1.1
The Joint Standing Committee on the National Disability Insurance Scheme (the committee) was established by resolution of the House of Representatives on 4 July 2019 and by the Senate on 22 July 2019. The committee is composed of five members and five senators, and is tasked with reviewing:
(a)
the implementation, performance and governance of the National Disability Insurance Scheme (NDIS);
(b)
the administration and expenditure of the NDIS; and
(c)
such other matters in relation to the NDIS as may be referred to it by either House of the Parliament.
1.2
The committee is required to present an annual report to the Parliament on the activities of the committee during the year, in addition to reporting on any other matters it considers relevant.
1.3
The committee is also able to inquire into specific aspects of the NDIS.
On 23 June 2020, the committee decided to conduct an inquiry into the NDIS Quality and Safeguards Commission (Commission), with particular reference to:
(a)
The monitoring, investigation and enforcement powers available to the Commission, and how those powers are exercised in practice;
(b)
The effectiveness of the Commission in responding to concerns, complaints and reportable incidents – including allegations of abuse and neglect of NDIS participants;
(c)
The adequacy and effectiveness of the NDIS Code of Conduct and the NDIS Practice Standards;
(d)
The adequacy and effectiveness of provider registration and worker screening arrangements, including the level of transparency and public access to information regarding the decisions and actions taken by the Commission;
(e)
The effectiveness of communication and engagement between the Commission and state and territory authorities;
(f)
The human and financial resources available to the Commission, and whether these resources are adequate for the Commission to properly execute its functions;
(g)
Management of the transition period, including impacts on other commonwealth and state‑based oversight, safeguarding, and community engagement programs; and
Conduct of the inquiry
1.4
In accordance with usual practice, the committee advertised the inquiry on its webpage, and invited relevant stakeholders to make a submission to the inquiry by 31 July 2020. The committee later granted a number of extensions of time to submit on request by stakeholders.
1.5
The committee received 75 public submissions, which are listed in Appendix 2 and are available on the committee's webpage.
1.6
The committee held a number of public hearings dedicated to the inquiry into the Commission, as follows:
29 September 2020 via teleconference
13 October 2020 via teleconference
17 November 2020 via teleconference; and
1.7
Witnesses who appeared at the hearings are listed in Appendix 3.
1.8
Matters relating to the Commission were also discussed during a number the committee’s other public hearings held in 2019, 2020 and 2021, as well as during Senate Estimates and other committee inquiries.
1.9
Transcripts from all the committee’s hearings for the 46th Parliament, along with answers to questions on notice, are available on the committee's webpage.
Background to the inquiry
1.10
On 6 April 2020, Ms Ann-Marie Smith tragically died in her home in Adelaide, South Australia. Ms Smith was an NDIS participant. Inquiries into Ms Smith’s circumstances have asserted that Ms Smith’s death followed a prolonged period of neglect, during which Ms Smith had been living in ‘squalid and appalling circumstances’.
1.11
Early media attention concerning Ms Smith’s case highlighted a number of issues with the oversight and regulation of disability service providers, including by the Commission. Many of these were reflected in subsequent inquiry reports.
1.12
In light of these matters, the committee decided to conduct an inquiry into the Commission. This inquiry provided the opportunity for people with disability, families and carers, disability service providers, representative organisations and other key stakeholders to share their views regarding the effectiveness of the Commission in ensuring safe, quality services for people with disability.
Timing of the inquiry
1.13
At the time this inquiry commenced (23 June 2020), the Commission had been operating in New South Wales and South Australia for approximately two years, and in the Australian Capital Territory, Northern Territory, Queensland, Tasmania and Victoria for approximately one year.
1.14
The committee acknowledges that the Commission has only been operating in Western Australia from 1 December 2020. The committee further notes that the transition to full oversight by the Commission was delayed in certain areas. For example, in July 2020 the Victorian Office of the Public Advocate stated:
The NDIS Quality and Safeguards Commission (NDIS Commission) commenced operation in Victoria on 1 July 2019, however the transition to full scheme safeguarding arrangements is behind schedule and not yet complete (in large part due to delays [associated with arrangements for Specialist Disability Accommodation]). Consequently, OPA’s observations of, and interactions with, the NDIS Commission are limited. In addition, the COVID-19 pandemic and its related restrictions have forced the sector, and the NDIS Commission, to operate in unusual circumstances.
1.15
Nevertheless, the committee considered it timely to undertake an inquiry into the Commission, starting 23 June 2020. At the date of tabling this report, the inquiry has continued for approximately 17 months. This has allowed interested or concerned stakeholders to provide evidence to the committee regarding the operations of the Commission since its establishment.
1.16
Noting that full transition to Commission oversight was completed during this inquiry, the committee recognises that much of the evidence presented to the inquiry was based on experiences with the Commission during the periods in which jurisdictions were transitioning to the Commission's oversight, or in which the Commission had only recently commenced operations. Nevertheless, the committee considers that this evidence provides important insight into the work of the Commission and the experiences of people with disability, their families and advocates, and the disability sector in dealing with the Commission over this time. The committee has also endeavoured to acknowledge changes in the Commission's polices or practices where the committee is aware that changes have been implemented.
Structure of the report
1.17
The report is divided into 11 chapters:
Chapter 1 (this chapter) provides general information about the inquiry.
Chapter 2 provides background to the NDIS and the Commission, as well as other relevant inquiries.
Chapter 3 discusses communication and engagement activities of the Commission.
Chapter 4 looks into the Commission's compliance and enforcement activities.
Chapter 5 reviews the Commission's role in regulating NDIS providers through its registration function and in overseeing national worker screening.
Chapter 6 discusses the Commission's approach to complaints handling.
Chapter 7 considers the Commission's reportable incidents function.
Chapter 8 provides an overview of the Commission's behaviour support function and discusses the Commission's work regulating restrictive practices.
Chapter 9 discusses staffing and resources of the Commission.
Chapter 10 considers the Commission's market oversight function and calls for the Commission to play a greater role in overseeing and monitoring other systemic quality and safeguarding issues facing people with disabilities.
Chapter 11 provides some concluding remarks of the committee in relation to this inquiry.
Notes on terminology and references
1.18
References to submissions are to individual submissions to the committee’s inquiry into the NDIS Quality and Safeguards Commission, unless otherwise indicated. References to Committee Hansard are to official transcripts, unless otherwise indicated.
1.19
The committee acknowledges that there are a variety of terms used to reflect the diversity of Aboriginal and Torres Strait Islander cultures and identities. In this report, the term 'Aboriginal and Torres Strait Islander peoples' is used, with respect.
1.20
The committee also notes that some submitters and witnesses may refer to NDIS participants and other people with disability as 'clients' of particular services. This report may use the term 'client' when quoting from a submission or a hearing transcript. Otherwise, the report uses the terms 'participant', ‘person with disability' and ‘people with disability', with respect.
Acknowledgements
1.21
The committee thanks all those who contributed to the inquiry by lodging submissions, providing additional information or expressing their views via correspondence. The committee would also like to thank those who gave their time to attend the committee’s public hearings.
1.22
In particular, the committee acknowledges the people with disability, their families and carers who shared their experiences. The testimony of people with lived experience is crucial to identifying issues with the NDIS and improving the operation of the scheme.
1.23
The committee also acknowledges the cooperation of the Commission throughout the inquiry.