The NATIONAL DISABILITY INSURANCE SCHEME (more commonly referred to as the ‘NDIS’) is a critical framework in Australia designed to support individuals with disabilities.
NDIS PROVIDERS play a pivotal role in delivering services and supports to participants. However, NDIS Providers’ ability to maintain their required NDIS PROVIDER REGISTRATION is contingent upon those NDIS Providers demonstrating their ability to meet stringent standards and compliance requirements.
AUTHOR’S NOTE
This article delves into the circumstances and processes surrounding the revocation of NDIS provider registration in Australia. For other NDIS questions, please contact our office directly for a free consultation with a member of our experienced legal team.
This article does not provide legal advice. If you wish to seek legal advice, please arrange a free consultation as described above.
NDIS PROVIDERS are organisations or individuals approved to deliver a range of services to NDIS participants. These services can include therapeutic supports, personal care, community participation, and more. To become an NDIS provider, entities must undergo a rigorous registration process, which involves meeting specific criteria set by the NDIS Quality and Safeguards Commission (often, simply referred to as the ‘NDIS Commission’).
The NDIS Commission holds the authority to revoke the registration of an NDIS provider if they fail to comply with the necessary standards and obligations. The GROUNDS FOR REVOCATION are likely to include the following, however it is important to remember that this list may not be exhaustive:
NON-COMPLIANCE WITH NDIS PRACTICE STANDARDS
Providers must adhere to the NDIS Practice Standards, which outline the quality and safety requirements for delivering services. Non-compliance with these standards can lead to revocation.
BREACH OF CONDITIONS OF REGISTRATIONS
Providers are required to meet certain conditions as part of their registration. Breaching these conditions, such as failing to maintain adequate insurance or not providing required reports, can result in revocation.
FAILURE TO ADDRESS COMPLIANCE NOTICES
Providers are required to meet certain conditions as part of their registration. Breaching these conditions, such as failing to maintain adequate insurance or not providing required reports, can result in revocation.
SERIOUS INCIDENTS & COMPLAINTS
Providers must report serious incidents and complaints to the NDIS Commission. If a provider is found to have mishandled such incidents or failed to report them, it can lead to revocation.
FINANCIAL VIABILITY
Providers must demonstrate financial viability to ensure they can deliver services sustainably. If a provider is found to be financially unstable, their registration may be revoked.
The process of revoking an NDIS provider’s registration involves several steps to ensure fairness and transparency. This is typically a four-step process, involving the following processes (respectively):
STEP 1: Investigation & Assessment
The NDIS Commission is responsible for conducting an INVESTIGATION AND ASSESSMENT to determine whether the provider has breached their obligations. This investigation and assessment may involve reviewing documentation, conducting interviews, and inspecting service delivery.
STEP 2: Notice of Intention to Revoke
If the NDIS Commission find sufficient grounds for revocation, they will issue a NOTICE OF INTENTION TO REVOKE to the provider. This Notice will outline the reasons for the proposed revocation; and will provide the provider with an opportunity to respond.
If you or your business have received a Notice of Intention to Revoke, it is crucial to seek urgent legal assistance to better your prospects of obtaining a preferred outcome. Our office can assist you – just contact us as soon as possible.
STEP 3: Provider’s Response
After receiving a Notice of Intention to Revoke, the provider has the right to respond. THE PROVIDER’S RESPONSE can include evidence or arguments to contest the proposed revocation. The response period is typically 28 days from the date of the Notice, meaning it is important to seek legal counsel early so you understand what is needed to protect your interests, before the time passes you by.
STEP 4: The Decision
After considering the provider’s response, the NDIS Commission makes a final decision. If the decision is to revoke the registration, the provider will receive a Notice of Revocation, which includes the effective date of revocation and the reasons for decision.
When an NDIS provider receives a Decision, it can be daunting and very stressful. The following Frequently Asked Questions have been identified and responded to by members of our experienced legal team, for your consideration.
What Happens If My Provider Registration Is Revoked?
The revocation of NDIS provider registration has significant implications for the provider. Revocation means the provider can no longer deliver NDIS-funded services, which can impact their business operations and reputation. As such, it is important you receive professional assistance if you or your business has received a revocation notice or decision.
Can I Appeal My NDIS Provider Revocation, After The Decision?
Yes, you can! Providers have the right to appeal the decision to revoke the registration. Appeals can be made to a Tribunal, which will review the decision and determine whether it should be upheld or overturned. Please contact us if you have received an unfavourable NDIS decision.
