Government considers barring NDIS participants with convictions from self-managed plans

Labor has ordered the National Disability Insurance Agency to consider changing protocol that would force participants with a history of violent crimes to be banned from self-managing their plans.

The Federal Government has ordered the National Disability Insurance Agency to consider changing protocols to ban participants with a history of violent crimes from self-managing their plans.

Labor has ordered the National Disability Insurance Agency to consider changing protocols to ban participants with a history of violent crimes from self-managing their plans.

The move follows revelations that convicted rapist and NDIS participant Thomas Hofer had been using his taxpayer-funded NDIS plan to seek out “fit” female support workers between the age of 18 and 35, the same demographic he targeted before being jailed.

In response, Opposition NDIS spokesman Michael Sukkar demanded transparency from the government over how many people receiving NDIS plans had criminal convictions.

“The (NDIS) minister needs to come clean about whether NDIS participants with serious criminal convictions are accessing the scheme’s funding,” Mr Sukkar told The Australian. “It is extremely concerning that the NDIS has been exploited to facilitate illegal activities and predatory behaviour such as grooming.”

While Mr Sukkar has been critical over the lack of transparency and data behind the government’s target to almost halve the annual growth of the NDIS to eight per cent, the issue over whether participants have criminal histories is a fresh point of attack that indicates the battle lines that will be drawn over the management of the scheme ahead of the 2025 election.

The Australian understands NDIS Minister Bill Shorten is considering changes to the scheme that would stop people like Hofer being able to enter self-managed plans where they can seek out support workers in such a way.

Hofer - a former Sydney real estate agent - has been convicted for multiple rapes and assaults over the past decade, mainly against women who have responded to apartment adverts he put out for roommates.

It was reported by Nine News earlier this month that he had been advertising for an NDIS support worker on Facebook groups, including groups for backpackers, who he stipulated “must have good communication skills, a good sense of humour, be fit, able to walk 5km and swim”.

The NDIA already employs a team of justice liaison officers, who communicate with state judicial systems and to work closely with participants to ensure they are connected with the right supports when transitioning back into the community from jail.

An NDIA spokesman said that just like Medicare, all Australians could access the NDIS – including those with convictions – if they needed it.

“The NDIS was designed to provide disability-related support to any eligible Australian living with disability,” the spokesman said. “Every Australian, regardless of any previous criminal conviction, is entitled to access support systems offered by government to help them live their life. Such supports may be crucial in reducing the risk of further re-offending.”

NDIS Minister Bill Shorten. Picture: Pema Tamang Pakhrin

Opposition NDIS spokesman Michael Sukkar. Picture: NCA NewsWire/Gary Ramage

The spokesman said criminal charges were a matter for law enforcement and state jurisdictions, not the NDIA.

“The legal system remains responsible for imposing conditions on individuals – who may be considered a risk – while in the community,” he said.

“Any condition placed on someone, such as those designed to monitor an individual who has committed a serious offence, is issued by the courts. The NDIA works closely with participants transitioning to or from the justice system.”

Mr Sukkar’s concern over the criminal histories of NDIS participants comes as the Coalition is due to rebuff amendments to the redress scheme that would make it easier for people with convictions to access compensation.

Labor’s changes to the National Redress Scheme for Institutional Child Sexual Abuse Bill, due to come before parliament next week, would scrap current parameters that limit the redress someone can access if they are convicted for five years or more in jail time.

Mr Sukkar criticised the change, which he said demonstrated “Labor’s tendency to be lenient on crime” when it comes to access schemes such as national redress.

Labor has maintained that people entitled to redress often have experiences in the criminal justice system because of the cycle of trauma caused by child sex abuse, and that this should not limit the compensation they are due.