The death of NDIS participant, Ann Marie Smith, in South Australia is absolutely shocking and the circumstances that led to her death must never be allowed to happen again.
As is appropriate, the circumstances of Ms Smith’s death are being investigated by the independent bodies established to do just that. These independent bodies include the South Australia Police, the NDIS Quality and Safeguards Commission (NDIS Commission) and the South Australian Coroner.
Today, NDIS Commissioner, Mr Graeme Head AO, announced the appointment of former Federal Court judge, Hon. Alan Robertson SC, to lead an independent inquiry into the adequacy of the regulation of the supports and services provided to Ms Smith, including regulation in relation to quality and safeguarding pursuant to the functions and powers of the Commissioner of the NDIS Commission.
It is important to note the review is to be conducted in a manner that avoids prejudice to any pending or current criminal or civil proceedings.
I was first briefed on the tragic death of Ms Smith on 14 May 2020. Since this time, the NDIS Commissioner has kept me informed of the proposed course of action. In accordance with Section 181K of the National Disability Insurance Scheme Act 2013, it is not possible for the Minister responsible to direct the NDIS Commissioner in relation to a particular individual or provider. The independence of the NDIS Commissioner is an integral component of the NDIS Quality and Safeguarding Framework (the Framework) fought for by people with disability and their representative organisations.
The Framework was agreed by all states and territories via the Council of Australian Governments Disability Reform Council in December 2016. This followed three years of consultation with people with disability, carers and providers, and was informed by numerous inquiries into abuse and neglect of people with disability.
The Commonwealth legislated and provided funding of $209 million over four years in the 2017-18 budget for the establishment of the NDIS Commission from 1 July 2018.
