Monitoring compliance and investigating non-compliance is important to the NDIS Quality and Safeguards Commission’s work as a regulator.
The NDIS Commission uses a range of compliance and enforcement tools to prevent and address breaches of the National Disability Insurance Scheme Act 2013 (the Act). The Act provides us with a range of compliance and enforcement powers, including banning orders, compliance notices and court-based outcomes. In addition, we educate, and work closely with other complaints and regulatory bodies.
The NDIS Commission has published a suite of compliance and enforcement policies that provide more information about our approach to maximise compliance with the Act, manage risks to NDIS participants and how we may utilise our tools. These policies include the NDIS Commission’s overarching Compliance and Enforcement Policy, and more specific policies relating to the use of:
- Compliance notices
- Infringement notices
- Enforceable undertakings
- Civil penalties
- Variation, suspension and revocation of registration
The Compliance and Enforcement actions register contains information on compliance activities we have undertaken, including banning orders we have issued. It is updated on a regular basis.
The NDIS Commission Compliance and Enforcement Priorities identify the key quality and safeguarding issues we will focus on in our compliance and enforcement activities.
The NDIS Commission’s Compliance Priorities 2023-24 have recently been finalised. Prior to finalising, our proposed priorities have been tested and refined with the NDIS Commission’s Consultative Committee in August 2023 and subsequently with stakeholders through Regulatory Approach workshops run with National Disability Services (NDS) during September 2023.
The NDIS Commission’s Compliance Priorities 2023-24 focus on three key outcomes, with a priority focus on unregistered providers.
- The use of unauthorised restrictive practices is reduced or eliminated through the development and implementation of high quality positive behaviour support plans.
- Unscrupulous and ineffective operators are exited from the market
- Providers recognise the rights of participants and support their choice and control of the NDIS services they access