The NDIS Quality and Safeguards Commission maintains a public register with information on the compliance and enforcement actions it has taken, including banning orders, compliance notices, and suspensions of NDIS registration. The register is updated regularly by the NDIS Quality and Safeguards Commission and is available on its website.
The Victorian Disability Worker Commissioner has the power to issue prohibition orders regarding unregistered disability workers. Until registration commences in 2021 the Commissioner’s powers apply to all Victorian disability workers. A prohibition order stops a person from being able to lawfully practise as a disability worker or requires that they can only work if certain conditions are met.
The Commissioner can make a prohibition order if they are satisfied that it is necessary to avoid a serious risk to the life, health, safety or welfare of a person or the health, safety or welfare of the public, and that the unregistered disability worker:
- has breached the Disability Service Safeguards Code of Conduct
- has been convicted or found guilty of a prescribed offence. The list of prescribed offences are available in Schedules 1 and 3 of the Worker Screening Act.
- has been issued an exclusion, or had a clearance suspended or revoked by an NDIS worker screening unit
- is the subject of an interim bar in relation to a NDIS worker screening check
- is the subject of (in relation to disability or health services) a prohibition order or banning order by another regulator.
Orders may be permanent or for a limited period of up to 12 weeks (this is called an interim prohibition order). Prohibition orders may be revoked or amended or include conditions.