville Bulletin multiple times about the issue, but they declined to explain the situation due to privacy concerns.

The Public Guardian was thrust into the spotlight in 2022 after ABC’s Four Corners program revealed Queenslanders were being denied access to their own money due to exorbitant fees and financial mismanagement.

John Chesterman is the Public Advocate for Queensland, an independent body which monitors the Public Guardian and Public Trustee.

“The Public Guardian and Public Trustee are often appointed to represent the interests of NDIS participants who have very significant support and communication needs,” Mr Chesterman said.

“Where there are concerns about the operation of the Public Guardian or Public Trustee, it’s important to put those concerns in writing to them, with as much evidence as possible. Other escalation possibilities include seeking a different appointment at QCAT.”

Despite not being paid, Ms Kirkland continues to care for Ted because the Public Guardian has been unable to find another care provider willing to take him on - and she continues to do it 2:1 per allied health recommendations and for Ted and the staff’s safety.

“We’ve tried to socially admit him to hospital, but they refuse to take him, they offered other ways to assist with keeping Ted at home. However, this support was once again stopped by the Public Guardian,” Ms Kirkland said.

Ms Kirkland said her staff loved Ted and were willing to stand in solidarity with him.

“He is frustrated by the Public Guardian putting his supports at risk,” Ms Kirkland said.

“In the last four months, I’ve called everyone I can about this, but nothing has happened. I told him I was going to the newspaper and he supported it.

“Ted has fallen through the cracks in so many ways with the system letting him down and still with the Public Guardian he is being let down, and he deserves better.”

*not his real name

Originally published as ‘Makes me furious’: Public Guardian refusing to pay All 4 U disability carer