(THEME MUSIC PLAYS)
OK, up onto your feet, Lily Reid.
ANNE CONNOLLY: The NDIS has transformed
ANNE CONNOLLY: the lives of thousands of people living with disabilities.
Here's the pansies that we planted last week!
(LAUGHS) Ready?
It's also become a booming business
with taxpayer funding of more than $40 billion this year.
Ram the door.
Keep going. Police! Search warrant!
Criminals, opportunists and registered providers
have been caught exploiting loopholes
to overcharge and defraud the scheme.
The NDIS is definitely being rorted. It requires fundamental surgery.
Some of the most vulnerable people with disability
Some of the most vulnerable people are being used as cash cows...
..preyed on for their NDIS funding.
These unscrupulous providers
are like sharks
that circle these people
looking for who they can pick off.
To my mind, that's abduction.
The NDIS Quality and Safeguards Commission
is supposed to protect people living with disabilities,
but it's failing the most vulnerable in the scheme.
ADELE LEICESTER: Three teeth were snapped at bone level.
What do you think would have happened if Ashlee had remained there?
What do you think would have happened She would have died.
Our investigation has uncovered shocking vision
of children with autism and intellectual disabilities
of children with autism being restrained unlawfully...
What came to light was a lot of very abusive practice.
What came to light Very abusive practice on children.
..and how the NDIS Commission doesn't hold providers to account.
So, you said that you saw the footage.
Um... What I saw was young people, um...
..being subject to restrictive practices.
FRANK LAMBRICK: There's absolutely no situation
where a restraint like that can be used.
where a restraint like that This really is abuse.
PETRA CHARD: The NDIS did nothing.
I'm just astounded that in Australia something like this could happen.
(BIRD SQUAWKS)
Australia's groundbreaking initiative in disability
Australia's groundbreaking is a saviour for countless families.
MELISSA KEITH: Before the NDIS,
I actually think they MELISSA KEITH: Before the NDIS,
I actually think they were some of the darkest days ever.
I actually think they That is almost a lost decade to me.
I was probably on duty 23 hours a day.
The NDIS has finally given Lily Reid the technology to express herself.
The NDIS has finally given Lily Reid COMPUTER VOICE: My name is Lily.
I am 18 years old.
Good work!
I finished school last year. I was school captain.
I finished school last year. (VOCALISES)
I have learnt who my daughter is.
I can see what she likes.
I can see what she doesn't like.
My favourite thing is dancing.
One, two, three.
(POP MUSIC PLAYS)
(VOCALISES)
(SINGS)
Lily has an incredibly rare genetic syndrome
Lily has an incredibly rare called Pitt-Hopkins syndrome.
It's changed the life of Lily's mother, Melissa, too.
It's changed the life Yep, to our car.
(VOCALISES)
The NDIS has meant that I can go (VOCALISES)
The NDIS has meant that I can go to work and I can earn an income
and give us a stability of life that we didn't have.
and give us a stability of life Up we go into the chariot.
Lily likes to go out and about.
She joined a lifesaving club.
Good morning. Hi. How are you, Melissa?
Hi. Hi, Lily!
How are you going today?
The scheme itself
has enabled Lily to have equipment
like a walking frame,
like a beautiful wheelchair,
a accessible vehicle.
And it means that Lily is actually accessing her community.
She's being seen. She's being included.
STAFF: Good morning! Hi, Lily! Good morning. (CHUCKLES)
GEOFF BELL: Most disabled people
don't even know that they should have rights.
People living with disabilities
have fought hard for equality and inclusion over decades.
PROTESTERS: (CHANT) No more cuts! No more cuts! No more cuts!
No more cuts!
No more cuts! No more cuts!
NATALIE WADE: When people with disability came out of institutions,
NATALIE WADE: When people with funding was scarce,
and, so, there were all funding was scarce,
and, so, there were all these really horrific stories
of people not having their everyday, very basic human rights met.
That was really the turning point of people not having their everyday, very basic human rights met.
That was really the turning point
that led us to the National Disability Insurance Scheme
to provide a consistent, reliable
disability care system
for all Australians.
The Prime Minister has the call.
Disability care starts in seven weeks' time
Disability care and there will be no turning back.
I commend this bill to the House.