If you have received a Decision in relation to your NDIS Provider Registration, you should contact our office at Sambi Legal for a free Initial Consult with a lawyer; who can provide further insight, on the basis of your unique circumstances.
In Queensland, the BLUE CARD system is a critical component of child protection, ensuring that individuals working with children undergo a thorough screening process.
The Blue Card, issued by Blue Card Services, is mandatory for anyone working or volunteering in child-related environments. However, there are instances where an application for a Blue Card may be refused, or an existing Blue Card may be suspended or cancelled.
The primary objective of the Blue Card system is to safeguard children from harm. Consequently, Blue Card Services conducts a rigorous assessment of an applicant’s criminal history, professional conduct, and other relevant information. Common REASONS FOR REFUSAL, suspension, or cancellation include:
CRIMINAL HISTORY
If an applicant has a CRIMINAL HISTORY, particularly involving offences against children, sexual offences, or violent crimes, their application is likely to be refused. Even charges that did not result in a conviction can be considered if they indicate a potential risk to children.
PROFESSIONAL MISCONDUCT
Instances of PROFESSIONAL MISCONDUCT, especially in roles involving children, can lead to refusal or cancellation. This includes disciplinary actions taken by professional bodies or previous employers.
SERIOUS OFFENCES
Certain SERIOUS OFFENCES automatically disqualify an individual from obtaining a Blue Card. These include, but are not limited to, murder, rape, and other serious sexual offences.
NEGATIVE NOTICES
If an individual has previously been issued a NEGATIVE NOTICE, which indicates that they are not eligible to hold a Blue Card, any subsequent applications are likely to be refused unless there has been a significant change in circumstances.
When Blue Card Services receives an application for a Blue Card, they undertake a comprehensive assessment process – sometimes referred to as the DECISION-MAKING PROCESS.
This process may involve a review of an applicant’s criminal history, a comprehensive risk assessment, and consultations with relevant bodies such as previous employers and other relevant organisations. Based on the information gathers, Blue Card Services will make a decision to either issue a Blue Card, issue a Negative Notice, or request further information from the applicant.
PREVIOUSLY DISQUALIFIED APPLICANTS
It is important to note that a disqualified person may still apply to Blue Card Services for an Eligibility Declaration in order to get a Blue Card. Until an Eligibility Declaration is obtained, a disqualified person cannot apply for a Blue Card. For an Eligibility Declaration to be issued, the disqualified person must meet strict criteria.
If you believe you may be a disqualified person and desire a Blue Card, you should contact experienced legal professionals to assist in this. Contact us today, to redeem your free initial consult with our team at Sambi Legal.
Individuals who have their Blue Card application refused or their existing Blue Card suspended or cancelled, are able to request a review of the decision by the Queensland Civil and Administrative Tribunal (more commonly referred to simply as ‘QCAT’). This must be done within 28 days of receiving the decision notice.
If you decide to seek a review of a decision to refuse, cancel, or suspend a Blue Card; there will be four steps to undertake:
STEP 1: Application for Review
The individual must lodge an APPLICATION FOR REVIEW with QCAT, outlining the grounds for the review and providing any supporting evidence.
STEP 2: Preliminary Hearing
QCAT may hold a PRELIMINARY HEARING to determine the scope of the review and any procedural matters.
STEP 3: Formal Hearing
A FORMAL HEARING is conducted where both the individual and Blue Card Services present their cases. This includes presenting evidence, calling witnesses, and making submissions.
STEP 4: Decision
QCAT will make a DECISION based on the evidence presented. They may confirm the original decision, set it aside, or vary it.
Navigating the Blue Card system can be complicated, and daunting. We recommend contacting a legal professional experienced in the area before lodging any application; in order to gain a stronger understanding of your circumstances, or to engage their assistance in preparing the application (or providing general assistance) as needed.
Contact our team at Sambi Legal today to redeem a free Initial Consult – just remember to mention this article!
The WORKING WITH CHILDREN’S CHECK (more commonly merely referred to as a ‘WWCC’) is a crucial safeguard in Victoria, designed to protect children from harm by ensuring that individuals who work or volunteer with children are thoroughly vetted. However, there are instances where an application for a WWCC may be unfairly refused, or an existing check may be cancelled without proper reasoning.
Understanding the grounds for refusal or cancellation, the process involved, and the options available for review or appeal is essential for anyone affected by such decisions.
