The case of Commissioner of the NDIS Quality and Safeguards Commission v Oak Tasmania [2026] FCA 7.

Oak Tasmania (Oak) was a charity registered with the Australian Charities and Not-for-Profits Commission (ACNC) and was a registered NDIS provider since 2019.

The Commissioner of the NDIS Quality and Safeguards Commission (Commissioner) alleged that Oak engaged in conduct that contravened the National Disability Insurance Scheme Act 2013 (Cth) (NDIS Act) during the period 1 July 2019 to 1 December 2023.

The conduct involved failures to notify the Commissioner of certain reportable incidents properly and to provide supports and services to certain individuals with the care and skill required of Oak as a National Disability Insurance Scheme (NDIS) provider.

Oak admitted the contraventions and agreed with the Commissioner as to a statement of agreed facts, proposed orders and pecuniary penalty.

The Court found that the agreed aggregate penalty of $1.1 million was appropriate and further that Oak should pay the Commissioner’s costs of the proceeding, to be fixed at $200,000.

The Court noted that Oak is a not-for-profit entity, which did not obviate the significance of specific deterrence or the very serious nature of the contraventions.

Other recent civil penalty orders are:

  • DPP v Amicus [2025] VCC 1973 – fined $370,000. Amicus was also ordered to publicise prominently on its website a notice specified by the Court, as well as send a copy of the notice to the client’s mother and the Commissioner of the NDIS Quality and Safeguard Commission.
  • Commissioner of the NDIS Quality and Safeguards Commission v Australian Foundation for Disability [2023] FCA 629: a penalty of $400,000 imposed;
  • Commissioner of the NDIS Quality and Safeguards Commission v LiveBetter Services Ltd [2024] FCA 374: a penalty imposed of $1,800,000; and
  • Commissioner of the NDIS Quality and Safeguards Commission v Valmar Support Services Ltd [2025]FCA 11: a penalty of $1,916,250 plus costs.