Protecting NDIS participants: worker banned over child removal

NDIS Support Worker Ban Upheld Over Child Protection Concerns

A National Disability Insurance Scheme (NDIS) support worker will be prohibited from working with children and vulnerable adults, after a tribunal upheld a decision stemming from concerns about her care of her own children.

The worker, who has five years of experience in disability support, was issued a prohibition notice by the Department of Human Services. This notice, which bars her from these specific roles, is set to take effect in December 2025.

Last month, the South Australian Civil and Administrative Tribunal (SACAT) reviewed the case and affirmed the Department’s original decision. SACAT is an independent body that reviews administrative decisions made by government agencies.

The Tribunal heard that the worker had received no complaints regarding her NDIS clients during her five years in the sector. She argued that she was a “good support worker” and well-liked, believing she should be allowed to continue her work, including driving clients and taking them on social outings.

However, despite previous clearances to work with vulnerable adults, the Tribunal’s ruling stated that she “poses an unacceptable risk to children, and poses a risk of harm to people with disability.”

Understanding a Prohibition Notice for Support Workers

A prohibition notice is a serious measure. It means an individual is legally prevented from working in specific roles, often those involving children or vulnerable adults. For NDIS participants, these notices are a crucial safeguard, ensuring that those providing support meet essential safety standards.

For support workers and providers, understanding the criteria and review processes, like those undertaken by SACAT, is vital. It highlights the rigorous checks in place to protect individuals accessing NDIS services.

“Issue of Neglect” Consistent Over 16 Years

The core of the Department of Human Services’ decision and SACAT’s subsequent ruling focused on a long-standing pattern of significant risks linked to the worker’s care of her children.

The Tribunal noted that all of her children had been removed from her care. Concerns around her parenting were raised consistently over many years, spanning from 2004 to 2020.

According to the judgement, “The issue of neglect remained consistent through the concerns raised with investigations by the department across the years.”

What Were the Concerns?

For her elder children, the concerns included exposure to ongoing domestic violence, neglect, emotional abuse, and a perceived lack of protective capacity by their mother.

Similar concerns, though without the same level of domestic violence, were later raised regarding her three younger children.

The SACAT judgement clarified that while they found she “poses an unacceptable risk to children, and poses a risk of harm to people with disability,” this does not necessarily mean she is “likely to, cause harm to children or people with disability.” Instead, it signifies a heightened risk level that warrants the prohibition notice.

What This Means for Participants and Providers

This case underscores the NDIS’s commitment to participant safety. While a worker’s direct performance with NDIS clients is important, their broader history, particularly regarding the care of vulnerable individuals, is also considered in determining suitability.

For NDIS participants and their families, this reaffirms that comprehensive background checks and ongoing risk assessments are part of the system designed to protect them. For disability service providers, it highlights the importance of thorough screening processes for all staff and understanding the criteria that can lead to a worker being deemed unsuitable for certain roles.

If you have concerns about a support worker, always report them to your service provider, the NDIS Commission, or relevant state authorities.