Oak Tasmania taken to Federal Court over alleged failure to report more than 670 incidents within timeframe

An NDIS provider is being taken to court for allegedly failing to report hundreds of incidents within the legal timeframe.

Michael Phelan, chief executive of the Australian Criminal Intelligence Commission, says allegations of misconduct in the NDIS are taken very seriously by the watchdog. Picture: Lyndon Mechielsen/The Australian

Exclusive: A disability provider is being taken to the Federal Court by the watchdog for allegedly failing to report hundreds of incidents – including unlawful sexual contact, serious injury, neglect and abuse – within the legal timeframe.

The NDIS Quality and Safeguards Commission announced on Tuesday it had commenced civil penalty proceedings against Oak Tasmania in the Federal Court, over a host of alleged contraventions.

As well as the alleged failure to report more than 670 incidents in the required time under law, the watchdog claims Oak Tasmania failed to provide access to adequately trained support staff, failed to properly manage risks to participants, failed to properly administer medical devices and medication, and failed to properly supervise an adolescent in their care.

In court papers the Commission claimed Oak Tasmania failed to report 202 serious incidents within the 24 hour timeframe and 471 within five business days.

Reportable incidents are those where there is a connection with the service, but it does not necessarily mean that the provider directly caused the incident.

Oak Tasmania being taken to the Federal Court

On its website Oak Tasmania boasts that it provides a range of disability care services in Tasmania, certificate training and employment through six social enterprises.

Acting NDIS Commissioner Michael Phelan said allegations of conduct impacting the safety of NDIS participants, including the failure to report incidents, are taken very seriously by the watchdog.

“The NDIS Code of Conduct applies to all providers and workers for very good reason; to keep everyone safe,” said Acting Commissioner Phelan.

“Providers must ensure their staff are properly trained and that any injuries or harm suffered by participants are promptly reported to the NDIS Commission as required under the NDIS Rules.

“The NDIS Commission will hold accountable any provider that does not comply with the law.”

In a statement the watchdog said the court action followed an extensive investigation by the NDIS Commission.

It has now filed an originating application and concise statement in the Federal Court.

The NDIS Commission has strong regulatory and compliance powers under Commonwealth law where suspected breaches of a provider’s obligations under the NDIS Act, including the NDIS Code of Conduct and the NDIS Practice Standards, are identified.

Oak Tasmania has been contacted for comment.