The NDIS Quality and Safeguards Commission: Recent Court Action

The NDIS Quality and Safeguards Commission: Recent Court Action

The NDIS Quality and Safeguards Commission (NDIS Commission) has launched court action against two individuals for allegedly breaching banning orders. This is the first time the NDIS Commission has taken court action against an individual or provider in relation to banning orders, and it a clear statement from the NDIS Commission that they will take strong action if banning orders are breached.

What is the NDIS Commission?

The NDIS Commission is an independent Australian Government regulator that works to improve the quality and safety of NDIS supports and services through nationally consistent regulation.

The functions of the NDIS Commission are set out in the National Disability Insurance Scheme Act 2013 (the Act). These functions include regulating and registering NDIS providers, monitoring providers and ensuring they are compliant with the NDIS Code of Conduct and NDIS Practice Standards, and educating and guiding NDIS providers.

What Power Does the NDIS Commission Have?

Under the Act, the NDIS Commission is given a range of compliance and enforcement powers. This includes banning orders, compliance notices and court-based outcomes. The NDIS can issue warnings and fines and can require a provider to make changes in work practices or take steps to fix a problem.

The NDIS Commission has an investigative function and can investigate incidents that affect the rights and safety of people with disability.

The NDIS Commission issues banning orders when they have serious concerns about an individual or provider and the risk that they pose to the safety and wellbeing of NDIS participants. These banning orders can be permanent or for a fixed period of time and prevent the provision of supports and services to NDIS participants. The NDIS has the ability to launch court action for breaching these banning orders.

Compliance records of NDIS providers and workers can be checked via the NDIS Commissions’ Compliance and Enforcement Actions Search. This includes any banning orders which have been issued. Anyone who suspects a provider or worker is breaching a banning order is encouraged to contact the NDIS Commission via the online complaint form, or by calling 1800 035 544.

Court Action for Breaching Banning Orders

The NDIS Commission has for the first time, launched court action for allegedly breaching a banning order. This is the first time court action has been taken against an individual or provider for breaching a banning order.

The NDIS Commission has commenced separate civil penalty proceedings in the Federal Court against two individuals, Synthia Restar and Lynette Peters, for allegedly breaching banning orders. The Federal Court can impose a civil penalty for each contravention of a banning order of up to $330,000 for individuals and $1.6 million for companies.

Synthia Restar had been permanently banned by the NDIS Commission in August 2019, after multiple adverse findings had been made against her by Commonwealth and New South Wales government bodies and regulators. These included findings in relation to fake training qualifications and vocational education. It is alleged that Restar breached this banning order by providing support coordination services to two NDIS participants between February 2022 and early 2024.

Lynette Peters was banned for two years from January 2025 by the NDIS Commission after being convicted of making fraudulent claims for NDIS supports and services which were not provided. It is alleged that Peters breached this banning order between January and March 2025 by providing support coordination services to two NDIS participants. It is also alleged that Peters faked service agreements and invoices in order to avoid detection.

The NDIS Commission has made a statement that breaching a banning order will result in strong action from the Commission. Investigations were launched into Restar and Peter after the NDIS Commission received tipoffs.

How Can Safe Space Legal Help?

The team at Safe Space Legal has extensive experience working with organisations in the disability sector, to support and strengthen their safeguarding practices and ensure organisations are meeting their legal obligations when working with people with disability.  We work with organisations across Australia and frequently conduct independent safeguarding investigations. 

Safe Space Legal offers holistic safeguarding services including:

• Developing safeguarding policies, procedures and complaints-handling processes;
• Delivering safeguarding training to ensure organisations are aware of their obligations and sector-specific requirements;
• Conducting trauma-informed specialist safeguarding investigations into allegations of violence, abuse, neglect and exploitation in the disability sector;
• Providing expert advice on safeguarding compliance and systemic issues;
• Conducting root cause analyses of critical incidents and crisis management;
• Providing sound legal advice on risk mitigation; and
• Completing policy and implementation audits to ensure compliance with legislative obligations.

Contact office@safespacelegal.com.au or call (03) 9124 7321 to organise a complementary discussion in relation to your organisation’s child safety and safeguarding needs