Responsibility: Australian, state and territory governments
Joint Response: Accept in principle
Status: Further work required
What has been achieved to date
All governments remain committed to working together to progress this recommendation.
The NDIS Quality and Safeguards Commission (NDIS Commission) is undertaking a review of Commissioner-made NDIS Rules and NDIS Practice Standards, which have not undergone a comprehensive review since their introduction. This review will consider the recommendations of the Disability Royal Commission.
What the Disability Royal Commission said in the final report
a) The Minister for the National Disability Insurance Scheme (NDIS) should, in consultation with states and territories, amend the National Disability Insurance Scheme (Incident Management and Reportable Incidents) Rules 2018 (Cth) and National Disability Insurance Scheme (Complaints Management and Resolution) Rules 2018 (Cth) to include a requirement for NDIS providers to consider redress and forms of support to an NDIS participant where the NDIS Quality and Safeguards Commission (NDIS Commission) forms the view that the service provider bears responsibility for the violence, abuse, neglect or exploitation experienced by the NDIS participant.
b) The NDIS Commission should:
- provide practical advice on suitable forms of redress when making the guideline on accessible and responsive complaint handling and investigative practice (see Recommendation 10.15)
- consider whether it has power to incorporate in enforceable undertakings a requirement that service providers afford redress to NDIS participants in appropriate cases. If not, it should seek the necessary powers and be prepared to use them where appropriate.
Joint Government response July 2024
The Australian Government and state and territory governments acknowledge the Disability Royal Commission’s findings that NDIS providers have failed to provide a written apology or discuss any form of redress when people with disability, for whom they were responsible, experienced violence, abuse, neglect or exploitation.
The NDIS Commission will work with states and territories, people with disability, NDIS providers and other key stakeholders to investigate the practical application of this recommendation, including consideration of legal and regulatory implications.
More recommendations
View progress on other recommendations made by the Royal Commission.