Inquiries and reviews

Inquiries and Reviews

From time to time, formal inquiries and reviews relating to the delivery and regulation of the NDIS are initiated in response to events and incidents, as well as emerging issues and trends. They may be conducted by the NDIS Commission itself, or by an external, independent party. Detailed information about these inquiries and reviews is available below.

Own Motion Inquiries

The Commissioner can initiate an inquiry into a complaint or a reportable incident, or a series of complaints or reportable incidents, about supports or services delivered by NDIS providers. These are ‘own motion’ inquiries.

The Inquiry will examine the experiences of participants living in supported accommodation through examining Reportable Incidents and Complaints that have occurred in connection with the supported accommodation services provided by a small number of NDIS providers that are large providers of supported accommodation.

Independent Reviews

Review conducted by the Hon. Alan Robertson SC into issues surrounding the death of Ms Ann-Marie Smith.

Our media release of 26 May 2020 announced the appointment of the Hon. Alan Robertson SC to conduct an independent review into the NDIS Commission’s regulation of the provider of NDIS supports and services to Ms Ann-Marie Smith, an NDIS participant.

The terms of reference of this review are attached.

Organisations and members of the public were invited to provide information or make a submission to Mr Robertson.

Mr Robertson was required to conduct the review in a manner that avoids prejudice to any pending or current criminal or civil proceedings.

Mr Robertson's report to the NDIS Quality and Safeguards Commissioner is attached. You can read the media release and view the video of Mr Robertson reading the summary of his report.

Ms Smith died on 6 April 2020 in appalling circumstances. Her death is the subject of active investigation by the NDIS Commission and by South Australia Police.

Meetings in Adelaide 20 and 21 July 2020

On 20 and 21 July 2020, Mr Robertson held meetings in Adelaide with those who provided a submission or an outline of what they wished to say to the independent review.

The meetings were broadcast via live stream and, as much as possible, were accessible to the public. However, the broadcast was turned off, where necessary, in circumstances where the discussion was about individuals or contained individual information and where this information may prejudice or interfere with ongoing enquiries or any potential civil or criminal proceedings as per the Review’s terms of reference.

Transcripts of the publicly accessible sessions of these meetings are attached. Please note: these are uncorrected versions of the transcripts, which may contain typos.

Video recordings of the public webcasts are available:

Joint Statement on the Approach to Supporting at Risks participants

In June 2022, the NDIS Quality and Safeguard Commission and the National Disability Insurance Agency released a Joint Statement in relation to what has been done both singularly and jointly to progress the findings of the Robertson Review in response to the death of Ms Anne-Marie Smith. The Joint Statement provides an overview of the many actions taken to date representing substantial improvements in safeguarding for NDIS participants.

Related resources

Introduction

The Acting Commissioner has initiated an Own Motion Inquiry into Aspects of Supported Accommodation in the NDIS.

The Inquiry will examine the experiences of participants living in supported accommodation through examining Reportable Incidents and Complaints that have occurred in connection with the supported accommodation services provided by a small number of NDIS providers that are large providers of supported accommodation. The Inquiry will also to identify any available models for the delivery of supported accommodation that demonstrate best practice.

The Acting Commissioner appointed Mr Arthur Rogers PSM as Inquiry Lead in August 2021. At the end of the inquiry, the NDIS Commission intends to publish a report setting out the findings in relation to the inquiry.

The Terms of Reference for the Inquiry are available on this page.

Inquiry lead Biography – Mr Arthur Rogers PSM

Mr Rogers has extensive experience in public administration and human services and has held leadership roles in the Victoria public service in disability, social housing and service design. A strong advocate for independent choice and the inclusion of people with a disability, Mr Rogers led the development of Victoria’s first 10 year State Disability Plan, the Disability Act 2006 and the introduction of client controlled and individualised planning and funding is Victoria.

Mr Rogers was also the Director of Housing and Deputy Secretary, Service Design and Implementation in the Department of Health and Human Services. He also worked in the Department of Premier and Cabinet working on Victoria’s transition to the National Disability Insurance Scheme.

More recently Mr Rogers was the Victorian Disability Services Commissioner – an independent statutory oversight role resolving complaints and working to improve outcomes for people with a disability.

In recognition of his service to the community and disability services Mr Rogers has been awarded a Centenary Medal and Public Service Medal.

In May 2020 the NDIS Commission began major compliance activities to assess and monitor risks to NDIS participants.  In the same month the review conducted by the Hon. Alan Robertson SC into circumstances relating to the death of Ms Ann-Marie Smith began.

In October 2020, the NDIS Commission applied a condition of registration on providers registered to deliver the class of support ‘Assistance with daily personal activities’. This interim measure was introduced in response to  the compliance activities and Regulatory Recommendation 2 of Robertson Review.

In March 2021, the NDIS Commission engaged Discourse Consulting to consult with a wide range of stakeholders to gauge views on a possible change to the NDIS Rules to make the requirements imposed through this condition of registration more permanent. That consultation is now complete.

The final report resulting from this consultation, along with a cover note from the NDIS Commission, is on this page.

Our media release of 26 May 2020 announced the appointment of the Hon. Alan Robertson SC to conduct an independent review into the NDIS Commission’s regulation of the provider of NDIS supports and services to Ms Ann-Marie Smith, an NDIS participant.

The terms of reference of this review are attached.

Organisations and members of the public were invited to provide information or make a submission to Mr Robertson.

Mr Robertson was required to conduct the review in a manner that avoids prejudice to any pending or current criminal or civil proceedings.

Mr Robertson's report to the NDIS Quality and Safeguards Commissioner is attached. You can read the media release and view the video of Mr Robertson reading the summary of his report.

Ms Smith died on 6 April 2020 in appalling circumstances. Her death is the subject of active investigation by the NDIS Commission and by South Australia Police.

Meetings in Adelaide 20 and 21 July 2020

On 20 and 21 July 2020, Mr Robertson held meetings in Adelaide with those who provided a submission or an outline of what they wished to say to the independent review.

The meetings were broadcast via live stream and, as much as possible, were accessible to the public. However, the broadcast was turned off, where necessary, in circumstances where the discussion was about individuals or contained individual information and where this information may prejudice or interfere with ongoing enquiries or any potential civil or criminal proceedings as per the Review’s terms of reference.

Transcripts of the publicly accessible sessions of these meetings are attached. Please note: these are uncorrected versions of the transcripts, which may contain typos.

Video recordings of the public webcasts are available:

The Hon. Alan Robertson SC - Curriculum Vitae

Day 1 transcript (20 July 2020)

Day 2 transcript (21 July 2020)

Independent review - Report to the Commissioner

Joint Statement on the Approach to Supporting at Risk NDIS participants