Hear, hear!
(APPLAUSE)
The National Disability Insurance Scheme
gave people with disability their own funding
to purchase support and services from a private market.
The NDIS is a revolutionary scheme.
It's admired The NDIS is a revolutionary scheme.
It's admired
in many countries around the world
and what it's done
is shifted the balance of power
so that, people with disabilities,
we now have the choice and control
of our lives and of the services that we receive.
The NDIS has blown out,
this year costing more than Medicare
and projected to cost $90 billion a year within a decade.
The number of people on the scheme has soared
because the states have largely stopped funding services. The number of people on the scheme has soared
because the states have largely stopped funding services.
Yeah, so, look at this one.
(READS) "Too many shonky providers
"are offering respite accommodation..."
Three months ago we launched a crowdsourced investigation
asking people to tell us about their experience with the NDIS.
This is from an insider
saying, "Service providers are stealing money from clients
"by conducting bookings in the portal without their knowledge,
"not providing the service but still taking the money."
That seems to be a recurring theme.
Hundreds of participants, their families and workers reached out.
Hundreds of participants, their Yeah, we've got a few calls as well.
RECORDING: Providers charging exorbitant amounts of money,
taking massive amounts of fees.
The number-one concern -
overcharging and fraud.
RECORDING 2: I've had two providers embezzle money from my fund,
which have not been investigated.
Out of the way. Ram the door.
Police! Search warrant!
Keep going. Keep going. Police! Search warrant!
Keep going. Keep going. Go, go, go!
Headlines about NDIS fraud focus on organised crime.
We've now got 44 criminal investigations underway.
If they go with a plan manager...
But our investigation
found more money is being lost to legitimate providers.
It's actually very easy to overcharge or put in an invoice found more money is being lost to legitimate providers.
It's actually very easy to overcharge or put in an invoice
that is not legitimate.
Collin Mullane helps people coordinate their plans.
He tells us how providers can overcharge and defraud clients
by sending invoices directly to the National Disability Insurance Agency,
by sending invoices directly to the the NDIA,
which manages all payments.
So, the NDIS
would just pay an invoice regardless of whether the work has been done.
would just pay an invoice regardless It will just get paid.
Nobody is verifying It will just get paid.
Nobody is verifying that the actual work was done.
Participants are unaware they're getting ripped off,
and the NDIA is forking out the money.
It is unfortunately very easy
to put in fraudulent claims
because the NDIS systems
don't require you to upload a receipt.
When you make a claim, and even if you do upload a receipt,
there is no real system in the back end
to check the validity of the receipts that you're uploading.
The Auditor-General has been warning the NDIA for years
that these payment arrangements pose a high risk of fraud,
and as recently as June this year
said, "The frequency and rigour"
of its "assessment of fraud risks
"is insufficient."
The NDIS is certainly bleeding money this way.
We've been doing our own digging
into just how much is being overclaimed by providers.
So, when the NDIA checks up on providers
to see if they're overcharging or charging incorrectly,
to see if they're overcharging what do they find?
So, in June 2022
they identified tens of thousands of incorrect or non-compliant payments
worth almost $44.8 million.
Each year the NDIA has to estimate how much it thinks it's losing
because of errors and fraudulent activity.
And in the last financial year it was actually quite big.
So, the estimated potential financial impact of provider errors
So, the estimated potential was $606 million.
Wow.
$606 million from either errors or fraud by providers?
That's right. It's quite a big figure.
That's right. Yep.
JAMIE CULHANE: Gonna catch some fish today or what?
MATT: Fingers crossed, mate. Fingers crossed.
MATT: Fingers crossed, mate. (CHUCKLES)
Jamie Culhane greets each new day with optimism.
Makes me feel good. I love fishing.
I've got two favourite hobbies -
that's betting on the horses and fishing.
It's a massive change from where he was just 18 months ago,
It's a massive change living in shocking conditions.
It was like living in a hellhole, that place.
People like Jamie are at the mercy of NDIS providers.
Jamie lived at Sydenham Grace,
a supported residential service,
a type of boarding house in Melbourne.
The 56-year-old has schizophrenia and bipolar disorder
The 56-year-old has schizophrenia and was living with 16 other people,
many with psychosocial disabilities.
