Federal Court of Australia
Federal Court of Australia
Commissioner of the NDIS Quality and Safeguards Commission v Irabina Autism Services (in liq) [2024] FCA 1468 File number(s): VID 932 of 2024
Judgment of: HORAN J
Date of judgment: 18 October 2024
Date of publication of reasons 17 December 2024
Catchwords: CORPORATIONS – application for leave to proceed against company in liquidation under s 500(2) of the Corporations Act 2001 (Cth) – where proceeding alleges contraventions of the National Disability Insurance Scheme Act 2013 (Cth) (NDIS Act) – where relief sought includes declarations and pecuniary penalties – where proceedings promote public interest in compliance with the NDIS Act and the protection of people with disability receiving supports by other registered NDIS providers – where Commissioner provided undertaking not to enforce any order for costs or penalty imposed against the company in the proceeding unless a surplus of assets in excess of creditor liabilities is declared – leave granted to proceed against company
Legislation: Corporations Act 2001 (Cth) s 500(2) National Disability Insurance Scheme Act 2013 (Cth) ss 77J, 77V and Ch 6, Pt 2A National Disability Insurance Scheme (Code of Conduct) Rules 2018 (Cth) National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018 (Cth) National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules 2018 (Cth)
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