News

As outlined in the Commission’s Media Release dated 26 October 2023, the Commissioner appointed the Hon Jennifer Boland AM to undertake an independent review, examining the regulatory arrangements and actions with regard to Irabina Autism Services. The review has been proceeding since that time.

At the request of the independent reviewer, in order to allow sufficient time to review the voluminous material identified and to ensure the review could be conducted without prejudice to any current proceedings, amendments have been made to the review scope.

The revised Review Scope is below:

Irabina Autism Services has operated as a disability service provider in Victoria since prior to the establishment of the NDIS Quality and Safeguards Commission (the Commission). The corporate structure of Irabina has changed over time. The Commission understands that at present, it continues to operate under the Aruma corporate arrangements.

Matters relating to reportable incidents, complaints, restrictive and prohibited practices in relation to Irabina have come to the attention of the NDIS Commission from time to time since transition arrangements in Victoria (1 July 2019).

The current Commissioner has recently had cause to look at the regulatory arrangements and actions with regard to Irabina and seeks to independently to confirm that the Commission's regulatory response has been and is appropriate, proportionate and consistent with the quality and safeguarding functions and powers of the Commissioner. The Independent Reviewer is asked to consider and/or determine:

1. The nature and types of supports and services provided by Irabina, particularly with regard to the Severe Behaviour Program offered in Melbourne, but encompassing any services that involve restrictive or prohibited practices.
2. The NDIS Commission’s receipt of information pertaining to Irabina operations and activities from 1 July 2019 including:
1. How the information was received and the type of information received
2. The risk or triage approach applied
3. The flow of information including process arrangements between teams/functions within the Commission
4. Resulting communication with the provider, participant, complainant
5. The internal management and disclosure of information within the NDIS Commission
3. How the NDIS Commission carried out its regulatory response, as a result of the process and actions undertaken and described in 2 above.
4. Whether the regulatory response was appropriate and proportionate, and whether the process and actions leading to the response were appropriate in the circumstances
1. In undertaking a review of the regulatory response, both previous (point in time) and current arrangements should be examined
2. Whether alternative or additional actions could, or should now, be taken
3. Outline additional steps that could, or should now, be taken to ensure the safeguarding of NDIS participants
5. Any other matters the Reviewer thinks relevant for the Commissioner.

In conducting the review, the Independent Reviewer will not be subject to direction of the NDIS Commission officers, including the Commissioner. However, the Independent Reviewer will take account of any relevant information provided from time to time by in-house or external legal advisers to the Commission in conducting the review, to the extent the Independent Reviewer considers appropriate, to avoid prejudice to any current proceedings. If the Independent Reviewer determines that any activities that she considers necessary or desirable for the conduct of the review cannot be undertaken because of the risk of prejudice to such proceedings, the Independent Reviewer will document this in the report of the review and include any relevant advice to the Commissioner.

A written Report containing the results of the review is to be provided to the Commissioner no later than 29 February 2024. The report must include an outline of the matters considered in the investigation, a summary of the evidence gathered, recommendations as to any findings and recommendations about any actions to be taken. The Reviewer must also provide all working papers gathered during the course of the investigation to the Commissioner.

It is intended that a summary of the review will be made available internally as part of the continuous learning approach at the NDIS Commission. The summary should be drafted by the Reviewer and supplied as an appendix to the Report. The drafting of the summary should be done so as to avoid the need for redactions, not prejudice any regulatory or civil proceedings and to protect the privacy of any individuals (including NDIS Commission staff, Irabina workers and Participants).

Upon receipt of the review the Commissioner will give due consideration to the findings and recommendations to inform regulatory responses with regard to Irabina and other matters.