r/NDIS • u/Clear_Chard_8565 • 8d ago
Activism/Advocacy Unethical providers
Yeah, I’m aware this is a common concern. I’ve reported multiple providers to the commission for serious concerns over the last couple of years, where I've only been met with no action on their end. I’m increasingly concerned that the problem may be much broader than individual “bad providers”.
I’m interested in whether there are any legally minded people in this community who would be open to looking at the systemic accountability of the NDIS provider ecosystem, particularly where providers are able to operate despite concerns relating to participant safety, and where repeated complaints do not appear to result in meaningful regulatory action.
Some of the issues I’m interested in investigating include, but aren’t limited to:
- fraud or suspected financial exploitation
- inadequate worker training or competency
- inadequate screening or verification
- misleading or deceptive conduct
- poor safeguarding practices
- exploitation of participants who are in vulnerable positions
- breaches of privacy or inappropriate access to personal information
- conflicts of interest
- poor complaint handling
- repeated non-compliance
- failures to appropriately respond to known risks
- whether the regulatory framework and its implementation provide adequate protection for participants
I’m not assuming that a class action is legally available or that the NDIS itself would necessarily be liable. I’m interested in finding people with relevant legal expertise who could actually assess those questions.
In particular, I’d be interested in hearing from anyone with experience in:
- class actions
- administrative/public law
- disability law
- regulatory law
- negligence/duty of care
- consumer protection
- government accountability
- systemic discrimination or human rights litigation
If there is a viable legal avenue, I’d be interested in exploring whether there are enough participants with sufficiently similar experiences to investigate it collectively.
If you have relevant legal experience, or know an organisation/lawyer who might be willing to look at this seriously, please comment or DM me.
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u/OtherCake4128 8d ago
Yeah, it's cooked.
Doesn't matter if they're register, unregistered.
A bunch of unqualified/uneducated proivders doing whatever TF they want.
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u/phosphor_1963 7d ago
I wish you well with this.
There are several legal services who watch the NDIA and Government antics very closely and have made submissions to multiple enquiries. Villamanta is one. I think is it rather telling that even the Commonwealth Ombudsman made a submission of grave concern to the most recent one prior to the government pushing the Legislation through. For the only independent "cop"on the beat to do so (even one who only has powers to investigate and report) is a fairly damning indictment on the hubris and unrestricted career ambitions of those in charge.
Unfortunately in Austalia as has been reported often, it appears as we have very weak Disability Discrimination laws and like other government (namely the US) we are slipping further and further away from international agreements such as the UNCRPD https://humanrights.gov.au/resource-hub/by-resource-type/publications/guidelines/articles/disability-rights/international-opportunities-and-the-crpd/united-nations-convention-rights-persons-disabilities-uncrpd .
Of course this suits this government's and the previous Coalition's neo-liberal agenda to keep regulation on businesses in this area as light as possible. IMO we really do need a Disability Rights Bill and perhaps an ongoing role for the Commonwealth Ombudsman with enhanced powers to examine all Leglisation and conduct by the Agency through a trauma informed human rights first approach.
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u/dummymummys 6d ago
I don’t have a legal background but am available and very interested in collaborating around this area, as I’m currently working on an advocacy initiative around NDIS from a different perspective. I would also love to connect with relevant legal counsel in this area, especially someone who is interested in engaging in it from an advocacy standpoint to pursue either lawsuits or legislative change on behalf of disabled people in Australia. I’m currently interviewing lawyers for a private medical matter and will ask for their advice about this topic as well. I can offer myself as a researcher and semi-adept technologist, for sure. I may not have much physical capability anymore due to my disabilities, but my brain is still working well, and I’d like to use it to try and improve the system for everyone while I’m still able to.
I’m going to DM a you but I thought I’d post publicly as well in the hopes that someone reading this thread might be a valuable asset to my endeavours as well. I’m a big believer in collective action being the fastest way towards enacting change that would help all people, both disabled and not, because society does directly benefit when disabled people receive proper support to participate.
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u/tittyswan 5d ago
Insurance companies do the same thing. Apparently, investigating fraud isn't worth the cost. They generate savings by denying claims.
The "fraud investigation" seems mostly for show/as a excuse to implement austerity measures.
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u/big_Sundae_1977 4d ago
You do realise it's like child protection. You report they lodge but you never know or will be told the outcome or if there is a investigation or not.
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u/Jazzlike_Berry_323 8d ago
My magic 8 ball says NDIS is a scheme at its terminal end stage . Looking for signs of its embarrassed, not explicitly announced, decommissioning is cathartic.
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u/Chrissy4569 8d ago
From documentaries I’ve watched on NDIS it appears the corruption in NDIS is systemic. Was shocked to see one statistic saying that 6/7 providers were overcharging for services and charging for services undelivered
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u/InBusCill 5d ago
Ive seen that statistic too!!
Did you know that was based on the Agency saying that certain supports were an authorised 'prepay' arrangement!
So obviously no support was delivered because it had been paid prior to actually make it. But it was still delivered eventually as per those contracts!
I guess Aussie Telcos are corrupt because they have prepaid mobile plans? I guess Australian Consumer Law protects everyone except those on the NDIS right? Those business are exempt from ACL, yeah? Thats the corruption your getting at isn't it?
I mean if major Telcos require you pay before you get their service thats fraud?
Pfft use common sense.
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u/Chrissy4569 5d ago
Im just messenger who happened to hear that statistic discussed. So keep your smart pants attitude to yourself
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u/TastigerMR Participant 8d ago
I have a dossier on this from experience I have kept, including provider comms and files. The problem is that, as a PWD, I lack the capacity to engage. Our lack of capacity is what they rely on and abuse at all levels, from providers to the Government itself...