Infringement Notice – A compliance and enforcement tool available to the NDIS

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Monitoring and compliance is important to the NDIS Quality and Safeguards Commission’s work as a regulator. It is one of the ways that the NDIS Commission can encourage best practice among NDIS providers and manage risk to NDIS participants.

In this context, one of the compliance and enforcement tools available to the NDIS Commission is to issue an infringement notice. Infringement notices are a timely and efficient means for the NDIS Commission to respond to breaches of the NDIS Act.

The types of compliance matters for which the NDIS Commission can give infringement notices concern:

  • Failure of an NDIS provider to be registered to provide certain supports
  • Providing false or misleading information when applying for registration as an NDIS provider
  • NDIS provider breaching a condition of its registration
  • Former registered NDIS provider failing to keep records
  • NDIS providers or workers not complying with their obligations under the NDIS Code of Conduct
  • NDIS providers or workers breaching notices or orders issued by the NDIS Commission
  • Causing or threatening detriment to a person because of a protected disclosure

The NDIS Commission’s power to give an infringement notice is discretionary and offers an alternative to taking court action in relation to the breach.

To find more detail on;

  • What is the Content of an infringement notice?
  • How to respond to an infringement notice?
  • Withdrawal of notice
  • Recordkeeping and publication
  • Provisions of the NDIS Act subject to an infringement notice and penalty amounts
    • What to expect if you choose not to pay the infringement notice amount?

Visit the page here.

Besides that the NDIS Commission Compliance and Enforcement Policy, provides more information about the approach of the NDIS Commission to maximise compliance with the Act, and outlines the NDIS Commission’s compliance and enforcement functions, strategies and tools.

The number 1 rectification we see during a NDIS Commission quality audit as well is a lack of proper implementation of policies, procedures and documentation into provider’s businesses. Without evidence of the policies being implemented, your policies and documentation is not worth the paper it is written on.

We at PROVIDERplus have specifically designed a course (Click here) to explain the steps required to take policies and procedures and successfully implement these into your business. 

Register today and be successful with your ongoing NDIS compliance requirements