Compliance and enforcement actions

On 22 May 2026 a banning order was made under section 73ZN (2)(a)(iii) of the National Disability Insurance Scheme Act 2013 prohibiting Benjamin Anthony Mario Fernandez for a period of three (3) years from providing , being involved, or assisting in the provision, to any NDIS participant, of any supports and/or services under a Participant’s plan and which: 

a. involves contact with NDIS participants, whether in a NDIS participant's home or elsewhere and/or 

b. involves Benjamin Anthony Mario Fernandez 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 Benjamin Anthony Mario Fernandez 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 from 5:00pm on 2 June 2026 and operates across all states and territories of Australia. 

In making this banning order against Benjamin Anthony Mario Fernandez, the delegate of the NDIS Commissioner had regard to Benjamin Anthony Mario Fernandez’s relevant criminal history.