Complaints about providers

"A now-defunct NDIS provider accused of failures that led to an intellectually disabled man being killed by a car can still be sued to send a message to other operators.

Aurora Community Care has been accused of failing to comply with its obligations after a 38-year-old man left his Queensland residence in March 2023 without the knowledge of two on-site care workers.

The man was then fatally hit by a car.

One worker had fallen asleep at the time and the other heard the back door open but did not investigate, according to court documents filed by NDIS Quality and Safeguards commissioner Tracy Mackey.

The man had been diagnosed with an intellectual disability and various other medical conditions, and required round-the-clock supervision by two support workers.

Aurora knew the man would try to leave the premises and that there were no locks on his doors preventing him from doing so, court documents said.

As well as this, the company allegedly restricted the man's access to Pepsi and TV without the proper approvals, knowing it would increase the likelihood he would engage in harmful behaviours.

Aurora stopped trading and entered liquidation in February, two months after the Federal Court lawsuit was launched.

In a judgment published on Wednesday, Justice Wendy Abraham noted the company's decision to close its doors seemingly came because it had been sued.

The judge gave permission for the commissioner to continue the lawsuit despite Aurora being defunct, noting the case would send a message to others.

"I agree with the commissioner's submission that these proceedings will promote the public interest in compliance with the NDIS Act, as well as the protection of people with disability receiving supports by other registered NDIS providers," she wrote.

The seriousness of the allegations weighed heavily in favour of permission being granted for the case to continue, Justice Abraham said.

The commissioner has made an undertaking not to enforce any penalties or costs orders stemming from the case without the court's approval.

At the time the lawsuit was launched, Ms Mackey said it was as a tragic case and that legal action would send a "very strong message" to all providers and support workers.

"The commission expects every support worker and provider in the NDIS to act at all times with integrity, honesty and transparency, and deliver safe and quality services to participants," she said.

"If they fail to do so the commission will act." "

Local Ipswich News

4 July 2024

 Matthew Brandon Ernest Dalton

Disability Support Worker / Sole Trader

Ipswich and East Brisbane

ABN 77 924 420 604

QPS reported person is listed as a DVO respondent as of August 2022. 

ECEI worker warned by QPS that this individual is violent and unpredictable.

Health Ombudsman suspended ABN in 2023, but it was re-established in May 2024.  

Health Ombudsman investigation:

• Misuse of NDIS funding
• Staff making hospital-based medical decisions on behalf of the family.
• Staff were non-compliant and incompetent in managing the consumer's feeding tube. 
• Staff were non-compliant with the consumer's medical team's care plan, including failing to comply with the consumer's oxygen prescription and ventilator settings. 

Galia Rose is also connected to the following companies:

• Wattle Cottage
• Carmella's House
• Paper Cranes Children's Foundation
• Well and Able Wearable Therapy Specialists

Horizon Solsolutions Australia T/as Cocoon Group Services - Founded by entrepreneurs Zaffar Khan and Muhammad Latif.

On 6 May 2025, a Suspension Notice was issued to HORIZON SOLSOLUTIONS AUSTRALIA PTY LIMITED’s (HORIZON), for a period of 30 days, effective 9.00am Friday 9 May 2025. The suspension of their registration ceases to have effect at 9.00am Sunday 8 June 2025. 

The suspension of registration was based on section 73N(4)(a) and (d) of the National Disability Insurance Scheme Act 2013 (NDIS Act).

On 6 May 2025, a Suspension Notice was issued to HORIZON SOLSOLUTIONS AUSTRALIA PTY LIMITED’s (HORIZON), for a period of 30 days, effective 9.00am Friday 9 May 2025. The suspension of their registration ceases to have effect at 9.00am Sunday 8 June 2025. 

The suspension of registration was based on section 73N(4)(a) and (d) of the National Disability Insurance Scheme Act 2013 (NDIS Act).

https://www.ndiscommission.gov.au/enforcement-action-search?prov=on+call&state=All&year=2025&ertype=All&status=All&sbmt=

On 18 December 2024, a compliance notice was issued to You Me and the Community under sections 73ZM of the National Disability Insurance Scheme Act 2013. 

The  notice requires You Me and the Community to take certain action to  address possible non-compliance with Part 2 (6)(c) with the National Disability Insurance Scheme Code of Conduct Rules 2018 and Schedule 1, Part 3 (15) of the National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018.

