Compliance and enforcement actions

On 2 March 2026 a banning order was made under section 73ZN(2)(a)(iii) of the National Disability Insurance Scheme Act 2013 permanently prohibiting Malcolm Esrom KYLE from:

1. Providing or being involved or assisting in the provision, to any NDIS Participant, of any supports and/or services under a Participant’s Plan and which:
   1. involves contact with NDIS participants, whether in a NDIS participant's home or elsewhere, and/or
   2. involves Malcolm Esrom KYLE accessing or receiving a NDIS participant's personal or financial information.

In this instance:

• 'contact' means face-to-face contact, oral communication, written communication or electronic communication, where you are physically touching the participant, speaking with, or building a rapport with the participant
• NDIS Participant means a participant within the meaning of section 9 of the NDIS Act
• NDIS Provider means a NDIS Provider within the meaning of section 9 of the NDIS Act, and
• Participant’s Plan means a plan within the meaning of section 9 of the NDIS Act. 

The banning order takes effect on 2 March 2026 at 5:00PM and operates across all states and territories of Australia. 

The delegate of the Commissioner had regard to Malcolm Esrom KYLE’s criminal history when issuing this banning order.