Named and shamed: NDIS Commission releases list of banned providers

The NDIS Commission recently released a list of banned registered NDIS providers and individuals to improve disability services across the country, with its annual report highlighting an uptick in banning orders.

The NDIS Commission has issued 35 percent more banning orders than last year. Between July 1, 2023 and June 30, 2024, the NDIS Commission informed 187 NDIS providers that they are no longer permitted to be registered providers and 124 NDIS providers that cannot provide certain NDIS services anymore.

The NDIS Commission can give a banning order to NDIS providers or individuals indefinitely or for a specified period of time, e.g. three years, even if they are no longer providing NDIS-funded services.

Additionally, people who have never worked for an NDIS provider can also be issued with a banning order if they are ‘not suitable to be involved in the provision of specified supports or services to people with disability.’

Banning orders affect providers and individuals differently and depend on the NDIS Commission’s criteria and reported problems.

For example, some providers with a banning order cannot ‘provide disability supports and services to any NDIS-funded participant who has a behaviour support plan.’ Other banning orders are less specific such as when a person is no longer allowed to provide ‘disability supports and services to NDIS-funded participants in the NDIS.’

The NDIS Commission regularly updates compliance and enforcement actions on its national register, including banning orders.

NDIS Quality and Safeguards Commissioner Louise Glanville highlighted the NDIS Commission’s methods to ensure that people with disability receive appropriate and suitable care to improve their quality of life.

“Banning orders are one of the NDIS Commission’s most serious regulatory responses and are used when we need to protect people with disability from significant risk and to ensure the delivery of quality NDIS supports and services,” she said.

“The banning order register is updated weekly, or more often if required. The register includes details such as the banned provider or individual’s name, the date the banning order came into effect, and a brief description of the section of the NDIS Act that the provider has alleged to have breached.”

NDIS Minister Bill Shorten commented on the impact of the NDIS Commission’s work in keeping providers and workers accountable for their actions when caring for people with disability.

“This stronger approach works hand-in-hand with the NDIS Commission’s continued focus on safeguarding the human rights of NDIS participants and working proactively with providers to promote safe and quality practices,” he said.

“The NDIS Commission is receiving a growing number of complaints each year and prioritises the matters where the risk of harm, negligence or ongoing misconduct is high and aims to action all others with appropriate guidance and support.”

Although an increase in the National Disability Insurance Agency’s actions to combat unethical provider behaviour is welcomed, the NDIS Commission has released updated priorities for Australian disability services and care. These include ensuring NDIS participants retain their rights when receiving care, appropriate management of behaviour support plans, e.g. reducing and eliminating restrictive practices, and NDIS providers follow registration requirements more closely.

Minister Shorten acknowledged most providers comply with NDIS standards and regulations, but commented on the impact of possible changes in the second part of the Getting the NDIS Back on Track Bill regarding less-than-honest providers.

“While most providers do their best to deliver quality supports and services to NDIS participants, fines, penalties and other compliance action are necessary deterrents for other providers who intentionally and repeatedly do the wrong thing,” he said.

If an NDIS participant is harmed or injured while under the care of an NDIS provider, a provider may be fined up to a maximum of $400,000 dollars according to Minister Shorten’s proposed NDIS changes. However, if the new bill is passed, providers could be fined in excess of $15 million dollars.

Approximately 241,000 providers are registered to provide NDIS-funded services in Australia. Search for disability support providers near you with the Disability Support Guide’s provider finder or visit the NDIS providers list.

Minister Shorten highlighted the value of stricter NDIS policies and regulations and how NDIS participants may receive better protection as a result.

“These changes are well overdue to ensure the [NDIS] watchdog has the powers it needs to keep dodgy providers out of the NDIS for good,” he said.

“The independent NDIS Review and the Disability Royal Commission recommended strengthening the NDIS Commission’s powers through more active monitoring, compliance and enforcement.

“Through ongoing engagement, consultation and communication, we will work closely with state and territory governments and the disability sector to ensure these reforms deliver better quality services and safeguard NDIS participants and their families.”

You can report providers and individual workers to the NDIS Commission by completing the online complaint form or calling 1800 035 544 — free call from landlines.

The Aged Care Quality and Safety Commission has also recently released its updated Register of Banning Orders, including the details of individuals who have failed to comply with the current Aged Care Standards.