The NDIS Quality and Safeguards Commission ('NDIS Commission') handles complaints about services and supports provided by NDIS providers. They ensure services are delivered safely and meet appropriate standards. If you have concerns about NDIS providers, you can submit a complaint to the NDIS Commission.
What types of complaints can you make?
You can make a complaint if:
- Your rights to make choices or express your preferences are being ignored.
- Your privacy rights are not respected.
- Your rights to be treated fairly and equally, with safety and respect are not upheld, or if you do not receive good quality services that meet your needs, or if you do not have control over the services and support you get.
- You believe the NDIS provider has not acted with integrity, honesty, and transparency.
- You are concerned that the NDIS provider has not promptly taken steps to raise and act on your concerns.
- You believe the NDIS provider fails to prevent or respond to violence, exploitation, neglect, or abuse.
- You are concerned that the NDIS provider fails to prevent or address any incidents of sexual misconduct.
Jurisdiction:
The NDIS Commission can hear complaints about NDIS providers regardless of where they are located or where the problem occurred.
Time limitations:
There are no specified time limits for when you can make a complaint.
The Commission will not deal with complaints about:
- Actions taken by the National Disability Insurance Agency (NDIA), including decisions about eligibility, funding and supports included in a participant’s plan;
- Disability services or supports provided by an organisation which is not a NDIS provider, for example, health, education, or transport services; and
- Decisions of courts, tribunals, or coroners.
Who can you make a complaint against?
You can make a complaint about:
- NDIS Providers. This may include groups that assist with:
- Accommodation/Tenancy
- Travel/Transport arrangements
- Participation in community/social and civic activities
- Hearing or visual services
- Daily living and life skills
- Plan management
- Accessing and/or maintaining employment and/or education
You cannot make a complaint about:
- Non-funded services, such as in-kind supports (a contribution of a good or a service other than money) provided by a NDIS provider.
Are you eligible to make a complaint?
Anyone can make a complaint to the NDIS Commission about support and services provided by a NDIS provider.
Before you lodge a complaint:
- Try to discuss your concerns with the NDIS provider, if you feel comfortable.
- Contact the NDIS Commission for support, if you do not feel comfortable raising your concern directly with the service provider or are unable to resolve it with the service provider.
However, you do not need to speak to the NDIS provider before you make a complaint to the NDIS Commission.
Can I make a complaint on someone's behalf?
Anyone can make a complaint to the NDIS Commission on behalf of a person with a disability who is affected by the issue raised in the complaint.
What can this body do to help?
This body may provide:
- Resolution/direct the NDIS provider to undertake remedial action: The NDIS Commission can help to clarify issues and bring information to everyone’s attention so the matter can be resolved. The NDIS Commission can also direct the NDIS provider to undertake remedial action – that is, to fix the things that were raised as issues in the complaint.
- Conciliation: The NDIS Commission can help to organise a conciliation meeting to assist the involved parties in understanding the issues and reaching an agreement on resolving the complaint.
- Compliance action: The NDIS Commission may decide that an issue raised in a complaint is better dealt with through compliance action, including an investigation. This may result in banning orders, compliance notices and suspensions of registration.
- Referral to police: If the NDIS Commission identifies serious risks that is unlawful or criminal conduct, the matter will be referred to the police. The NDIS Commission will continue to handle the non-criminal elements of the complaint.
Explanation will be provided:
At the end of the complaint resolution process, the NDIS commission will explain to you, any person with disability affected by the complaint, and the NDIS provider:
- the decision;
- the information considered that led to the decision;
- any actions you or the NDIS provider agreed to take;
- and what you can do if you disagree with the decision.
How to prepare your complaint
You can lodge a complaint with the NDIS Commission in the following ways:
- Orally; or
- Filling out and submitting a complaint form through the NDIS Website.
You can use the National Relay Service if you have difficulties hearing or speaking.
Information to Provide:
- Respondent’s Details: Provider name and State/territory that the provider is in.
- Personal Details:
- First and last name;
- Telephone number;
- Email address; and
- Who you are in relation to the complaint (e.g. whether you are the person affected by the issue raised in the complaint or you are making a complaint on behalf of a person).
- Relevant Facts:
- The date and time the incident(s) happened;
- Outline the issues involved;
- Whether the complaint relates to a current service provider.
If you want to make an anonymous complaint, it is recommended you call the NDIS Commission and speak with the complaints team.
Lodging your complaint and next steps:
You can lodge a complaint by:
- Online: Complaint Contact Form
- Telephone: 1800 035 544 (free call from landlines) or TTY 133 677
- National Relay Service and ask for 1800 035 544.
Next steps:
- Acknowledgement: The NDIS Commission will let you know they have received the complaint unless it was made anonymously or the contact details of the person making the complaint were not provided.
- Consultation with you: The NDIS Commission will contact you to understand your concerns. If you are not the person with a disability affected by the issue raised in the complaint, the NDIS Commission will ask you whether the affected person with a disability requested or consented to you making the complaint. The NDIS Commission will seek their views and involve them in the process as much as possible.
- Written confirmation: The NDIS Commission will send you written confirmation of the issues in the complaint and the outcomes you are seeking.
The NDIS Commission will seek your (and the person with a disability affected by the issues in the complaint if this is not you) consent for passing this information to the NDIS provider who the complaint is against. - Consultation with the NDIS provider: The NDIS Commission will try to find ways to resolve the complaint. The NDIS Commission may request information and documentation from the NDIS provider to help clarify the issues raised in the complaint.
Reaching a resolution:
The NDIS Commission may:
- Help you to resolve the complaint yourself by explaining:
- Your rights and what is expected of NDIS providers;
- How to find an advocate to support you;
- How to complain to the NDIS provider (if you have not already done this); or
- How to contact another agency if they are better suited to deal with your complaint.
- Require the NDIS provider to undertake remedial action – that is, do things to fix the things that were raised as issues in the complaint;
- Invite you, the person with disability affected by the issue raised in the complaint and the NDIS provider to participate in conciliation; or
- Take compliance action against the NDIS provider.
More information:
Refer to the factsheet provided below for more information.
