NDIS Commission seeks penalties against NDIS provider for alleged serious breaches of privacy in operating CCTV
The NDIS Quality and Safeguards Commission (NDIS Commission) has commenced civil penalty proceedings in the Federal Court of Australia against My Ability Australia Pty Ltd in relation to alleged CCTV surveillance of a child participant in its care, without the consent of the participant’s mother.
The NDIS Commission alleges that in May 2023, shortly after the participant moved into premises where My Ability provided them around-the-clock care, My Ability installed and activated CCTV cameras without seeking the consent of, or notifying, the participant’s mother.
Despite later seeking consent for the use of CCTV and the mother refusing that consent, it is alleged My Ability did not take steps to cease CCTV surveillance.
It is alleged that only when footage was shared with a third party (a further alleged breach of the participant’s privacy) did the participant’s stakeholders and mother become aware that CCTV had been operating at the premises for several months without their knowledge or consent.
The NDIS Commission is seeking the imposition of civil penalties on My Ability for contraventions of the NDIS Code of Conduct and NDIS Practice Standards.
Commissioner of the NDIS Commission, Louise Glanville, said that NDIS Providers must ensure that the human rights, including privacy, of people with disability are a constant and central focus while providing supports, including when using or proposing the use of surveillance technology.
“Providers must ensure they comply with all applicable laws and regulations concerning privacy and surveillance, and the NDIS Commission will not hesitate to take action, including seeking civil penalties, where such laws are allegedly breached and participants’ privacy is significantly compromised,” Commissioner Glanville said.
“When surveillance technology or other intrusive measures are being considered, they should only be used in accordance with the law, after receiving proper consent, and taking into account the interests, needs and wishes of the person with disability.”
The NDIS Commission has published resources to assist providers meet their obligations when considering the implementation of surveillance technology, including a dedicated Surveillance Technology Practice Guide.
Media Contact: media@ndiscommission.gov.au