Yeah, this is the place. Yeah.
Yeah, this is the place. Yep.
The layout is like cells, one cell after another
The layout is like cells, all the way down the hallway.
There was a big padlock on the door
with a chain
so thick, massive, with a chain
so thick, massive,
like you were locked in like you're in prison.
These are the conditions which Jamie and others were living in
at Sydenham Grace and Grace Manor,
another boarding house connected to the same owners.
Both facilities were forced shut last year by the Victorian regulator,
which found people were kept in uninhabitable living conditions,
had insufficient food
and were subject to bullying, intimidation and abuse.
How did you feel living there?
Phoo. Shit.
It was bad place to live.
I went through hell in that place.
The boarding house wasn't an NDIS facility,
but the owners did have two NDIS businesses.
They signed up the majority of the residents in the house
They signed up the majority as their NDIS clients,
including Jamie.
This meant they could access some or all of their NDIS funding.
Why do you think they were signing you up for the NDIS?
Why do you think they were Can I tell you why?
I'll tell you why straight out.
For this.
That's all it's all about.
(PHONE LINE RINGS)
(ON PHONE) Hi!
Hello? Is that Parvinder?
Yes.
Hello, Parvinder. My name is Anne Connelly. I'm from the ABC.
Hello, Parvinder. My name We called Parvinder Kaur,
one of the co-owners of Jamie's boarding house.
The complaint that we've had
from people that have been signed up by you as their NDIS provider
is that you're really only in it for the money.
I would say I highly disagree with that.
We provide more services,
I would say, sometime even the funding is not there.
I would say, sometime We are doing above and beyond.
Should you be an NDIS provider
when you've had two facilities Should you be an NDIS provider
when you've had two facilities closed down by the state regulator
because of the very poor conditions there?
The proof the facilities closed down is for any number of reasons.
It can be a personal vendetta, it can be any reason.
But is there any proof
which makes me ineligible
to be looking after the people who are disabled?
The NDIS regulator, the Quality and Safeguards Commission,
deregistered one of Ms Kaur's companies, which she's contesting,
but it allowed her to remain an NDIS provider.
Thanks, Anne. Have a good day. Thank you. Thanks, Parvinder.
Thanks, Anne. Have a good day. (PHONE LINE BEEPS)
They're now free to set up new companies
They're now free and go about their business
of apparently looking after our most vulnerable people.
It's disgraceful. Nobody should be treated like this.
There are 4,000 people
living in other boarding houses of this type in Victoria.
1,600 of them have NDIS packages worth $200 million a year.
How attractive are they to unscrupulous providers then?
How attractive are they Well, at $200 million,
they are extremely attractive.
Charlotte Jones has evidence
that many of these residents have been lured to private accommodation
by unscrupulous providers,
sometimes taken in the dead of night.
It is human trafficking.
You're trafficking that person It is human trafficking.
You're trafficking that person for the financial gain.
You'll have somebody walking in saying,
"Well, I have this house in this place,
"Well, I have this house "and you can come and live there
"and we'll give you pizza "and you can come and live there
"and we'll give you pizza every night
"and we'll give you pizza "and there'll be a flat-screen TV
"and you can always choose what you watch
"and you can always choose "and you'll have your own room,"
and all of these other things "and you'll have your own room,"
and all of these other things to entice them to come with them.
Anyone can be an NDIS provider, sign up participants
Anyone can be an NDIS provider, and charge for services
even if they don't deliver them.
When they're brought out here
they're removed from their communities,
so, they become really isolated.
(BIRDS TWITTER)
It's here in Melbourne's outer suburbs
that providers are bringing people to live.
A group of nurses have taken matters into their own hands
A group of nurses have taken matters and have been rescuing them.
Linda Karafili tells us about one in particular.
I remember receiving a call from him absolutely desperate
saying, "I'm scared to leave. I'm going to be homeless."
There is so much money to be made saying, "I'm scared to leave. I'm going to be homeless."
There is so much money to be made
from ripping off these clients.
So, are these people cash cows?
Absolutely. Absolutely.
I would...
The way that these people are treated
is like they are stock for these operators,
so, the more stock they have
the more revenue...NDIS taxpayer revenue they're bringing in.
the more revenue...NDIS taxpayer So, yeah, absolutely cash cows.
