Compliance and enforcement actions

On 29 January 2026 a permanent banning order was made under section 73ZN(2)(b) of the National Disability Insurance Scheme Act 2013 prohibiting Dwayne William SMITH from: 

• engaging in any activities that would be delivering supports and services to NDIS funded participants; or 

• engaging in activities in a non-service and non-support delivery role as a provider or worker, to the extent that those activities have a direct effect on the provision of NDIS funded supports or services to people with disability in the NDIS. 

The banning order is effective from 5:00pm AEDT on 13 February 2026 and operates across all states and territories in Australia. 

The banning order was made on the basis that a delegate of the Commissioner had regard to Dwayne SMITH’s criminal history.