Record-Breaking $1.9M Fine: Federal Court Penalises NDIS Provider over Participant’s Death
- Tomika Hillebrand
- Feb 11
- 2 min read
Updated: Feb 11
Commissioner of the NDIS Quality and Safeguards Commission v Valmar Support Services Ltd [2025] FCA 11
Case Summary:
This case came before the Federal Court of Australia in late January 2025 and was heard by Justice Raper. The not-for-profit NDIS registered provider, Valmar was ordered by the Federal Court to pay civil penalties to the Commonwealth totalling $1,916.250. This is the highest civil penalty to have ever been imposed on an NDIS provider. It was found that Valmar had put participants at significant risk, leading to the death of a participant.
The Commissioner alleged that Valmar systemically failed to provide safe and competent supports and services for three NDIS participants. Valmar was found to have:
1. Failed to train staff or ensure they had adequate qualifications
2. Failed to follow the requirements of participants’ dieticians’ plans
3. Failed to create meal plans without expert consultation
Due to Valmar’s failures, an NDIS participant died from choking on food at a residential group home at Hemmings Crescent, ACT. The Court found that the deceased and other participants were put at serious risk due to Valmar's failure to implement adequate mealtime management and dietician plans.
Their Honour noted:
“It is not a case where there was some but inadequate training undertaken, rather none at all. There is no explanation for this. There cannot be. To understand just how serious this contravening conduct was, is by remembering the purpose of the scheme: To enable persons with disability, through the provision of tailored high quality and innovative support services, to exercise their autonomy and be included in the community. The entire scheme centres around the provision of high quality support services. Such services cannot be provided, if the workers who provide them, are given no training. The whole scheme fails.”