The Human Rights Law Centre wins important NDIS whistleblower protection reforms

After two years of campaigning, Human Rights Law Centre (HRLC) campaigners advocating to fix whistleblower protection within the National Disability Insurance Scheme (NDIS) to protect those who report wrongdoing have gained a significant win.

In April, the Federal Parliament united to pass initial priority amendments to the NDIS Act, which they had developed together with Greens Senator Jordan Steele-John. The Albanese Government has also committed to consulting on more comprehensive reform this term.

Through submissions, working with the NDIS regulator and engaging with parliamentarians across the political spectrum, the HRLC Whistleblower Protection team argued that limiting the ability of those researching or directly impacted by NDIS failings, punishes those trying to improve care. Among the new changes enacted are the extension of whistleblower protections to former NDIS workers, participants and their advocates, the removal of outdated eligibility requirements and stronger protections for whistleblowers’ confidentiality. This, they say, will help to improve reporting of unsafe or unlawful practices within the Scheme.

Since launching its Whistleblower Project in August 2023, the HRLC team has triaged 650 whistleblowing inquiries in Australia, advised over 200 clients, represented 50 whistleblowers and participated in High Court, Federal Court and Court of Appeal litigation. 

“Whistleblowers inside the NDIS make the scheme better – ensuring the scheme works as promised, people with disabilities are treated with dignity and respect and wrongdoing is addressed,” Madeleine Howle, a lawyer with the Whistleblower Project, said of the passage of the amendments.

“When whistleblowers speak up, they often do so at great personal cost,” she said. “Whistleblowers in the NDIS [have been] bearing an unfair burden when it comes to ensuring transparency and preventing harm and are frequently left without support or protection. Where people can’t safely blow the whistle, that is bad for NDIS participants, and for integrity in the system as a whole.”

“This must be the start of the journey towards more comprehensive reform. Even with these reforms, NDIS protections remain piecemeal and out of date. That silences the voices of workers, participants and advocates,” she said.

The HRLC team believes the new NDIS amendments are an important first step, but that it is just a start. The organisation continues to pursue comprehensive reform and the establishment of a Whistleblower Protection Authority, so that whistleblowers across Australia are protected, not punished.

To find out more or support the work of the HRLC, see their website.