An NDIS service provider was recently fined $1.8 million and ordered to pay the NDIS Commission’s legal costs, following serious breaches of NDIS laws.

The case follows the tragic death of an NDIS participant in 2022 due to complications associated with burns she suffered while receiving personal care supports from the provider. It is only the second civil case brought by the Commission against a provider since 2016.

Provider’s Breaches

In Commissioner of the NDIS Quality and Safeguards Commission v LiveBetter Services Ltd [2024] FCA 374, the NDIS Commission argued that the provider had failed to comply with its obligations under the National Disability Insurance Scheme Act 2013 (Cth) (NDIS Act), the NDIS Code of Conduct, and the NDIS Practice Standards. The provider admitted liability in a statement of agreed facts and the Court ultimately declared that the provider had:

1. Failed to identify and manage risks: on 15 occasions, including by failing to conduct a formal risk assessment of the participant’s residence before providing bathing supports, in breach of s73J of the NDIS Act; 

2. Provided inadequate supports: on 1 occasion, when it failed to provide the participant with competent and appropriate supports as required, in breach of s73J of the NDIS Act; 

3. Delivered unsafe and incompetent services: on 1 occasion, in breach of s73V of the NDIS Act. 

What can providers learn from this tragedy?

All NDIS providers can learn from this case and take proactive steps to ensure the safety and wellbeing of participants by investing in:

1. Risk assessment and management – to regularly assess risks for participants, develop individualised risk management plans and train staff on risk identification and prevention.

2. Training and competency – through ongoing training and assessment programs for staff, prioritising continuous learning.

3. Quality assurance and compliance – by understanding their obligations under the NDIS laws and auditing their organisation’s practices for compliance.

4. Reporting and incident management – by implementing a clear incident reporting system, investigating incidents thoroughly, and communicating transparently.

These risk management systems should satisfy all prescribed requirements under the NDIS laws and reflect industry best practice. If your organisation does not know how to satisfy these standards, it should also invest in advice from trusted advisors.

Where can I get help?

Our team are leading NDIS experts and experienced in helping NDIS providers with all aspects of compliance. To learn more, call us now on 02 9199 4563 or email info@kinnylegal.com.

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