NDIS watchdog slammed for 'snail's pace' response to complaints

Disability sector workers say lives are being put at risk due to the NDIS watchdog's failure to act on serious safety complaints in one of Australia's remotest regions.

More than two years ago, support coordinator and senior social worker Stuart Morris started becoming suspicious about the care his client Jamie* was receiving at a disability home in Western Australia's Kimberley region.

Mr Morris helped connect Jamie, who lives with a complex disability, with NDIS providers in the region.

At the time, Jamie was a respite participant at a supported independent living (SIL) group home run by registered NDIS provider Yadah Care Services (YCS).

In 2024, a visit to the home by Mr Morris's colleague triggered an allegation of serious misconduct by YCS to the NDIS Quality and Safeguards Commission.

The complaint, seen by the ABC, alleged that Jamie, who needed a hospital-style bed, was placed on a "cheap bed" with no pressure mattress, no crash pads and no monitor for Jamie to call for help if needed.

"If Jamie fell to the ground and no-one heard it, there is potentially lethal risk there," Mr Morris said.

Photographs showing bloody bite marks and a pressure sore on Jamie's body were sent to the commission.

The ABC has seen the images but is not publishing them for privacy reasons.

The complaint alleged the injuries occurred due to a lack of overnight supervision and inadequate care by YCS.

"[Jamie was] clearly quite distressed. When distressed, they would bite themselves, and that was evident. It was quite bad," Mr Morris said.

"There was a wound to Jamie's foot that was caused by the wheelchair footplates and then it had progressed to a pressure injury, which ulcerated.

"That would have been exacerbated by having Jamie on the wrong mattress on the wrong bed."

Mr Morris said he was shocked by YCS director's response to questions about Jamie's supervision.

"The staff were reported not to want to go in there because they thought Jamie was possessed," he said.

In emails seen by the ABC, YCS's director said staff had concerns Jamie appeared "possessed" at night.

"Unfortunately, if staff feel overwhelmed to be close to Jamie when Jamie has those presentations, I can not force them as I have a duty of care to protect their mental wellbeing when I can," an email read.

YCS told the ABC it could not comment on the matter due to privacy restrictions.

In previous email correspondence to those involved in the complaint, including Mr Morris, YCS denied allegations of inadequate care, saying it had reported the injuries and monitored Jamie overnight.

"We spoke about Jamie's heel wound and I even showed [people involved in the complaint] the photos taken on the day it happened," the director said.

"In our house Jamie's night as we all know are awake shifts, therefore staff monitor Jamie overnight."

While Jamie is no longer living at the respite home, Mr Morris said he was outraged that no action had appeared to have been taken after the complaint was sent.

"When you're offering them reports like I have, that are so well evidenced, there's photographic evidence, and you have the provider trying to rebut … I cannot understand why that hasn't been followed up on,"

he said.

"If it has been followed up on, I cannot understand why that didn't come back to the people who made the complaints and offer some reassurance."

Concern complaints falling through the cracks

Mr Morris's experience is one of dozens heard by the ABC over the last two years in the Kimberley region.

Workers, advocates and families say their allegations of sharp practice, fraud and neglect have led nowhere.

During a visit in 2024, the watchdog recorded serious concern for people with disabilities who had been lured into "dodgy" services with incentives such as roast chicken, cash and laptops.

According to data obtained by the ABC, the commission received more than 55 complaints about providers or support coordinators operating in the region since 2024.

Five compliance notices for those with an address in the Kimberley were issued in the same time period.

A compliance notice is a formal directive to providers to take action.

"They did actually come into Broome … did some interviews, but as far as we could tell, nothing changed," Mr Morris said.

"We have a commission which appears to have a couple of very blunt teeth. They don't seem to be doing a lot."

A commission spokesperson told the ABC the watchdog could not comment on individual cases.

They said the commission sent compliance officers to the region to "conduct unannounced site visits" and "compliance inspections" last month.

"[That] includes speaking with the provider, workers and participants to gather evidence and assess compliance in response to complaints received about providers in this region," the spokesperson said.

Fears provider registration not the answer

In April, the federal government passed new legislation to expand the watchdog's powers to respond to breaches.

The government is also looking at expanding mandatory registration to any provider engaged in high-risk activities as part of a bill that is being scrutinised by a Senate committee inquiry.

The bill, which has been criticised as rushed and dangerous by the disability community, proposes a range of changes that would see about 240,000 people removed from the NDIS over four years.

People with Disabilities WA chief executive Kat Johns said mandatory registration would do little to safeguard participants. Instead, she said, it would impact choice and control, especially in regional locations.

"There is absolutely no way that most people on the scheme would be able to keep their current supports; they would have to turn to alternatives," Ms Johns said.

"In the regions, those alternatives are very unlikely to exist and what you will have is a whole bunch of participants just losing their supports and not being to able to find new ones."

Mr Morris welcomed strengthening the watchdog, but feared participants were being punished for alleged unethical providers.

"Occasionally, a company does get struck off, but really, where the money is being saved at the moment is everyone's plans, getting funding removed or restricted," he said.

"Choice and control is being eroded. At the same time, people are getting away with clearly fraudulent stuff or harmful stuff and the commission is moving at a snail's pace, if at all, in these regions.

"Because the system is so poor, people are getting away with some terrible stuff, and it's a matter of time until something really, really bad happens."

*Name changed for privacy reasons.

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