Evidence seized by NDIS Commission during raid of banned Bundaberg provider
The NDIS Quality and Safeguards Commission (NDIS Commission) has raided a business in the Bundaberg region allegedly operating as an NDIS provider despite being banned by the regulator in 2022. The business owner faces penalties in excess of $300,000 if the allegations are proven.
The raid saw a team of NDIS Commission investigators, alongside digital forensics experts from Services Australia, execute a warrant on the residence, seizing mobile phones, a laptop and key documents, following a tip off that the business was operating in contravention of the banning order.
The business was banned from delivering supports and services to NDIS participants by the NDIS Commission in 2022 after multiple breaches of the NDIS Code of Conduct, including coercion and neglect of NDIS participants, and charging for services not provided.
Minister for the NDIS, the Hon Bill Shorten MP, said that the rigorous investigation into the business reflected the NDIS Commission’s strengthened focus on compliance and enforcement.
“The compliance action the NDIS Commission takes against providers who do the wrong thing must be taken seriously,” Minister Shorten said.
“The Australian Government is deeply committed to protecting the rights of people with disability and has strengthened the NDIS Commission’s powers to pursue any businesses found to be putting the safety and wellbeing of people with disability at risk.”
NDIS Commissioner Louise Glanville said breaching a banning order is a very serious matter and strong action will be taken against businesses found to be doing so.
“Businesses identified as operating in contravention of a banning order can face significant consequences, with penalties of $330,000 for individuals and $1.6 million for companies.
“Based on the evidence we’ve gathered, I may now consider commencing civil penalty proceedings against this business owner, and I may also apply to the Federal Court for an injunction to enforce the banning order, which could see the business owner go to jail if they continue to breach the ban,” Commissioner Glanville said.
The NDIS Commission is actively monitoring NDIS providers in the Bundaberg region, ensuring that they are meeting their obligations under the NDIS Code of Conduct and Practice Standards.
The NDIS Amendment (Getting it Back on Track No. 2) Bill (Bill No. 2), currently in the consultation phase, proposes to introduce new criminal offences to deter breaches of the NDIS Act, including failing to comply with a banning order.
The proposed new criminal offences are designed to address behaviour that demonstrates continual or intentional disregard of regulatory arrangements designed to protect the safety and wellbeing of NDIS participants.