Compliance and enforcement actions

On 12 February 2026 a banning order was made under section 73ZN(2)(b) of the National Disability Insurance Scheme Act 2013 (Cth) prohibiting Percy McCarthy from engaging in the following activities for a period of two (2) years: 

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: 

a. Involves unsupervised contact with NDIS participants, whether in an NDIS participant's home or elsewhere; and 

b. Involves you accessing or receiving an 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; 

• ‘Unsupervised’ means not requiring direct continuous supervision by a supervisor or senior colleague; 

• NDIS Participant means a participant within the meaning of section 9 of the NDIS Act; 

• NDIS Provider means an 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 at 5:00pm AEDT on 19 February 2026 and operates across all states and territories of Australia.