A refusal or cancellation of a WWCC can have significant consequences, including employment restrictions, damage to reputation, and other legal obligations. It is crucial for those impacted to understand the rationale behind such determinations and be aware of the appropriate course of action to take thereafter.
The Department of Justice and Community Safety in Victoria is responsible for administering the WWCC. The decision to refuse or cancel a WWCC is not taken lightly and is based on a thorough assessment of the applicant’s or cardholder’s suitability to work with children and any risks they may pose. Common REASONS FOR REFUSAL OR CANCELLATION include:
CRIMINAL HISTORY
If an individual has a CRIMINAL HISTORY that includes serious offences such as sexual offences, violent crimes, or drug-related offences, their application may be refused, or their existing check may be cancelled. The nature and severity of the offence, the time elapsed since the offence, and the individual’s behaviour since the offence are all considered.
PROFESSIONAL MISCONDUCT
Instances of PROFESSIONAL MISCONDUCT, especially in roles involving children, can lead to refusal or cancellation. This includes disciplinary actions taken by professional bodies or regulatory authorities.
OTHER RELEVANT INFORMATION
Any other RELEVANT INFORMATION that raises concerns about the individual’s suitability to work with children, such as adverse findings in family law proceedings or intervention orders, can also be grounds for refusal or cancellation.
If an individual disagrees with the decision to refuse or cancel their WWCC, they have the option to escalate the matter through REVIEW AND APPEAL, which will follow the process outlined below in accordance with the specific circumstances of that individual’s matter.
STEP 1: Internal Review
The first step is to request an INTERNAL REVIEW by the Department of Justice and Community Safety. This involves submitting a written request outlining the reasons for the review and providing any additional information or evidence that may support the case. The internal review is conducted by a different officer who was not involved in the original decision.
STEP 2: External Review
If the internal review does not result in a favourable outcome, the individual can apply to the Victorian Civil and Administrative Tribunal (or ‘VCAT’) for an external review. VCAT is an independent tribunal that can review the decision and make a determination based on the evidence presented. The application to VCAT must be made within 28 days of receiving the internal review decision.
STEP 3: Judicial Review
In some cases, it may be possible to seek a JUDICIAL REVIEW of the decision in the Supreme Court of Victoria. This is a more complex and costly process, typically reserved for cases where there are significant legal or procedural issues. It is important to note that should you pursue judicial review, the court reviewing the matter will likely be unable to make a ‘fresh’ decision. Rather, if you are successful in the review, they will remit the matter back to the Department of Justice and Community Safety to reassess make a new decision properly..
When preparing for a review or appeal, it is essential to gather and present all relevant information and evidence that supports the case. This may include:
Contact our team at Sambi Legal today to redeem a free Initial Consult, and discuss how an experienced legal team can support you throughout this process.
The WORKING WITH CHILDREN’S CHECK (more commonly merely referred to as a ‘WWCC’) is a vital protective measure in New South Wales, aiming to shield children from harm by meticulously screening individuals involved in work or volunteering with them. Despite its importance, there are occasions when an applicant’s WWCC request may be denied, or an already issued WWCC may be revoked.
A refusal or cancellation of a WWCC can have significant consequences, including employment restrictions, damage to reputation, and other legal obligations. It is crucial for those impacted to understand the rationale behind such determinations and be aware of the appropriate course of action to take thereafter.
The Office of the Children’s Guardian (or the ‘OCG’) in New South Wales is responsible for administering the WWCC. The decision to refuse or cancel a WWCC is not taken lightly and is based on a thorough assessment of the applicant’s or cardholder’s suitability to work with children and any risks they may pose. Common REASONS FOR REFUSAL OR CANCELLATION include:
CRIMINAL RECORD
If an applicant has a CRIMINAL RECORD that includes serious offences, particularly those involving children, their application may be refused. This includes convictions for sexual offences, violence, or drug-related crimes.
DISCIPLINARY PROCEEDINGS
If an individual has been the subject of DISCIPLINARY PROCEEDINGS by a professional body, such as a teaching or medical board, this may impact their WWCC status.
RISK ASSESSMENT
The OCG conducts a RISK ASSESSMENT to determine whether an individual poses a risk to the safety of children. This assessment considers various factors, including the nature and circumstances of any offences, the time elapsed since the offences, and the individual’s behaviour since.
