What to expect from an own motion inquiry
When the Commissioner authorises an own motion inquiry, the Commissioner will determine the matters to be examined, and the specific objectives of the inquiry, also known as the terms of reference. NDIS providers that will be the subject of an inquiry may be given the opportunity to comment on the proposed terms of reference.
The scope of an own motion inquiry can vary from looking at a specific complaint or reportable incident involving one NDIS participant or one provider, to looking at a broad range of matters that affect many people with disability, or the practice of many providers.
The Commissioner may conduct an own motion inquiry using staff of the NDIS Commission, or the Commissioner may appoint a person external to the NDIS Commission to undertake the inquiry on behalf of the Commissioner. The Commissioner, or the person appointed by the Commissioner, will conduct the inquiry in accordance with the terms of reference determined by the Commissioner. The terms of reference will depend on the scope and purpose of the inquiry. An own motion inquiry could involve looking at documents and records only, or with the addition of interviews with or submissions from people directly involved in the matter.
At the end of an own motion inquiry, the Commissioner may prepare and publish a report setting out the Commissioner’s findings in relation to the inquiry.