Federal Court of Australia
Federal Court of Australia
Commissioner of the NDIS Quality and Safeguards Commission v LiveBetter Services Ltd [2024] FCA 374 File number(s): NSD 282 of 2023
Judgment of: RAPER J
Date of judgment: 17 April 2024
Catchwords: CIVIL PENALTY – proceeding for civil contraventions of ss 73J and 73V of the National Disability Insurance Scheme Act 2013 (Cth) – where failures involved breaches of the NDIS Practice Guidelines and the NDIS Code of Conduct – where conduct serious – where failures placed NDIS participant at a real and significant risk for which the consequences were fatal – whether there were mitigating factors present – whether it is appropriate for the Court to make declarations of contraventions and to impose civil penalties sought. HELD: the contraventions of ss 73J and 73V were made out – the Court was satisfied that the declarations and pecuniary penalty sought was appropriate having regard to all relevant matters.
Legislation: Evidence Act 1995 (Cth) s 191 Federal Court of Australia Act 1976 (Cth) s 21 National Disability Insurance Scheme Act 2013 (Cth) ss 3(1)(g), 3(1)(ga), 73F, 73F(2), 73J, 73T, 73T(1), 73T(2), 73V, 73V(2), 73V(3), 73ZK, 181C, 181D, 181E, 181F, 181G, 181H National Disability Insurance Scheme (Code of Conduct) Rules 2018 (Cth) ss 5, 5(3), 6, 6(c) National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018 (Cth) cl 10 of Sch 1 Pt 3, cl 21 of Sch 1 Pt 4 Regulatory Powers (Standard Provisions) Act 2014 (Cth) ss 82, 82(3), 83, 84, 85, 86, 86(6)
Cases cited: Australian Competition and Consumer Commission v Australian Safeway Stores Pty (1997) 145 ALR 36 Australian Building and Construction Commissioner v Pattinson [2022] HCA 13; 274 CLR 450 Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd [2016] FCAFC 181; 340 ALR 25 Commissioner of the NDIS Quality and Safeguards Commission v Australian Foundation for Disability [2023] FCA 629 Commonwealth v Director, Fair Work Building Industry Inspectorate (Agreed Penalties Case) [2015] HCA 46; 258 CLR 482 National Disability Insurance Agency v WRMF [2020] FCAFC 79; 276 FCR 415
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