NDIS whistleblowers gain stronger protections under new laws

Whistleblowers exposing wrongdoing within the NDIS will now have stronger protections after Canberra passed laws to improve the reporting of unsafe or unlawful practices.

The Human Rights Law Centre campaigned for the reforms for two years, arguing that the scheme’s framework was “the weakest whistleblowing regime under federal law”.

“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,” said lawyer Madeleine Howle, who worked on the Human Rights Law Centre’s Whistleblower Project.

The changes extend protections to former employees of disability providers, remove “outdated” eligibility requirements, and provide stronger protections for whistleblowers’ confidentiality.

“When whistleblowers speak up, they often do so at great personal cost,” said Ms Howle.

“Whistleblowers in the NDIS are 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.”

In a statement, Minister for the NDIS Jenny McAllister said the new laws would help to safeguard the scheme from exploitation and ‘throw the book’ at those who abuse it.

“If you are a fraudster or a shonk who thinks that the NDIS is a soft target then I urge you to reconsider, otherwise you might spend the next couple of years in a prison cell,” she said.

“Those who think they can take advantage of the disability community, and the NDIS will be held to account.”

The Human Rights Law Centre said the laws were a “welcome first step” but warned much more needs to be done.

“These reforms are only a first step towards comprehensive whistleblower protections,” said Ms Howle.

“The current inconsistent and fragmented approach is silencing whistleblowers and is confusing for organisations who may have to comply with multiple different whistleblowing laws.”

For those who speak out, the risks remain high.

“Blowing the whistle often comes at great personal cost – to work and earnings, relationships and even health,” said Bill Browne, director of the Democracy & Accountability Program at the Australia Institute.

“NDIS whistleblowing reforms are important, but the Government is yet to deliver on the comprehensive reform that it has spoken so much about,” he said.

Over the course of 4 ½ years, the Disability Royal Commission heard from whistleblowers who risked their careers to provide often confronting and disturbing evidence.

“During the Disability Royal Commission, the critical role of whistleblowers was demonstrated by the submissions and evidence given by countless workers, people with disabilities and family members, revealing harrowing stories of harm, abuse and neglect,” Ms Howle said.

The final report by the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability was handed down in September 2023 and included 222 recommendations.

Now, two years later, the Human Rights Law Centre said the mistreatment of NDIS participants and reports of fraud and misconduct by providers remain concerningly widespread.

“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,” Ms Howle said.

The State of the Disability Sector Report 2025 reported operating conditions in the non-government disability sector “remain in crisis”.

It found concerns about sustainability were widespread, with eight in ten organisations reporting their staff were exhausted by ongoing changes.

Meanwhile, 72 per cent said there is insufficient advocacy for the people they support.

“Respondents frequently called for reform involving mandatory provider registration to protect vulnerable people and to ensure the accountability of service providers,” the report noted.

It also described the state of the sector as “bleak”.

“This will be another important year for advocacy on the part of NDIS, as the conditions that have been consistently seen as unsustainable for organisations continue to worsen.

“Recognising that the issues raised are well-established, there is still a possibility for positive policy changes.”

The Human Rights Law Centre warned that the most recent reforms must now be followed by broader, system-wide change.

“We urge the Albanese Government to undertake comprehensive whistleblowing reform and establish a Whistleblower Protection Authority to ensure transparency and accountability in Australia.”