How to Make an NDIS Complaint: A Guide for Participants and What Providers Must Know

The Right to Complain

The right to complain is one of the most fundamental participant rights under the NDIS framework. It is established in the NDIS Act 2013, reinforced by the NDIS Code of Conduct, and operationalised through NDIS Practice Standard Outcome 1.5 (Violence, Abuse, Neglect, Exploitation and Discrimination). Every registered NDIS provider must have a complaint handling system, and every participant must be informed about how to use it.

The right to complain extends to:

• Participants themselves
• Nominees, guardians, or attorneys acting on behalf of participants
• Family members or friends of participants (with or without the participant's knowledge, if they have genuine concerns about safety)
• Advocates acting on behalf of participants
• Support workers or other staff who have concerns about the provider's practices
• Members of the public who observe concerning practices

Importantly, participants do not need to justify their complaints or prove that something wrong has occurred before making a complaint. The threshold for making a complaint is simply that the person has a concern — the investigation process determines whether the concern is substantiated.

Complaint Pathways for Participants

NDIS participants have two main pathways for making complaints, and they can use either or both simultaneously.

Pathway 1: Complain to the Provider

The first option is to raise the concern directly with the NDIS provider through their internal complaints process. This is often the fastest route to resolution for service delivery concerns, communication issues, or staff conduct matters that can be addressed by the provider's management.

Pathway 2: Complain to the NDIS Commission

The second option is to contact the NDIS Quality and Safeguards Commission directly on 1800 035 544. Participants can go to the Commission without first complaining to the provider, and many do — particularly when the concern involves safety, abuse, or when the participant does not feel comfortable raising the issue with the provider directly.

Other Complaint Avenues

Depending on the nature of the concern, participants may also contact:

• State or territory disability commissioners — for concerns about disability services that are not NDIS-funded
• State or territory ombudsmen — for broader administrative complaints
• The Australian Human Rights Commission — for discrimination complaints
• Police — for any matter involving criminal conduct (assault, theft, fraud, etc.)
• Disability advocacy organisations — for independent advocacy and support in making complaints

Step 1: Complaining to Your Provider

When a participant chooses to raise a concern with their provider, here is what the process should look like — and what participants can expect from a compliant provider.

How to Make a Complaint

A well-run NDIS provider will offer multiple ways to make a complaint:

• Verbally — telling a support worker, team leader, or manager
• In writing — via email, letter, or a complaints form
• Anonymously — through an anonymous feedback mechanism
• Through a third party — such as an advocate, family member, or support coordinator

What Should Happen After You Complain

1. Acknowledgement — the provider should acknowledge your complaint within 2 business days and tell you who will be handling it
2. Investigation — the provider should look into the issue fairly and thoroughly
3. Resolution — the provider should aim to resolve the complaint within 30 calendar days. If it cannot be resolved within 30 days, you should be told why and given a new timeframe.
4. Outcome — the provider should tell you the outcome of the complaint and what actions they have taken (or will take) to address it
5. Escalation information — if you are not satisfied with the outcome, the provider must inform you of your right to contact the NDIS Commission on 1800 035 544

Step 2: Escalating to the NDIS Commission

If a participant is not satisfied with the provider's response — or if they prefer not to complain to the provider directly — they can contact the NDIS Quality and Safeguards Commission.

How to Contact the NDIS Commission

• Phone: 1800 035 544 (free call, 9am-5pm AEST Monday to Friday)
• Online: ndiscommission.gov.au/participants/complaints
• Email: [email protected]
• Interpreter services: Call TIS National on 131 450 and ask to be connected to 1800 035 544
• National Relay Service: For people who are deaf or have hearing/speech impairment — call 1800 555 677 and ask to be connected to 1800 035 544

What to Prepare

When contacting the NDIS Commission, it helps to have the following information ready (though you can still make a complaint without it):

• Your name and contact details (or you can remain anonymous)
• The name of the provider you are complaining about
• What happened — a description of the issue or concern
• When it happened (dates and times if possible)
• Whether you have already raised the concern with the provider and what their response was
• Any supporting documents or evidence

What Happens After a Complaint to the Commission

When the NDIS Commission receives a complaint, it follows a structured process:

1. Assessment — the Commission assesses the complaint to determine its nature and severity
2. Triage — urgent complaints involving immediate safety risks are prioritised for rapid response
3. Resolution approach — the Commission may use one or more of the following approaches:
   • Informal resolution — facilitating a conversation between the complainant and the provider
   • Conciliation — a more structured mediation process
   • Formal investigation — for serious or systemic concerns
   • Compliance action — issuing compliance notices, imposing conditions, or revoking registration
4. Outcome — the Commission informs the complainant of the outcome and any actions taken

Possible Outcomes

The NDIS Commission has significant powers to address complaints, including:

• Requiring the provider to take specific corrective action
• Issuing a compliance notice with enforceable conditions
• Imposing additional conditions on the provider's registration
• Suspending or revoking the provider's registration
• Referring the matter to police (for criminal conduct)
• Taking NDIS Code of Conduct action against individual workers (including banning orders)

What Providers Must Have in Place

Under NDIS Practice Standard Outcome 1.5, every registered provider must have a complaints and feedback system that meets specific requirements. Auditors will assess this system during certification audits.

