Updated: Afford’s statement on Federal Court matter with the NDIS Quality and Safeguards Commission

June 14, 2023 

Today, the final judgement and penalty was handed down in the case against Australian Foundation for Disability (Afford) at the Federal Court of Australia. The regulatory matter was raised by the NDIS Quality and Safeguards Commission due to Afford’s failure to comply with NDIS Standards and the regulator’s Code of Conduct and the National Disability Insurance Scheme Act 2013 (Cth) (NDIS Act).

The penalty applied was $400,000 and details on the orders can be read here.

This is an update to our statement published on 28 April. Please see below for a statement from Afford and quotes from Afford’s Chief Executive Officer.

Apr 28, 2023 

Today, the Australian Foundation for Disability (Afford) took responsibility for the death of a client in their care with a guilty plea to the Federal Court of Australia in a regulatory matter raised by the NDIS Quality and Safeguards Commission.

The case against Afford is that the organisation failed to comply with NDIS Standards and the regulator’s Code of Conduct and in doing so, did not adhere to the National Disability Insurance Scheme Act 2013 (Cth) (NDIS Act). These historic failings, which occurred in 2019, resulted in the death of Ms Merna Aprem, while a client in the care of Afford.

The Federal Court case is a regulatory matter and will set legal precedent for breaches of the NDIS Act.

Afford accepts fault in all matters raised by the NDIS Quality and Safeguards Commission.

Afford’s Chief Executive Officer, Jo Toohey, said:

“The death of Merna Aprem is a tragedy. Afford takes responsibility for this and has pleaded guilty to breaching the NDIS Standards and Code of Conduct. Afford takes accountability for these past failings. Afford is awaiting final judgement and will meet all penalties to be applied by the Court.

“Afford’s new Board and Executive are guiding the organisation through a transformation process with many changes already implemented to ensure that this never happens again.

“The Board and Executive have cooperated in full with the Federal Court and the NDIS Quality and Safeguards Commission throughout these proceedings.”

For media enquiries, please contact:

• Lyndal Stuart, Head of Engagement and Public Affairs on 0410 850 642, email lyndal.stuart@afford.com.au
• Nikkie Beltran, Public Affairs Specialist on 0426 136 554, email nikkie.beltran@afford.com.au