Commissioner of the NDIS Quality and Safeguards Commission v Valmar Support Services Ltd [2025] FCA 11

FEDERAL COURT OF AUSTRALIA Commissioner of the NDIS Quality and Safeguards Commission v Valmar Support Services Ltd [2025] FCA 11 File number(s):

Judgment of: RAPER J

Date of judgment: 22 January 2025

Catchwords: CIVIL PENALTY – proceeding for civil penalty contraventions of ss 73J and 73V of the National Disability Insurance Scheme Act 2013 (Cth) – where failures involved breaches of the National Disability Insurance Scheme Practice Guidelines and the NDIS Code of Conduct – where conduct is serious – where failures placed NDIS participants at a real and significant risk for which the consequences were fatal for one participant – whether there were mitigating factors present – whether it is appropriate for the Court to make declarations of contraventions and to impose civil penalties sought – the contraventions of ss 73J and 73V made out – the Court was satisfied that the declarations and pecuniary penalty sought were appropriate having regard to all relevant matters.

Evidence Act 1995 (Cth) s 191 National Disability Insurance Scheme Act 2013 (Cth) ss 3, 4, 73F, 74F(2)(c), 73J, 73V, 73ZK, 181C–H Legislation: Regulatory Powers (Standard Provisions) Act 2014 (Cth) ss 4, 82, 82(3), 82(6), 82(6)(a)–(c), 82(6)(d), 83, 84, 85, 86, 87 National Disability Insurance Scheme (Code of Conduct) Rules 2018 (Cth) s 6(1)(c) National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018 (Cth) cl 10 Sch 1 Pt 3, cl 12 of Sch 1 Pt 3, cl 15 of Sch 1 Pt 3, cl 21 of Sch 1 Pt 4

Australian Building and Construction Commissioner v Pattinson [2022] HCA 13; 274 CLR 450 Australian Competition and Consumer Commission v Australia and New Zealand Banking Group Ltd [2016] FCA 1526 Australian Competition and Consumer Commission v Cement Australia Pty Ltd [2017] FCAFC 159; 258 FCR 312 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2015] FCA 330; 327 ALR 540 Australian Competition and Consumer Commission v Hillside (Australia New Media) Pty Ltd t/a Bet365 (No 2) [2016] FCA 698 Cases cited: Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd [2016] FCAFC 181; 340 ALR 25 Australian Competition and Consumer Commission v Yazaki Corporation [2018] FCAFC 73; 262 FCR 243 Commissioner of Taxation v Balasubramaniyan [2022] FCA 374 Commissioner of the NDIS Quality and Safeguards Commission (Cth) v LiveBetter Services Ltd [2024] FCA 374 Commissioner of the NDIS Quality and Safeguards Commission v Australian Foundation for Disability [2023] FCA 629 Commonwealth v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; 258 CLR 482 Fair Work Ombudsman v 85 Degrees Coffee Australia Pty Ltd [2022] FCA 1317