Linda and her fellow nurses have been warning NDIS regulators
about this disturbing practice for five years.
about this disturbing practice Their concerns were ignored.
Myself and many of my colleagues have contacted the NDIS Commission,
Myself and many of my colleagues spent hours on the phone.
We all are aware what is happening to people,
the terrible circumstances the clients are in.
But we just... We can't be heard.
We're not having anyone take that on board and take any action.
Tracy Mackey is the NDIS Quality and Safeguards Commissioner.
She's the regulator responsible
for ensuring people with disabilities are safe from abuse and neglect.
Do you know where all of those people are?
We shouldn't know where all they are. Do you know where all of those people are?
We shouldn't know where all they are.
We're not keeping tabs on, as I said, the individual decision-making
of where someone might choose to live.
That is absolutely part of their right.
And, in fact, at the forefront of what we do at the commission
is the rights of people with disability,
making sure that we uphold and respect those rights.
making sure that we uphold So, how can you be sure they're safe?
If they have a disability,
they might not have family
and they have a provider who's taking advantage of them.
If they have a provider who's taking advantage of them,
we would really encourage them to get in contact with us.
And there are a range of ways that they can do that...
Sorry to interrupt you, but these are people with psychosocial disabilities
Sorry to interrupt you, but these are who may not have access to a phone,
don't know how to reach the commission.
Do you really expect that they're going to be making a complaint
about the provider who is responsible for their welfare?
So, that's why we're so pleased
to see the number of complaints So, that's why we're so pleased
to see the number of complaints increasing.
Complaints are at a record high of 16,000 this year,
up more than 40% on the previous year.
I think, in hindsight, the NDIS was rolled out too quickly.
I think, in hindsight, It would have been better
had it proceeded
at the original pace recommended by the Productivity Commission,
with plenty of time to do the trials, to gather lessons learned,
to potentially fine-tune the scheme
before it was scaled up
to the full cohort before it was scaled up
to the full cohort of 500,000 to 600,000 participants.
Hassan Noura was the head of strategy at the NDIA.
Hassan Noura He left early last year.
He says safeguarding people with disability
was left behind in the rush to get the NDIS up and running.
The Quality and Safeguards Commission
simply does not have the resources and the capacity
simply does not have to be able to properly safeguard
the welfare, the safety to be able to properly safeguard
the welfare, the safety of participants in the scheme.
(WAVE CRASHES)
It was here in Budgewoi on the New South Wales Central Coast
that Adele Leicester raised her family,
that Adele Leicester including her only daughter, Ashlee.
Did you say hello to Bailey?
Say, "Hi, Bailey."
You want Bailey to sing to you?
I'll sing to ya.
Come on.
(CRIES)
She was always happy.
She liked going to school.
We didn't know she had a disability,
but we figured it out before the doctors.
So...
She has cerebral palsy, So...
She has cerebral palsy,
severe intellectual delay,
epilepsy
and autistic tendencies.
When Ashlee was in her early 20s
she moved into this group home
with four other people she moved into this group home
with four other people with intellectual disabilities.
The home is run by Lifestyle Solutions,
one of the country's biggest NDIS providers,
receiving $183 million last year in taxpayer funds.
VIDEO VOICEOVER: We see you. Lifestyle Solutions. receiving $183 million last year in taxpayer funds.
VIDEO VOICEOVER: We see you. Lifestyle Solutions.
Everyday disability support you can count on.
In 2020
Adele says Lifestyle Solutions In 2020
Adele says Lifestyle Solutions began calling her,
Adele says Lifestyle Solutions saying there were altercations
between her daughter and other residents.
What was the sense that you were getting
from Lifestyle Solutions management
about what was happening?
That they were minor incidents.
They were all Ashlee's fault
because of Ashlee... They were all Ashlee's fault
because of Ashlee... she DOES make noises,
and her noises was irritating the other clients.
It didn't really work well. and her noises was irritating the other clients.
It didn't really work well.
There was five residents in the property,
all with high needs, high behaviours.
Amie Carroll was one of Ashlee's support workers
Amie Carroll at the Lifestyle Solutions home.
She says there were frequent assaults.
