Timelines and resolution of complaints

Steps in making a complaint

You might be unhappy with a provider because something has gone wrong, something is not working well, something has not been done the right way, something makes you unhappy or because you have been treated badly.

We encourage you to try to talk directly to your NDIS service provider first to resolve a complaint. If you do not feel comfortable speaking to the provider or are not satisfied with the result of your complaint, please contact us.

We take complaints about whether an NDIS funded service has been provided in a safe way and to an appropriate standard. You can also complain about how an NDIS provider has dealt with your complaint.

Your complaint will be acknowledged and an NDIS Commission complaints resolution officer will arrange a time to talk to you to understand the concerns you are raising.

To help us understand the problem we may ask you for more information so we can understand the issues involved and any immediate concerns. Your consent is required to start the resolution process.

This might include talking to anyone who may be affected by the issues in the complaint or asking the provider for more information.

There are three main ways we deal with most complaints people make to us.  We can:

  1. Help you to resolve the complaint yourself by explaining:
  • your rights and what we expect providers to do
  • how to find an advocate to support you 
  • how to complain to the provider
  • how to contact another agency if they are better suited to deal with your complaint. 
  1. Ask the provider to work with you to resolve your complaint directly. 
  2. Work with you and the provider to find a solution.  

In some cases, we may decide to:

  • offer to conduct a conciliation 
  • require the provider to give us information or do certain things
  • formally investigate the situation
  • take enforcement action against the provider or a worker. This can include issuing a fine, or imposing conditions on the provider’s registration. In some cases, the provider may be deregistered, or a worker banned from the NDIS sector.

At the end of the complaint resolution process, we will explain to you, any person with disability affected by the complaint, and the NDIS provider:

  • our decision
  • the information considered that led to this decision
  • any actions you or the NDIS provider agreed to take
  • what you can do if you disagree with our decision.

What happens after my complaint is resolved?

Actions for providers

After the resolution of some complaints, the NDIS provider may need to take actions to address issues and concerns raised in the complaint. This might include actions like: 

  • making changes to the provider’s complaints management system to make it easier for people to raise concerns
  • ensuring that all service users’ behaviour support plans are up-to-date
  • ensuring all management staff undertake a particular training program

The NDIS provider may be required to report back to the NDIS Commission on the progress of these actions. If a complaint raises a serious compliance issue, the NDIS Commission has powers to take action.

What if I disagree with the decision made about my complaint?

 

If you disagree with our decision on your complaint, you can ask for the decision to be reviewed.  This is called a reconsideration. 

To ask for a reconsideration please contact the NDIS Commission using the following contact details:

An application to the NDIS Commission for reconsideration should:

  • be made within 42 days of the parties being notified of the relevant decision, and
  • explain why you believe the decision was wrong e.g. what has happened, what are you unhappy about?

What if I disagree with the way my complaint is handled?

If you are concerned about how the NDIS Commission is managing your complaint, we encourage you to contact us at the NDIS Commission to provide feedback.

If you are not satisfied with our response, you can raise your concerns with the Office of the Commonwealth Ombudsman.  They can look at how we handled your complaint, but they cannot change our decision.