On 13 November 2024 a compliance notice was issued to Southern Cross Support Services Pty Ltd under section 73ZM of the National Disability Insurance Scheme Act 2013. 

The  notice requires Southern Cross Support Services Pty Ltd to take certain  actions in order to address possible non-compliance with section 20 of  the National Disability Insurance Scheme (Incident Management and  Reportable Incidents) Rules 2018 (the Reportable Incidents Rules). 

Unauthorised use of restricted practices to participants residing in secure units by preventing community access for set days as punitive responses to behaviours of harm. 

The Health Ombudsman took immediate registration action by imposing conditions on the registration of Dr Rupin Aggarwal, medical practitioner (MED0001526137), effective 5 April 2024. 

 Rupin Aggarwal - Office of the Health Ombudsman (oho.qld.gov.au) 

On 26 February 2025 a banning order was made under section 73ZN(2)(a)(i) of the National Disability Insurance Scheme Act 2013.

The banning order prohibits Gai Akuei from:

1.  Provide or be involved or assist in the provision, to any NDIS  Participant, of any support or supports under a Participant’s Plan;

2.  Provide or be involved or assist in the provision, to any NDIS  Participant, of any service or services under a Participant’s Plan;

3.  Engage in any work or provide or perform any service or services  (whether paid or unpaid), for or on behalf of any NDIS Provider, which  may occasion any personal contact between you and a NDIS Participant.

The banning order is effective from 5:00pm on 28 February 2025 for a period of two (2) years.

On 5 May 2021, the Medical Board of Australia (the Board) imposed several conditions on the general registration of this GP due to the death of his patient from an unintended fatal mixture of prescription medications. 

Dr Ratnam must:

• Undergo training on the prescribing of opiates and benzodiazepines. 
• Training on the management of patients seeking or requiring high levels of pain medication.
• Effective patient medical record keeping. 
• He is also required to undergo a mentoring program.

https://static1.squarespace.com/static/5ef525d7532c980139a4b796/t/60a4c0d52a6da21643b55cb5/1621410006033/Dr+Kamalaruban+Ratnam+-+Australian+Health+Practitioner+Regulation+Agency.pdf

 Paul Kevan Tilbury

People Come First

A banning order was made under sections 73ZN(2)(a)(i) and 73ZN(2)(a)(iii) of the National Disability and Insurance Scheme Act 2013 permanently prohibiting Paul Kevan Tilbury from being involved in the  provision of NDIS supports and services to people with disability, including in a consultancy capacity and in engaging in any activities related to: 

1. To the management of NDIS plan funds; 

   2. Coordination of supports; 

   3. Development of policies, procedures, guidelines and systems related to the delivery of NDIS supports or services; and 

    4. The assessment of NDIS providers against the NDIS Practice Standards, in accordance with the National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018.

The banning order takes effect from 5:00 pm on 3 April 2023.   

On 28 July 2023, a banning order was issued under sections 73ZN(1)(b)(i) and 73ZN(1)(b)(iii) of the National Disability Insurance Scheme Act 2013 permanently prohibiting People Come First Incorporated from being  involved, directly or indirectly, in the provision of NDIS supports or  services to people with disability, effective from 5:00pm on 11 August  2023.

https://www.ndiscommission.gov.au/node/751

On the 05/08/2024, a notice of revocation of registration was  issued to INTEGRAL THERAPEUTIC SUPPORT PTY LTD on the basis that a  delegate of the Commissioner reasonably believes that INTEGRAL  THERAPEUTIC SUPPORT PTY LTD has contravened section 73J of the NDIS Act.  More specifically, the failure by INTEGRAL THERAPEUTIC SUPPORT PTY LTD  to commence a mid-term audit within 18 months of INTEGRAL THERAPEUTIC  SUPPORT PTY LTD’s registration coming into force. 

The revocation takes effect from 5 pm on 12/08/2024.

On 10 October 2023, two infringement notices were issued to Care Squared  (ABN 17 627 661 680). The decision to issue each of the infringement  notices was based on Care Squared Pty Ltd having allegedly contravened  section 73J of the National Disability Insurance Scheme Act 2013. 

On 10 October 2023 , eight infringement notices were issued to Multicap  Limited (Multicap) (ABN 40 120 2401 686). The decision to issue each of  the infringement notices is based on Multicap Limited (Multicap) having  allegedly contravened section 73J of the National Disability Insurance  Scheme Act 2013.