The pair were found guilty of operating a registered National Disability Insurance Scheme business for more than 12 months without applying for a NDIS Check. The man and woman were fined $5,000 each and ordered to pay $500 each in costs. The organisation is no longer registered as a NDIS provider with the NDIS Quality and Safeguards Commission.
Under the National Disability Insurance Scheme (Worker Screening) Act 2020, it is mandatory for people who hold key personnel positions within registered NDIS provider businesses to apply for and hold a valid NDIS Check.
The NDIS Check is a national screening tool designed to protect people with disability who receive services under the NDIS.
The breach was identified through proactive compliance activities undertaken by the Department of Communities’ NDIS Worker Screening Unit. Generally, the Screening Unit aims to encourage and support workers to comply with their obligations under the Act, and provides opportunity to rectify issues without sanction. However, in circumstances where individuals continuously fail to meet their obligations, the full force of the law will be applied.
Comments attributed to Angelo Barbaro, Executive Director, Regulation and Quality, Department of Communities:
“Under the legislation, anyone who holds a key personnel position for a registered National Disability Insurance Scheme provider must apply for a NDIS Check.
“People in key personnel positions have a certain responsibility to the NDIS sector. I encourage them to do the right thing when it comes to NDIS Worker Screening.
“People with disability, their families and the community can be assured the Department of Communities takes such breaches of the NDIS Worker Screening legislation very seriously.”
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