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Shorten asks states to hand over lists of criminals getting NDIS money
Australia’s national disability scheme is scrambling to discover the identities of dozens of sex predators, violent offenders and other serious criminals who are receiving financial support that allows them to live in the community but who could pose a safety risk.
A document obtained under freedom of information reveals the National Disability Insurance Agency is seeking to compile a list of known offenders who are receiving or could be eligible for support when they are released from prison under the $45 billion program.
NDIS Minister Bill Shorten sought help from the states and territories in an April letter.Credit: James Brickwood
In a letter from NDIS Minister Bill Shorten to state premiers and territory first ministers sent in April, the federal government raised an “urgent” need for information about known criminals and dangerous offenders accessing the scheme.
The letter, sent on behalf of the National Disability Insurance Agency, has asked for help in identifying offenders who were receiving support or pose a potential safety risk to NDIS staff or the public.
Shorten wrote: “I have asked the NDIA Chief Executive Officer, Ms Rebecca Falkingham, to commence further work to consider whether the current planning and access pathways can be strengthened to better identify NDIS participants with a criminal history or serious conviction, and also to better understand and manage risks to participants and their support providers where possible.
“[I am writing to] foreshadow a request from the NDIA CEO in the coming days regarding the urgent need for access to timely and accurate related data.
“[The NDIA is] seeking information about current NDIS participants and prospective participants who are or have been in detention within your state.”
The letter also casts doubts on whether the NDIA or state-based justice systems are responsible for funding decisions that underwrite security and support arrangements for serious offenders who could also be eligible for federal assistance if they have been diagnosed with a disability.
“It has become clear that in some instances the line between the two systems has become blurred,” Shorten wrote in his letter.
Serious offenders on NDIS packages receive the support payments as part of conditions for supervision for when they are out of prison and in the community. In most cases, they arrange the packages while in custody, and the support payments take effect after the offenders are released.
In April, this masthead revealed that convicted rapists and paedophiles are accessing NDIS support packages worth hundreds of thousands of dollars – including one case where up to $1.4 million is funded – to underwrite their supervision and monitoring in the community after being released from prisons across the country.
This money included support packages that provided around-the-clock supervision and monitoring of offenders who were deemed to be at serious risk of reoffending without substantial assistance, which was being largely funded by the NDIS.
In April, Shorten said the NDIS was not responsible for funding post-release supervision arrangements and that only a “very tiny group” of NDIS recipients had served time in jail.
“I think it’s a little easy just to go to very extreme examples and try and discredit the whole scheme,” he told the media on April 9.
Following the revelations in April, Shorten also promised a crackdown on the potential use of the NDIS by sex offenders and other violent criminals.
“I am writing to the states to demand they start reporting and stop keeping the NDIA in the dark when a serious criminal is released from their jails,” he told the media on April 9, the same date the letter was sent.
“The NDIS cannot be the dumping ground for state justice systems to keep Australians safe from violent criminals.”
However, the letter to premiers and first ministers did not outline any demands or penalties for the publicly mooted crackdown, and noted the issue was nuanced.
“The NDIA acknowledges that this is a sensitive and complex issue and we are committed to working together to identify the best approach for supporting participant and community needs,” Shorten wrote.
On Tuesday, a spokeswoman for Shorten said the minister’s letter “formalised” a request that had been made previously.
“Minister Shorten has been advised the NDIA had sought further information about serious and violent criminals exiting forensic facilities and rejoining the community previously,” she said.
“This is a very serious matter to ensure community and workers are sufficiently safe and protected and the minister understands all states and territories are engaged in this issue.
“The minister appreciates the number of state and territory premiers and first ministers who have directly responded so far and is pleased all leaders have indicated they are willing to further engage.”
Shorten also announced in April the creation of a special panel staffed by former law enforcement personnel to review applications and provide advice “before we admit people with serious criminal history anywhere near our NDIS”.
On Tuesday, Shorten’s spokeswoman did not respond to a question about whether the panel had been established.
Shorten was appointed NDIS minister in June 2022 and was Labor’s spokesman for the NDIS when in opposition for three years.
His letter was obtained through a freedom of information request to the Victorian Department of Premier and Cabinet.
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