Media release

The NDIS Quality and Safeguards Commission (NDIS Commission) has commenced civil penalty proceedings in the Federal Court of Australia against the Australian Foundation for Disability (Afford), in relation to the death of Ms Merna Aprem. 

The NDIS Commission is the national regulator of supports and services provided to people with disability who participate in the National Disability Insurance Scheme (NDIS). 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. These powers include seeking civil penalties when a provider has failed to deliver supports and services in a safe and competent manner, with care and skill.

Ms Aprem, who was an NDIS participant, died on 23 May 2019 when she drowned in a bathtub whilst living in a supported independent living home operated by Afford in Woodbine, Sydney. 

This matter has been the subject of an extensive investigation by the NDIS Commission. 

This is the first civil penalty proceeding commenced by the NDIS Commission. A copy of the originating application and concise statement filed in the Federal Court are attached to this media release. 

“The death of Ms Aprem is tragic,” said Ms Samantha Taylor, the Acting NDIS Quality and Safeguards Commissioner. “NDIS providers have very clear obligations. Failures, like those alleged by the NDIS Commission in these proceedings, will not be tolerated. The NDIS Commission will take action when providers do not meet their obligations.”

The proceeding will be listed for case management on a date to be determined by the Court.

An easy read version of this media release is also available.