So, this is an incident report you filled out. What happened here?
So, this is an incident report This was an incident
where Ashlee was physically assaulted by another resident.
He had put her in a headlock
and had bit her on the upper back and pulled her hair.
and had bit her on the upper back It was very aggressive.
And how often were these assaults happening in there?
Two to three times a week, I'd say.
In June 2021
an ambulance was called after an incident involving Ashlee.
She wasn't taken to hospital.
Amie found her the next morning.
She says her teeth were so loose they were falling out.
I found her in bed, covered in blood all up the side of her face
I found her in bed, covered in blood and her mouth was bleeding.
It was on the pillow cases and the sheets.
I had to wait until 8:00 to be able to call my team leader.
I had to wait until 8:00 And once I spoke with her, I said,
"Ashlee needs to go to the hospital."
And she said, "No, Ashlee is going to the day program."
I ended up calling Adele and sent Adele some photos through of Ashlee
so we could get some immediate medical treatment for her.
Ashlee's mother didn't know about this incident
until Amie informed her.
Over the next five months
Ashlee had three separate surgeries to have false teeth implanted.
Can you tell me what Lifestyle Solutions told you had happened?
I was told she was running to her room, which she can't run. Can you tell me what Lifestyle Solutions told you had happened?
I was told she was running to her room, which she can't run.
She tripped over
shoes that was on the ground
and fell backwards.
And, as she was falling backwards,
her hands came up And, as she was falling backwards,
her hands came up and she hit herself in the face.
her hands came up And broke her teeth?
Three teeth were snapped at bone level and two teeth were loose.
I don't really know what happened.
I just know it couldn't possibly have been what they told me.
The dentist told me that as well.
Adele then discovered
the previous attacks on Ashlee Adele then discovered
the previous attacks on Ashlee were much more severe.
She obtained reports and photos
which showed a black eye, bruising and bites,
including a bite on her face so deep it scarred.
Her life was getting attacked probably for 18 months, two years.
The most shocking to see, I think, was the bite on the cheek.
She was in bed asleep
and another resident went in She was in bed asleep
and another resident went in and bit her on the face.
But by 'bite', she bites on and doesn't let go.
This is what gets me. (LAUGHS DRYLY)
What was she thinking?
No-one was helping her.
No-one.
You know?
Imagine living like that.
And she couldn't tell anyone.
She couldn't speak. She couldn't...
..couldn't let us know.
To think that we'd had this 10-year relationship,
To think that we'd had and it was all a lie.
They'd been hiding things from me.
Adele had been agitating to have Ashlee removed from the house
and made a formal complaint to the NDIS Safeguards Commission.
I sent them pictures and incident reports that I had,
I sent them pictures and they said they'd investigate.
The safeguarding actions
were taken immediately,
and part of that included
her moving to different accommodation.
And, following that, there was also a range of compliance actions.
What were the compliance actions taken with them?
There was work done with them around the requirements
There was work done with them around their workforce.
There was work done with them around meeting certain compliance elements,
so, areas of non-compliance.
But what sort of penalty?
There are circumstances in which you would issue a penalty,
There are circumstances penalty infringement notices...
But you didn't in this situation.
A penalty infringement notice wasn't one of the levers
that the delegates at the time decided to utilise.
In a statement to Four Corners
Lifestyle Solutions said it worked "with Adele
"to obtain supports better suited to Ashlee's needs,"
and said it shared its "deepest empathy
"for the distress this situation has caused."
Well, you know... Tss! Who cares? No-one cares.
Well, you know... Tss! Like, Lifestyle didn't care.
NDIS didn't seem to care.
No-one cared.
What do you think would have happened if Ashlee had remained there?
She would have died. I'm sure. She would have died.
(BIRDS SQUAWK)
Big step.
Good girl.
You want to go and see the ducks?
No?!
Poor ducks.
A lot of these people in the group homes don't have parents.
It's, you know... There's got to be more accountability.
It's, you know... There's got to be You look very pretty.
You've got your butterflies in.
But they've got to monitor them.
PETRA CHARD: You've got to put all your engines together.
I want to check this one, this big battery.
I want to check this one, This big, giant battery!
Yep, that one's good. That one's good. Yeah.
