CIVIL PENALTY – proceeding for civil contraventions of ss 73J and 73V of the National Disability Insurance Scheme Act 2013 (Cth) – where failures involved breach of NDIS Code of Conduct and NDIS Practice Guidelines – where conduct serious – where failures placed NDIS participant at a real and significant risk and may have caused or contributed to their death – where first proceeding of its kind under the NDIS Act – where mitigating factors present – whether same conduct lead to multiple contraventions such that resulting penalty must avoid double punishment – whether appropriate for Court to make declarations of contraventions and to impose civil penalties sought.
HELD – the contraventions of ss 73J and 73V were pleaded separately and relate to different conduct – Court satisfied that declarations and pecuniary penalty sought appropriate having regard to all relevant matters.
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0629
For more information, see the original judgement.
