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. 

In making this banning order against Malcolm Esrom KYLE, the delegate of the Commissioner had regard to relevant criminal history including convictions for offences committed from 1992 to 2024. Convictions include for offences of ‘common assault’, ‘taking part in an unlawful assembly’, ‘rape’ and ‘breach of domestic violence order’.