The Minister for the National Disability Insurance Scheme (NDIS) and Government Services, the Hon. Bill Shorten MP, is today announcing civil penalty proceedings have been commenced against former senior staff at Irabina Autism Services in Victoria.
The NDIS Quality and Safeguards Commission (NDIS Commission) has commenced civil penalty proceedings in the Federal Court of Australia against Irabina Autism Services’ former CEO Debra Goldfinch and former General Manager Rebecca Goldfinch, for allegedly allowing the use of prohibited physical restraints on children with disability.
The court proceedings follow an extensive investigation by the NDIS Commission, which has already resulted in Debra Goldfinch and Rebecca Goldfinch being permanently banned from working with people with disability.
The NDIS Commission will also be seeking court approval to proceed against Irabina, which was placed into liquidation earlier this year.
The NDIS Commission alleges that between September 2019 and June 2021, Irabina used prohibited physical restraints on children with disability at Irabina and that both Debra and Rebecca Goldfinch knew of and permitted the use of these prohibited restraints.
The physical restraints were expressly prohibited by the Victorian Senior Practitioner in September 2019. Despite Debra and Rebecca Goldfinch, and other staff at Irabina, being directed by the NDIS Commission to cease using the practices in January 2020, those practices continued.
It is also alleged that Debra Goldfinch permitted Irabina to continue to employ and promote her daughter, Rebecca Goldfinch, to positions of responsibility at Irabina despite knowing that she was not qualified, experienced or competent to perform those roles.
The NDIS Commission seeks the imposition of financial penalties on Irabina, Debra Goldfinch and Rebecca Goldfinch for failures to comply with the NDIS Code of Conduct.
Minister Shorten said the NDIS providers and their employees must take compliance with all laws and regulations extremely seriously, and that identified failures to do so will result in enforcement action.
“The Commission has acknowledged that what happened at Irabina was unacceptable and should not happen again in the future,” he said.
“The Commission has made its position on the use of prohibited restrictive practices abundantly clear - any practice that places NDIS participants at high risk of harm must cease immediately.
“Where providers and workers fail to take notice, and continue to use prohibited practices, the NDIS Commission will impose the weight of its powers.
“This case should serve as a strong warning to everyone working in the disability sector to respect the rights and freedoms of people with disability.”