FALSE OR MISLEADING INFORMATION
Providing FALSE OR MISLEADING information in the WWCC application can lead to refusal or cancellation.
When the OCG decides to refuse or cancel a WWCC, the individual will receive a notification outlining the reasons for the decision. This notification will also inform the individual of their right to seek a review of the decision.
If an individual disagrees with the decision to refuse or cancel their WWCC, they have the option to escalate the matter through REVIEW, which will follow the process outlined below in accordance with the specific circumstances of that individual’s matter.
STEP 1: Internal Review
The first step in challenging a refusal or cancellation is to request an INTERNAL REVIEW by the OCG. The individual must submit a written request for an internal review within 28 days of receiving the notification. The request should include any additional information or evidence that may support the individual’s case.
During the internal review, the OCG will re-examine the decision, considering any new information provided. The outcome of the internal review will be communicated to the individual in writing.
STEP 2: NSW Administrative & Civil Tribunal Review
If the internal review upholds the original decision, the individual has the option to seek a further review by the NSW Civil and Administrative Tribunal (or ‘NCAT’). The application to NCAT must be made within 28 days of receiving the outcome of the internal review.
NCAT is an independent body that reviews administrative decisions made by NSW government agencies. During the NCAT review, the individual can present their case, including any new evidence or arguments.
When lodging an NCAT application, an applicant must articulate the grounds for the review and should include supporting evidence. The NCAT review process will likely culminate in a formal hearing in which both the applicant (or their representative) and the OCG present their case and make submissions. NCAT will consider the merits of the case and make a determination.
When preparing for a review or appeal, it is essential to gather and present all relevant information and evidence that supports the case. This may include:
Navigating the review process can be complex, and seeking legal assistance is advisable. We at Sambi Legal can help you understand your rights, prepare your case, and represent you during the review process. Contact our team at Sambi Legal today to redeem your free Initial Consult, and discuss how our experienced legal team can support you throughout this process.
If you are unhappy with a Decision you’ve received from the National Disability Insurance Scheme (‘NDIS’), you may be considering engaging in an NDIS APPEAL. It’s important to know that if you do decide to proceed with an NDIS Appeal, you may need to prepare for a difficult journey. With so much going on, it can be easy to get lost in your matter – especially, if you aren’t supported by the right legal team for you.
To ease some of these concerns, Sambi Legal’s experienced NDIS lawyers have prepared the following insights to highlight and clarify the KEY ELEMENTS OF NDIS APPEALS.
EVIDENCE plays a crucial role in NDIS appeals. It is important to gather comprehensive and relevant evidence to support your case. This may include medical reports, assessments, and other documentation that demonstrates your need for the requested supports or services.
A good legal team will help you identify and gather the necessary evidence, ensuring that your case is well-supported.
TIMELINESS is crucial in NDIS appeals. There are strict deadlines for requesting reviews and filing appeals, so it is important to act quickly.
Your lawyers should ensure that all deadlines are met, helping you navigate the process efficiently and effectively. If you don’t feel confident that your lawyers have done this, you should contact alternative legal representatives for their opinion and advice.
Preparing for the your HEARING at the Administrative Reviews Tribunal (the ‘ART’) is a critical step in the Appeals process.
Our lawyers agree that it is vital for your legal representation to work hand-in-hand with you to develop a strategy, prepare your testimony, and ensure that all necessary documentation is submitted. A strong legal team will also make sure you are confident and comfortable in your lawyer’s ability to represent you at the Hearing, presenting your case effectively and advocating for your rights so that you don’t have to.
Returning to normalcy AFTER THE HEARING can be an intense emotional experience, no matter the circumstances.
Our team at Sambi Legal have curated an approach to NDIS matters that focuses on our client’s ongoing best interests – meaning the support doesn’t end just because the Hearing does.
After the hearing, we will continue to support you, following up on the outcome and assisting with any necessary steps to implement the decision. Whether you receive a favourable outcome or need to pursue further action, our team is here to provide ongoing support and guidance personalised to your goals and desires.
Dealing with the NDIS (shorthand for the NATIONAL DISABILITY INSURANCE SCHEME) can get complicated, fast. When it comes to NDIS DECISIONS, fairness and justice are paramount.
At Sambi Legal, our dedicated team of NDIS lawyers is committed to providing comprehensive legal services to help individuals and families navigate the complex process of addressing NDIS refusals. We offer expert legal advice, strategic advice, and unwavering support to ensure your rights are protected and upheld.
