The NDIS Quality and Safeguards Commission (NDIS Commission) has commenced civil penalty proceedings in the Federal Court of Australia against Oak Tasmania for contraventions of the National Disability Insurance Scheme Act 2013 (NDIS Act).

It is alleged Oak Tasmania failed to comply with its conditions of registration and with the NDIS Code of Conduct in providing supports and services in a safe and competent manner to a number of participants in its care.

Some of the alleged incidents include failing to provide access to adequately trained support staff, failing to properly manage risks to participants, failing to properly administer medical devices and medication, and failing to properly supervise an adolescent in their care.

The NDIS Commission also alleges Oak Tasmania failed on more than 600 separate occasions to report incidents, including incidents that involved serious injury and neglect, within the required timeframes under law.

Acting NDIS Commissioner Michael Phelan said allegations of conduct impacting the safety of NDIS participants, including the failure to report incidents, are taken very seriously by the NDIS Commission.

“The NDIS Code of Conduct applies to all providers and workers for very good reason; to keep everyone safe,” said Acting Commissioner Phelan.

“Providers must ensure their staff are properly trained and that any injuries or harm suffered by participants are promptly reported to the NDIS Commission as required under the NDIS Rules.

“The NDIS Commission will hold accountable any provider that does not comply with the law.”

This matter has been the subject of an extensive investigation by the NDIS Commission.

The NDIS Commission has filed an originating application and concise statement in the Federal Court (see Documents below).

The NDIS Commission is the national regulator of supports and services provided to people with disability who participate in the National Disability Insurance Scheme (NDIS).

The NDIS Commission has strong regulatory and compliance powers under Commonwealth law where suspected breaches of a provider’s obligations under the NDIS Act, including the NDIS Code of Conduct and the NDIS Practice Standards, are identified.

These powers include seeking civil penalties when a provider has allegedly failed to deliver supports and services in a safe and competent manner, with care and skill.

More information…