One of the fastest-growing groups of people on the NDIS
One of the fastest-growing is children with autism.
Jadon's just the most incredible young man.
Jadon's just the most incredible Same.
Oh, no!
He fills everyone's heart with joy.
Everyone falls in love with him.
17-year-old Jadon Chard
is happiest when he's surrounded by people who love and care for him.
Because you are the best at building big, long trains.
Because you are the best Absolute best.
He just has an infectious personality.
Mum, can I play the PS4 now?
I reckon you've done amazing, mate.
Jadon has an intellectual disability, autism and ADHD.
Alright. You ready? Ready!
His disabilities sometimes present as behaviours of concern,
His disabilities sometimes present and in early adolescence
those behaviours became more frequent and severe.
Whoa! Good shot, Jay!
Petra, a single mum of three, was desperate for help.
My kids and I, our lives were ruled by Jadon.
Everything we do every day
was ruled by Jadon.
His demands in our household was ruled by Jadon.
His demands in our household were number one.
His demands in our household What Jadon says went.
Jadon was referred to Irabina Autism Services in Melbourne,
promoting itself
as the biggest paediatric autism provider in Australia.
It ran a course for children called the Severe Behaviour program as the biggest paediatric autism provider in Australia.
It ran a course for children called the Severe Behaviour program
based on its own version of a contested therapy
called applied behaviour analysis, or ABA.
IRABINA PROMO: I've had parents tell me
that they felt like we have saved their life quite literally...
Irabina had imported the program from a US autism centre
and had even brought three of its therapists over.
You are desperate,
and when someone says,
"We've got a solution
"and we can change your lives,
"we will make your lives different,"
well, of course you jump at it.
Ooh, look, he's coming out! well, of course you jump at it.
Ooh, look, he's coming out!
ABA therapy varies,
but it essentially aims to reduce behaviours of concern
through repetitive exercises. to reduce behaviours of concern
through repetitive exercises.
Santa's already been! (GASPS)
In 2020, when Jadon was 14,
he was signed up to attend the program
he was signed up six hours a day, five days a week.
Oh, yes!
The year-long treatment was paid for by the NDIS.
How much did it cost?
It was over half a million dollars.
I mean, they've given you this enormous amount of money
I mean, they've given you for this program.
Why wouldn't you believe in it?
Why would you think...
..it...
..that it's not right?
Jadon had most of his therapy at Irabina
before his treatment moved to the family home.
IRABINA WORKER: Straight ahead to the room.
Oh!
(YELLS)
(SCREAMS)
Petra saw Jadon being asked to comply with instructions
over and over again.
(CRIES)
She was alarmed and decided to film it.
So, they would ask him to follow an instruction,
and if he refused
they would force him to follow that instruction.
So, for example, if they asked him to brush his teeth
So, for example, and he refused,
they would continue to deliver and he refused,
they would continue to deliver that exact same instruction...
..for anything up to a couple of hours
..for anything until they forced him
to brush his teeth.
Sitting in the centre of the room.
No! You have five seconds.
No! Five...
(YELLS)
To the centre of the room or we'll move you.
To the centre of the room Five, four, three, two, one.
(SCREAMS)
(CRIES)
They would just repeat over and over
to "Move into the centre of the room or we will move you."
And if he didn't move,
they would physically move him
even if he was shouting and screaming at them to stop.
even if he was shouting And they wouldn't stop.
(GRUNTS)
Jadon, you're not keeping your calm and your cool, buddy.
Jadon, move into the centre of the room
Jadon, move into the centre or the teacher will move you.
Five, four, three, two, one.
Here the therapists want Jadon to sit on a cushion.
(YELLS)
(YELLS INDISTINCTLY)
Centre of the room.
It was so disgraceful.
And so horrific and so traumatic.
And so wrong.
Like, through the entire program,
I would go to them with my concerns
and I would end up in the CEO's office
being convinced that I was the one that was wrong.
Now an insider is blowing the whistle publicly
on what happened at Irabina Autism Services.
Melissa Webster was the Chief Operating Officer.
Why have you decided to speak out today?
I'm doing it because I'm doing it for the human rights Why have you decided to speak out today?
I'm doing it because I'm doing it for the human rights
of the people that deserve a great life.
