An NDIS autism support service company, that used prohibited restraints on children with disabilities, is being taken to court.
Melbourne's Iribina Autism Services restrained children with complex intellectual disabilities using illegal restraint methods between September 2019 and June 2021, the National Disability Insurance Agency Commission has alleged.
The mother and daughter executive team of Debra and Rebecca Goldfinch allegedly knew the practice was illegal but continued to restrain children through the company's Severe Behaviour Program for several years.
The duo, who have already been barred from working with children with disabilities and are facing individual court action, could now be forced to pay hefty fines after the Federal Court approved civil action against Irabina on Thursday.
NDIS Quality and Safeguards Commissioner Louise Glanville will now pursue the company itself, which was placed into liquidation in early 2024.
"Providers and individuals who disregard the human rights of people with disability and risk the safety of NDIS participants have no place in the NDIS," she said.
NDIS Minister Bill Shorten announced the action on Thursday, saying those who breached the rules would be found out.
"All NDIS providers and individuals working within the scheme have a responsibility to respect the rights and freedoms of people with disability and help keep them safe," he said.
"Providers who put participants at risk, or who repeatedly breach the Code of Conduct, will be identified and dealt with very seriously."
An episode of Four Corners, which aired in September 2023, looked into exploitation, abuse and assault of persons with disabilities by various providers.
It revealed that Irabina remained a service provider with the NDIS for around four years after serious concerns were raised.
NDIS Quality and Safeguards Commissioner Tracy Mackey told the show Irabina's services under the NDIS had been shut down.
Soon after the interview aired, NDIS quality controller Jeffrey Chan informed Ms Mackey that Irabina had not been shut down, meaning she had unwittingly misled the public.
Dr Chan later became the only person to be suspended over Irabina's conduct, despite having had limited responsibility for oversight.
The NDIS Quality and Safeguards Commission also alleges Debra Goldfinch promoted her daughter, Rebecca, to senior positions despite knowing she was not qualified, experienced or competent to perform the roles.
The matter will return to court in December for a directions hearing.
Irabina has been contacted for comment.
