National Disability Insurance Scheme Act 2013

The Commissioner may give to an NDIS provider a written notice (a compliance notice) if the Commissioner:

is satisfied that an NDIS provider is not complying with this Act; or

is aware of information that suggests that an NDIS provider may not be complying with this Act.

The compliance notice must:

set out the name of the provider to which the notice is given; and

set out brief details of the non‑compliance or possible non‑compliance; and

specify action that the provider must take, or refrain from taking, in order to address the non‑compliance or possible non‑compliance; and

specify a reasonable period within which the provider must take, or refrain from taking, the specified action; and

if the Commissioner considers it appropriate—specify a reasonable period within which the provider must provide the Commissioner with evidence that the provider has taken, or refrained from taking, the specified action; and

state that a failure to comply with the notice is subject to a civil penalty; and

if the provider is a registered NDIS provider—state that a failure to comply with the notice may lead to the provider’s registration being suspended or revoked; and

set out any other matters specified in the National Disability Insurance Scheme rules for the purposes of this paragraph.

An NDIS provider contravenes this subsection if the provider fails to comply with a compliance notice.

for a serious contravention by an NDIS provider—10,000 penalty units; or

in any other case—60 penalty units.

The Commissioner may, by written notice given to an NDIS provider, vary or revoke a compliance notice if the Commissioner considers that it is appropriate in all the circumstances to do so.

In deciding whether to vary or revoke a compliance notice, the Commissioner must consider any submissions that are received from the provider before the end of the period mentioned in paragraph (2)(d).