What came to light was a lot of...
..very abusive practice.
Very abusive practice on children.
There were children that were...
..held down,
children that were...
..secluded and restrained really significantly.
..secluded and restrained It wasn't until later
that I found out that...
..were not actually...
..practices that are legal here in Australia or Victoria.
Hi, everyone. ..practices that are legal here in Australia or Victoria.
Hi, everyone.
With so much happening in our world at the moment,
I wanted to send this out to give you all something to smile about.
The CEO at the time, Debra Goldfinch,
established the program at Irabina.
Her daughter, who had no previous experience in disability,
Her daughter, who had no previous managed the program
and was responsible for the children's human rights.
Irabina's treatment involved physical restraints
and by law had to be approved by a state office
called the Victorian Senior Practitioner.
That office told Irabina it couldn't use some of those restraints
because they're prohibited in Australia.
because they're prohibited Irabina went ahead anyway.
There were so many people that came forward afterwards.
They raised concerns. They raised complaints.
They said they didn't agree with the program,
they didn't agree with what they were seeing.
But they didn't feel heard.
Some other people have told us
that they weren't allowed in that section
that they weren't allowed where that program was happening,
that it was quite hidden.
Yeah. What would you say about that?
Yeah. It's true. It's true.
After months of research and contact with former workers from Irabina,
we've now obtained CCTV footage
from inside the Severe Behaviour program.
from inside We now know children had treatment
in one of six small, windowless rooms
with one-way mirrors for observation.
18 children, including Jadon Chard, attended.
18 children, including Jadon Chard, There were both boys and girls.
And we're told most of them were aged between 10 and 14.
In this video
staff in protective gear
have been called to one of the padded rooms
where children spent hours each day.
When there was a so-called uncontrolled behaviour
workers called each other for backup on walkie-talkies.
workers called each other A warning -
what you're about to see A warning -
what you're about to see is extremely disturbing.
You two got legs.
(WORKER SPEAKS INDISTINCTLY)
This boy has a severe intellectual disability, autism and is nonverbal.
This boy has a severe intellectual (BOY MOANS)
(YELLS)
(CRIES)
The boy is told he must be calm for five minutes
and then he will get some pain medication.
He lasts 3.5 minutes.
(BOY MOANS)
(SCREAMS)
(SCREAMING CONTINUES)
Six workers keep him pinned to the ground for just over seven minutes.
(SCREAMS)
(WORKERS SPEAK INDISTINCTLY)
When he's finally released,
he's encouraged to high five one of them.
Top job! he's encouraged to high five one of them.
Top job!
I love it.
(SPEAKS INDISTINCTLY)
I think that the whole environment
is, you know,
to me, seems to be enormously intimidating.
to me, seems to be To me, it's just this...
..the whole scenario To me, it's just this...
..the whole scenario was unacceptable.
(BOY MOANS)
Our researcher, Jess,
asked for an expert opinion from Dr Frank Lambrick,
the former Victorian Senior Practitioner.
the former (BOY SCREAMS)
Well, it's a prone restraint.
It's a prohibited restraint.
There's absolutely no situation It's a prohibited restraint.
There's absolutely no situation
where a restraint like that can be used.
Prone restraint is probably the most riskiest
of the prohibited restraints, if I could say that,
of the prohibited restraints, because it involves
forcing a person to lie face down,
therefore putting pressure forcing a person to lie face down,
therefore putting pressure on internal organs, etcetera.
I'm finding it very hard to watch this, actually.
I'm finding it It's not lawful.
This really is abuse.
An independent review from 2021
and obtained by Four Corners
found that using this prohibited restraint
"with an intellectually disabled child when the child was in crisis
"is inconsistent with the right to humane treatment"
under Victoria's Human Rights Charter.
The review was told other types of prohibited restraints
were also used on other children at Irabina.
What's your understanding of what happened at Irabina Autism Services?
They were a service provider that particularly used, um... What's your understanding of what happened at Irabina Autism Services?
They were a service provider that particularly used, um...
..quite, um...
..particularly provided supports
to participants with really complex
and often quite challenging to participants with really complex
and often quite challenging behaviours,
and, so, they had a particular approach.
That approach had been in place for some time.
