Section 11B — National Disability Insurance Scheme Act 2013: Definition of serious contravention

(1) A contravention of a provision of this Act is a serious contravention if the conduct that contravenes the provision: (a) involves a significant failure; or (b) is part of a systematic pattern of conduct. Significant failures (2) The conduct of an NDIS provider (the relevant provider) or a member of its key personnel involves a significant failure if the conduct represents a significant departure from the conduct that could reasonably be expected from an NDIS provider or its key personnel, having regard to the requirements that the following are subject to under this Act: (a) NDIS providers and their key personnel; (b) if the relevant provider is a registered NDIS provider—registered NDIS providers and their key personnel. Systematic pattern of conduct (3) In determining whether the conduct of an NDIS provider or a member of its key personnel is part of a systematic pattern of conduct, regard must be had to the following: (a) the number of times the provider’s or key personnel member’s conduct has not complied with a provision of this Act (the relevant contraventions); (b) the period over which the relevant contraventions occurred; (c) the number of individuals affected by the relevant contraventions; (d) the provider’s or key personnel member’s response, or failure to respond, to any complaints about the relevant contraventions.