When you report an issue to us, we can help you find the best course of action. Sometimes this means raising the issue directly with your provider.
Every concern reported to us about the quality and safety of NDIS supports is assessed and prioritised based on defined risk criteria. This includes information you give to us, an enquiry, a reportable incident or a complaint.
Assessing your concern or issue
The NDIS Commission has a prioritisation model that guides how we deal with your concern or issue. We do a risk assessment that helps us work out how to keep people safe and what needs to happen next.
In our risk assessment, we think about whether:
- the NDIS provider or worker has broken the rules
- the issue is on our regulatory priorities list of things we need to improve or fix
- how serious the issue is, by considering:
- the NDIS participant that the issue affects
- the type of issue it is, like supports that aren’t good quality
- the affect the issue has had.
All complaints about NDIS supports and services are important to us. We place highest priority on:
- harm or a serious risk of harm to participants
- negligence by providers
- a pattern of ongoing non-compliance by providers
- violation of human rights
- situations that match one of our focus areas for regulating providers and workers, or reflect new patterns we’ve noticed.
If it’s a serious matter, we may want to talk to you to understand your concerns. We may also talk to the provider, a worker, or anyone else who is affected or involved.
Next steps
If you are not happy with our response, you can raise your concerns with the Office of the Commonwealth Ombudsman. They can look at how we handled your complaint, but they can’t change our decision.
We aim to quickly respond to all issues reported to us. We can take any of these steps to address the issue:
- help you understand your rights
- support you to resolve the complaint with your provider
- work with you and the provider to find a solution
- require the provider to take certain actions
- help providers understand how they need to deal with your concerns
- look after a person with disability’s immediate safety, known as urgent safeguarding
- take compliance and enforcement action in serious matters
- refer you or your complaint to the right agency or authority.
Video transcript
When you report an issue to the NDIS Commission, we assess it against clear risk criteria.
Urgent safeguarding concerns are acted on quickly. Other matters are directed to the best place for appropriate action.
We'll let you know what happens next. And all information you provide helps us improve safety and quality across the NDIS.
Find out more at ndiscommission.gov.au.
Using your information to learn
We analyse the information we receive about concerns and issues. We do this even if we refer it to the provider or another agency. When we analyse that information, we learn more about:
- how providers are delivering support and services
- potential risks to NDIS participants.
Bertie is a 51-year-old who has bipolar disorder and complex post-traumatic stress. Bertie receives a range of NDIS supports, including support coordination and behaviour support. Bertie has been receiving support coordination through Patrick, an unregistered provider for three years.
When reviewing past invoices, Bertie noticed that Patrick has claimed for services that had been cancelled because of an overseas holiday. Bertie contacted the NDIS Commission as they felt they had been taken advantage of.
The NDIS Commission followed up with Bertie and found out they no longer use Patrick and have a new Support Coordinator. The NDIS Commission got consent from Bertie to contact Patrick and their new Support Coordinator. We explained that Bertie could remain anonymous for any discussions we had with Patrick.
The NDIS Commission investigated and found 2 similar complaints about Patrick’s conduct. We spoke to Patrick and although Patrick didn’t believe he’d breached any of his obligations, he was directed to look at the Code of Conduct. Specifically, the section that requires NDIS providers and workers to act with integrity, honesty and transparency.
We found that the situation with Bertie was low risk and didn’t require escalation. However, Patrick’s pattern of behaviour through the 3 complaints was a breach of the Code of Conduct and a warning letter was sent to Patrick.
If there’s a complaint about Patrick’s conduct in future, it will be considered in the context that we have already spoken to Patrick about the Code of Conduct and formally warned him about his breach.
Issues that become complaints
Some issues that are reported to us become a complaint. We use our prioritisation model to work out when to create a complaint.
We can use our regulatory powers when handling a complaint. Our regulatory powers include:
- investigating a provider or worker
- monitoring what a provider or worker is doing
- telling providers or workers to take specific actions, for example telling them to stop a particular support practice
- imposing penalties such as:
- banning providers or workers
- giving them infringement notices
- cancelling the registration of a registered provider.
We will use the full range of our regulatory powers to hold providers and workers to account when they are doing the wrong thing.
Blake receives support from Empower Solutions for personal care and meal preparation. This happens twice daily, and Empower Solutions sends a rotation of different support workers to cover those shifts. Jedda is a support worker for Empower Solutions who is often rostered to support Blake on weekend mornings.
Two weeks ago, Empower Solutions advised Blake that some support workers had left and there might be an interruption to their supports. Since then Blake has received twice daily supports Monday to Thursday, but only a morning visit Friday to Sunday. The support workers leave meals for lunch and dinner at the morning visit. But because no one comes in the evening, Blakes continence aid was not changed and Blake is left unchanged for 22 hours.
Jedda comes in on the weekend and is concerned about Blake’s health and wellbeing. Jedda raised this with Empower Solutions but was told they can’t do anything because they don’t have staff to cover the evening shifts.
Jedda reports this issue to the NDIS Commission. We talk to Jedda, then find the following:
- Empower Solutions is neglecting Blake.
- Empower Solutions has had multiple breaches in the past for similar conduct.
- Empower Solutions has previously received a compliance warning for neglect of a participant.
The NDIS Commission contacted Empower Solutions. We immediately safeguard Blake by confirming that they would receive all their agreed supports. We also direct Empower Solutions to lodge this situation as a Reportable Incident. The NDIS Commission conducts site visits at Empower Solutions sites which includes interviews with staff and participants.
The NDIS Commission escalates the complaint and starts compliance and enforcement action against Empower Solutions because:
- Empower Solutions have demonstrated a history of non-compliance.
- The available information indicates the conduct is intentional.
- The potential risk and alleged conduct are serious.
Information about complaints
When possible, we’ll let you know about our decision to take action. We also publish details about our actions at Search for banning orders and other compliance decisions.
If you disagree with our decision
If you’re unhappy with our decision on a complaint, you can ask us to review it. This is called a reconsideration.
To ask for a reconsideration:
• ask within 42 days of us telling you our decision
• call us on 1800 035 544 or email us at reconsideration@ndiscommission.gov.au.
• you can include your Complaint Reference Number (CRN) in your call or your email subject line.
We’ll still be able to help if you don’t know this number.
If you’re not happy with our response to a reconsideration, you can raise your concerns with the Office of the Commonwealth Ombudsman. They can look at how we handled your complaint, but they can’t change our decision.