Dealing with the NDIS (shorthand for the NATIONAL DISABILITY INSURANCE SCHEME) can get complicated, fast. When it comes to NDIS DECISIONS, fairness and justice are paramount.
At Sambi Legal, our dedicated team of NDIS lawyers is committed to providing comprehensive legal services to help individuals and families navigate the complex process of addressing NDIS refusals. We offer expert legal advice, strategic advice, and unwavering support to ensure your rights are protected and upheld.
Generally, the best thing to do is to contact a legal professional as soon as possible after you receive a Refusal. We at Sambi Legal understand the importance of having a strong advocate for your rights and well-being throughout each stage of the NDIS appeals process.
We have represented clients in NDIS reviews and appeals proceedings, working collaboratively with them to ensure their views are heard, their rights are upheld, and they receive the supports and services they deserve. Our team is well-versed in the review process, emphasising the accessibility, non-adversarial nature, and support services available during the review of NDIA decisions.
When it comes to better understanding what pathways you may follow if you proceed with an Appeal, there may be several options available to you, including:
Appealing the Decision by requesting an independent review from the Administrative Review Tribunal (‘ART’). Before accessing the NDIS Appeals Program, individuals need to have already applied to the NDIA for an internal review and received an outcome.
Seeking a judicial review through court proceedings.
Lodging a complaint with the NDIA.
Engaging in informal negotiation to resolve the dispute.
The second element of a binding contract is INTENTION. Essentially, intention refers to the requirement that the parties intended to be legally bound to the terms of the agreement; and that the nature of the agreement is not merely social.
In determining whether the parties had this intention, our office tends to start by considering the following factors comprehensively (although it’s important to remember that many other factors are often at play; and therefore may influence whether an agreement can be considered a Contract):
What the agreement is and whether it is of high value.
Whether the agreement was made socially or commercially.
The relationship between the parties.
The nature of the relationship, whether the parties are independent and have capacity.
Specifically, the conduct of the parties after the agreement has been made. This factor basically considers whether the parties, after forming an agreement, proceed to act in a way that suggests they considered that agreement to be legally binding after its formation.
The type of language used to form the contract.
If your friend offers to help you do some housework in exchange for lunch and you both agree, there is unlikely to be any intention for it to be legally binding – even though an offer has clearly been made and accepted, and therefore satisfies the definition of an agreement.
The process of appealing an NDIS decision can be daunting, but understanding each step can help you feel more confident and prepared. Our team at Sambi Legal has worked to break down the process into manageable steps and provide you with clear guidance at each stage.
Before escalating to an external appeal, you must request an internal review from the NDIA.
This step involves asking the NDIA to reconsider their initial decision. Our lawyers can help you prepare a compelling case for this internal review, increasing the chances of a favourable outcome.
If the internal review does not result in a satisfactory outcome, the next step is to file an appeal with the Administrative Review Tribunal (‘ART’). This appeal will result in a MERITS REVIEW.
The ART will conduct the Merits Review, which means they will re-evaluate the decision based on the evidence and arguments presented.
If you engage Sambi Legal, our lawyers will help you prepare and submit the necessary documentation, represent you at the hearing, and advocate for your rights throughout the entire Merits Review process.
In some cases, a JUDICIAL REVIEW may be necessary. This involves seeking a review of the Decision through Court proceedings.
Judicial Reviews are generally more complex than Merits Reviews, and require a thorough understanding of legal principles and procedures.
Our experienced lawyers are equipped to handle these cases and provide you with the legal support you need – and our Legal Practice Director specialises in Judicial Review, so you know you’re in the right hands.
Appealing through the review process outlined above can be daunting, and expensive… and often, unnecessary. There are alternative pathways to resolving your NDIS Decision, which experienced lawyers can also assist you with.
Lodging a complaint with the NDIA can be an effective way to address issues without formal appeals. Our team can assist you in drafting and submitting a complaint, ensuring that your concerns are clearly articulated and supported by evidence.
Engaging in informal negotiations to resolve disputes can often lead to quicker and less adversarial outcomes. Our lawyers can facilitate these negotiations, helping you reach a resolution that meets your needs without the need for a formal hearing.
Ultimately, your legal journey must be your legal journey. We recommend reflecting on your goals and motivations in appealing the Decision, to assist you in identifying the best approach for you.
Speak with a member of our team for free, and get a better understanding of your situation, by contacting us today.
