In this practice area
Acting for NDIS providers and their key personnel in NDIS Quality and Safeguards Commission investigations, compliance action, registration decisions and banning orders.
What these matters involve
The NDIS Quality and Safeguards Commission regulates providers of supports and services under the National Disability Insurance Scheme Act 2013 (Cth). It registers providers, oversees the NDIS Code of Conduct and Practice Standards, manages reportable incidents and complaints, and regulates behaviour support including restrictive practices.
Investigations commonly follow a reportable incident, a participant complaint, an audit finding, concerns about restrictive practices, or pricing and claiming irregularities. The National Disability Insurance Agency separately investigates fraud and improper payments, sometimes in parallel with the Commission.
The legal framework
The Commission's powers are set out mainly in Chapter 4 of the NDIS Act and the NDIS rules, supported by monitoring and investigation powers in the Regulatory Powers (Standard Provisions) Act 2014 (Cth). It can require information and documents, enter premises, issue compliance notices, accept enforceable undertakings, issue infringement notices, seek civil penalties and injunctions, and vary, suspend or revoke a provider's registration.
The Commissioner may also make banning orders prohibiting or restricting a provider or a person employed or otherwise engaged by a provider from being involved in the provision of NDIS supports. Many of these decisions are reviewable decisions, subject first to internal reconsideration and then to review by the Administrative Review Tribunal. Recent amendments to the NDIS Act have expanded the Commission's powers and increased penalties.
How these matters run
A matter often starts with a request for information about an incident or a notice to produce records. Short deadlines are common. Providers must continue to meet their reporting obligations, including notifying reportable incidents within the prescribed times, while the investigation proceeds.
Where the Commission proposes adverse action it will usually issue a show cause notice or give notice of its intention to act, with an opportunity to respond. That response is the most important opportunity to address the evidence, explain remediation and put forward alternatives such as conditions or undertakings.
How GopherWood Lawyers acts
We act for providers, directors and key personnel. We manage information requests and notices, review incident records and policies, and prepare responses to show cause notices and proposed banning orders.
We seek internal reconsideration and review in the Administrative Review Tribunal where decisions are wrong, and defend civil penalty proceedings. We also advise on the interaction with NDIA payment investigations and with any police or other regulatory involvement.