Required Elements

• A written Complaints and Feedback Policy that is accessible to all participants
• Multiple channels for making complaints (verbal, written, anonymous, through advocates)
• A Complaints and Feedback Form that participants can use (Document 60 in the SIL Rescue Kit)
• A defined process for acknowledging, investigating, and resolving complaints
• Timeframes for acknowledgement (2 business days) and resolution (30 calendar days)
• Information about the NDIS Commission complaints pathway (1800 035 544)
• A Complaints Register that tracks all complaints from receipt to resolution (Document 42)
• A process for using complaints data for continuous improvement
• Staff training on complaints handling
• Anti-retaliation protections for complainants

Making the Complaints Process Accessible

A complaints process that only works for people who can read, write, and speak English is not compliant. The NDIS Commission expects providers to make their complaints process accessible to all participants, regardless of communication needs, language background, or disability type.

Accessibility Requirements

• Easy Read version — an Easy Read summary of how to make a complaint, including visual steps and the NDIS Commission phone number
• Verbal complaints accepted — participants must be able to make complaints verbally, not just in writing
• Anonymous option — some participants may fear retaliation and should be able to complain anonymously
• Advocate support — participants should be informed of their right to have an advocate help them make a complaint. The National Disability Advocacy Program (NDAP) provides free advocacy services.
• Interpreter services — for CALD participants, complaints should be accepted in any language with interpreter support (TIS National: 131 450)
• Multiple formats — face-to-face, phone, email, written form, or through a trusted third party

Anti-Retaliation Obligations

Anti-retaliation is not just good practice — it is a legal obligation. The NDIS Commission has consistently identified retaliation against complainants as one of the most serious forms of provider misconduct.

What Retaliation Looks Like

Retaliation can be overt or subtle. Examples include:

• Reducing the quality or quantity of supports after a complaint
• Changing the participant's rostered support workers without explanation
• Being cold, dismissive, or hostile toward the participant after a complaint
• Threatening to terminate the service agreement
• Discouraging the participant from contacting the NDIS Commission
• Sharing the complainant's identity with the person complained about (without the complainant's consent)
• Pressuring the participant to withdraw the complaint

Provider Anti-Retaliation Obligations

• Train all staff on anti-retaliation obligations as part of complaints handling training
• Monitor for changes in service delivery following a complaint
• Investigate any allegations of retaliation immediately and take corrective action
• Include anti-retaliation provisions in the Complaints and Feedback Policy
• Ensure managers proactively check in with participants after complaints are resolved

The Complaints Register

Every NDIS provider must maintain a Complaints Register (Document 42 in the SIL Rescue Kit) that tracks all complaints from the point of receipt through to resolution and any follow-up actions.

What the Register Must Include

Auditors will review the complaints register to verify that complaints are handled within required timeframes, that complainants are informed of outcomes, and that the provider uses complaints data to drive improvement.

Using Complaints for Continuous Improvement

The NDIS Commission does not expect providers to have zero complaints — it expects providers to learn from complaints and improve their services as a result. Complaints are a valuable source of feedback that can identify systemic issues, training gaps, and opportunities for service improvement.

How to Use Complaints Data

• Identify trends — review the complaints register regularly to identify patterns (e.g., multiple complaints about the same issue, the same staff member, or the same location)
• Root cause analysis — for recurring complaints, investigate the underlying cause rather than just addressing individual symptoms
• Update policies and procedures — if a complaint reveals a gap in a policy or procedure, update it
• Provide targeted training — if complaints identify skill or knowledge gaps in staff, deliver targeted training
• Report to governance — include complaints data in reports to your governing body (board or management committee) as part of quality oversight
• Record in the Continuous Improvement Register — document all improvements made as a result of complaints in your Continuous Improvement Register (Document 43 in the SIL Rescue Kit)

Maintaining high-quality progress notes can also help prevent complaints by ensuring that all support delivery is documented accurately, that participant preferences are recorded and followed, and that any concerns are identified and addressed early before they escalate to formal complaints.