And when we became aware of what was happening there
in terms of their approach,
there was immediate action taken
to cease a number of elements of their practice.
Did you or anybody from the commission
see the footage of children being restrained?
I've seen some of the footage, and it is deeply concerning.
And that's why staff took action immediately
to make sure that participants were safe and the practice ceased.
At the time of this interview
Four Corners had not seen the footage.
Four Corners I've been told that it shows
therapists wearing gridiron-style gear holding children down.
As I've said, it's deeply concerning
and not something that should be tolerated.
The NDIS Commission
says it closed down The NDIS Commission
says it closed down the Severe Behaviour program in 2021.
It ordered staff to undertake training,
but didn't fine or deregister Irabina.
We've seen so many families come through our centre...
We've seen so many families It also didn't take any action
against the then CEO, Debra Goldfinch, or her daughter.
Debra Goldfinch now heads another autism service for young children.
It's actually going to be bigger, brighter, shinier.
It's actually going The regulation says
you'll apply the strongest actions to the most serious issues and breaches.
you'll apply the strongest actions to This is a human-rights breach,
and you decided This is a human-rights breach,
and you decided that they didn't deserve a fine,
that you would just create some compliance action.
Why not take more serious action against them?
There are a range of actions that we can take with any provider,
and shutting down that particular service
and ensuring that that program was not operating anymore
was the decision that the commission made at that time.
Ms Goldfinch and her daughter told Four Corners through their lawyers
that "they were employed in non-clinical roles" at Irabina.
that "they were employed They added that:
The NDIS, they should have known.
They should never have allowed it to happen.
Yet it went for two and a half years.
I'm just astounded that in Australia something like this could happen.
It was Melissa Webster who alerted the NDIS Commission
to the prohibited practices at Irabina.
to the prohibited practices If you hadn't blown the whistle,
do you think this program If you hadn't blown the whistle,
do you think this program would be continuing right now?
do you think this program I do think that if
I hadn't have raised these concerns I do think that if
I hadn't have raised these concerns
and hadn't have...
..done the investigation
and gone out and asked for an external investigation
and reached out to all of the regulators,
I think that probably would have done.
It did for so long.
In a statement
Irabina said that its intention
the highest level of care"
"was always to provide the highest level of care"
and it "truly regrets the highest level of care"
and it "truly regrets
"if it did not meet this objective
"and any distress has been caused."
RECORDING: Welcome to the NDIS Quality and Safeguards Commission.
We are currently experiencing a high volume of calls.
Petra Chard has had to resort
to lodging Freedom of Information requests with the NDIS Commission
to lodging Freedom of Information because she and other families
are still in the dark because she and other families
are still in the dark about what happened at Irabina.
Good boy.
Ryder, sit. Sit.
Good boy!
PETRA CHARD: You and Ryder used to do slides together
when you were younger.
Come on. Come on, Ryder. Round here.
Come on. This way.
They have a duty of care
to all the children that went through that program.
And they still haven't investigated.
And the families And they still haven't investigated.
And the families and the children that were there
have never been informed of what's happened.
NDIS Minister Bill Shorten
declined our invitation NDIS Minister Bill Shorten
declined our invitation for an interview.
He didn't answer specific questions about Irabina, but said: declined our invitation for an interview.
He didn't answer specific questions about Irabina, but said:
He added that his:
Ashlee, go and get the blue pipe for me so I can...
Over here. The blue one.
Findings from two national inquiries into disability
Findings from two national are about to be released -
the Royal Commission and the year-long review into the NDIS.
We'll go to the shops on the way back to your house.
Our investigation shows
that, despite billions of dollars being pumped into the system,
people with disabilities have been abused in Australia
and no-one is paying the price for that.
The Quality and Safeguards Commission
must be responsive to allegations of abuse and neglect.
must be responsive It's unacceptable
if complaints are being received
that are not resulting in appropriate action being taken.
They have to hold the practitioners accountable.
They have to hold the CEO accountable.
They have to hold the board of directors accountable.
And then they have to show the community
that they've held everyone accountable
so that other providers
see that when you don't do what's right,
when you abuse our most vulnerable in the community,
when you abuse our most vulnerable that you don't get away with it.
Captions by Red Bee Media
Copyright Australian Broadcasting Corporation