Functions of the NDIS Commissioner

All powers exercised by the NDIS Commission are vested in the NDIS Commissioner. The NDIS Commission’s function is to assist the Commissioner to exercise these powers. Commission staff routinely exercise powers delegated from the Commissioner.

The NDIS Commissioner has core functions set out in section 181E of the NDIS Act:

• upholding the rights of, and promoting the health, safety, and wellbeing of, people with disability receiving supports or services, including those received under the NDIS
• developing a nationally consistent approach to managing quality and safeguards for people with disability receiving supports or services, including those received under the NDIS
• promoting the provision of advice, information, education, and training to NDIS providers and people with disability
• securing compliance with the NDIS Act through effective compliance and enforcement arrangements
• promoting continuous improvement amongst NDIS providers and the delivery of progressively higher standards of supports and services to people with disability
• developing and overseeing the broad policy design for a nationally consistent framework relating to the screening of workers involved in the provision of supports and services to people with disability
• providing advice or recommendations to the NDIA or the NDIA Board in relation to the performance of the NDIA’s functions
• engaging in, promoting, and coordinating the sharing of information to achieve the objectives of the NDIS Act
• providing NDIS market oversight, including:

– by monitoring changes in the NDIS market which may indicate emerging risk

– by monitoring and mitigating the risks of unplanned service withdrawal.

In addition, the NDIS Commissioner has functions set out in the NDIS Act related to:

• registration and reportable incidents
• complaints
• behaviour support.

In addition to powers set out in the NDIS Act, the NDIS Commission’s activities are prescribed through a series of Rules.

Powers of the NDIS Commissioner

The NDIS Act provides the NDIS Commissioner with compliance and enforcement powers so that the NDIS Commission can promote best practice among NDIS providers and respond to risk to NDIS participants.

We work with NDIS providers so they comply with their quality and safeguards requirements, which includes their engagement with education and training surrounding their obligations.

We also investigate complaints and reports of non- compliance with the NDIS Practice Standards, NDIS Code of Conduct and other quality and safeguards requirements where they apply.

We have the power to investigate alleged breaches by NDIS providers and their workers of the NDIS Act and Rules. We can impose sanctions including, in the most serious cases, banning workers and providers, and de-registering providers.

In exercising our compliance, investigation and enforcement powers, we adhere to the requirements of procedural fairness, which means the NDIS Commissioner and staff of the NDIS Commission will:

• avoid actual and perceived conflicts of interest and act in an impartial and objective manner
• afford a person an opportunity to be heard before making a decision affecting their interests.

The NDIS Commissioner is required to publish an NDIS Provider Register, which includes information about the registration arrangements for providers. If a provider’s registration is subject to a condition or has been suspended, or if a person is subject to a compliance notice or banning order, the NDIS Act requires this information be published on the NDIS Provider Register.

The NDIS Commissioner is required to conduct compliance and enforcement activities in a risk responsive and proportionate manner. The NDIS Commissioner’s monitoring, compliance, investigation and enforcement powers are proportionate and comparable to other Commonwealth regulators.