$778,800 in fines for provider registration breaches
The NDIS Quality and Safeguards Commission has issued 40 infringement notices, carrying penalties of a combined total of $778,800, and several compliance notices to thirteen Specialist Behaviour Support Providers and registered NDIS providers across Australia.
NDIS Commissioner Tracy Mackey said it was alleged that each provider had breached a condition of their registration by failing to either develop a behaviour support plan (BSP) within the legislated timeframe, lodge a BSP with the NDIS Commission, clearly identify restrictive practices in a BSP, or report unauthorised restrictive practices.
“The aim of a behaviour support plan is to reduce and eliminate restrictive practices by embedding positive behaviour support strategies that meet a person’s needs,” Commissioner Mackey said.
“There is a primary emphasis on upholding the rights of people with disability by supporting the person through evidence-informed, person-centred strategies reflected in the behaviour support plan.
“NDIS providers are responsible for ensuring the review of procedures, systems and controls required to deliver supports and services in a safe and competent manner, with care and skill, and with the participants’ rights and safety foremost in mind.
“This enforcement action demonstrates the NDIS Commission’s stance on empowering people with disability through rights-based regulation and its commitment to reducing and eliminating the use of restrictive practices on participants.”
Anyone can contact the NDIS Commission with their concerns about the way in which NDIS services and supports are being delivered, by:
- Phoning: 1800 035 544 (free call from landlines) or TTY 133 677. Interpreters can be arranged.
- National Relay Service and ask for 1800 035 544.
- Completing a complaint contact form available on our website.
This enforcement action also follows on from recent action undertaken against registered NDIS providers who failed to comply with their legal obligations relating to the use of regulated restrictive practices: https://www.ndiscommission.gov.au/media-centre/400k-fines-alleged-use-unauthorised-restrictive-practices