Receiving notice that your business is under investigation by the NDIS Quality and Safeguards Commission can be overwhelming, even if you believe the complaint lacks merit.  

Providers face a significant risk when dealing with complaints. Failure to satisfy the Commission can have serious, long-term consequences, including having registration conditions, banning orders or financial penalties imposed, not to mention reputational damage. The Commission publishes regular media releases on their website naming and shaming providers who have run afoul of the required standards. 

In our experience, a well-prepared response that clearly presents the facts often resolves the issue. However, gathering all the necessary information and compiling a comprehensive response can be a daunting, time-consuming task. It can be challenging to determine what information is relevant and how to present it effectively. To navigate this process smoothly, we recommend seeking legal assistance.

Here are some practical tips to help you get started. 

1. Check the Deadline 

Note the response deadline. Preparing a thorough response takes time, so begin as soon as possible. Gathering information and compiling a response may take longer than you expect. 

2. Notify Your Legal Team 

Contact your legal team immediately and inform them of the deadline. By notifying us early it allows us to prioritise assisting you. While the Commission may grant a deadline extension if requested, there’s no guarantee, so it's better to avoid this if possible. 

3. Gather Information 

Conduct an internal investigation of the complaint. This involves reviewing written records and interviewing any staff involved. Make sure you investigate every issue raised in the complaint comprehensively. 

4. Form an Opinion 

Evaluate the information you've gathered and consider whether you agree or disagree with each aspect of the complaint. Avoid taking a defensive stance - some aspects of the complaint may be legitimate. If we know where you stand, we can help you frame your response appropriately. 

5. Draft Your Response 

Document your response to each aspect of the complaint, including all relevant details. Be as precise as possible about dates, names, and events, especially where you have written records documenting these. You don’t need to provide this to us as a formal document, if you give us all the information, we can transform it into a more formal response document. 

6. Seek Legal Input 

Send your document to us so that we can review it and provide recommendations. With extensive experience in handling NDIS complaints, we can provide valuable insights to strengthen your response and increase the chances of resolving things quickly. 

7. Learn from the Experience 

After responding, reflect on the situation. Identify any areas for improvement in your processes, procedures, or staff training to prevent future complaints. 

Ultimately, you can respond to the Commission on your own, but a stronger response may result in a better outcome and involving us allows your team to continue to focus on your day-to-day operations. 

If you need assistance with an NDIS Commission complaint, contact our experienced team on 02 9199 4563 or at info@kinnylegal.com. 

 This blog post does not constitute legal advice and should not be relied upon as such. It is a general commentary on matters that may be of interest to you.  Formal legal or other professional advice should be sought before acting or relying on any matter arising from this communication.

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