⚠️ Disclaimer: Okie is not affiliated with the NDIS. We help NDIS participants find SDA homes. We do not provide investment services or advice.
⚠️ Disclaimer: Okie is not affiliated with the NDIS. We help NDIS participants find SDA homes. We do not provide investment services or advice.
New regulations introduce hefty fines and stricter enforcement to protect NDIS participants, holding providers accountable like never before.
by Dianne Martinez 2024-10-28 01:48:15
In an effort to improve safety and accountability for people using the National Disability Insurance Scheme (NDIS), the Australian government has proposed sweeping changes to the regulatory framework surrounding NDIS providers. As reported by The Sydney Morning Herald (Natassia Chrysanthos, October 28, 2024), these reforms include criminal prosecution options and substantial fines up to $15 million for NDIS providers who harm participants in their care.
Announcing these measures, Bill Shorten, the current Minister for the NDIS, highlighted a need to elevate protections for participants to levels comparable to those in the workplace. Under current workplace health and safety laws, the value assigned to a worker’s life has been estimated to be nearly 38 times that of an NDIS participant. According to Shorten, the proposed penalties will bring the treatment of harm or injury to NDIS users in line with workplace safety standards. Shorten stated, “Penalties for providers will increase from a maximum of $400,000 to in excess of $15 million when a participant is hurt or injured under the provider’s care.”
One of the most significant proposed changes is the increased power of the NDIS Quality and Safeguards Commission, the scheme’s independent regulator. Under the current framework, the Commission has only pursued two civil cases since its establishment, limiting its ability to enforce compliance effectively. However, the proposed laws will enable the Commission to refer providers for criminal prosecution if they fail to meet essential safety and compliance standards.
A recent example underscoring the need for stricter regulations occurred in April when the Commission concluded a case against regional NSW provider LiveBetter. The provider was fined $1.8 million after a tragic incident in which a young woman suffered fatal burns while in their care. The judge noted that LiveBetter had breached the NDIS Act 17 times, and imposed the penalty as a deterrent to prevent similar incidents.
According to the article, the increased fines and regulatory oversight aim to address some of the concerning practices that have undermined the NDIS in recent years. Shorten emphasized that “these changes are well overdue to ensure the watchdog has the powers it needs to keep dodgy providers out of the NDIS for good.”
The proposed changes will be introduced through new legislation, with a public consultation period beginning in November. Minister Shorten, who will leave parliament in February, has expressed a strong commitment to pushing through as many of these changes as possible before his departure. In August, his office introduced other reforms that clarified what the NDIS would and would not fund.
Additional proposed changes include scrapping the diagnosis list, which determines eligibility for the scheme, and implementing longer plans with capped budgets that release funds in intervals to better manage resources.
As these legislative changes move forward, Okie will continue to monitor the progress and potential impacts on providers, participants, and the broader NDIS community. We believe that these changes represent a significant step forward in ensuring that the NDIS remains a safe, supportive, and accountable program for all participants.
For those interested in learning more, the original report by Natassia Chrysanthos for The Sydney Morning Herald provides further insights into the upcoming reforms.
by Dianne Martinez 2024-10-28 01:48:15
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