An independent inquiry into aspects of the care provided to South Australian woman Ann Marie Smith has found no significant failings by the NDIS Quality and Safeguards Commission.
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Ms Smith, who had cerebral palsy, died in hospital in April from septic shock, multiple organ failure, severe pressure sores and malnourishment.
Her death has been subject to a police investigation, with her former carer Rosa Maria Maione charged with manslaughter.
NDIS Quality and Safeguards Commissioner Graeme Head also launched an independent investigation by former Federal Court judge Alan Robertson, with his report on Friday essentially clearing the commission in how it exercised its regulatory functions.
Mr Robertson said on the question of whether it should have acted earlier to ban Ms Maione, the commission had no information to take such action before Ms Smith's death.
He said there had been no complaints made to the commission and no incidents reported in relation to the 54-year-old's care.
And in terms of action against her care provider, Integrity Care, Mr Robertson found that once the commission became aware of Ms Smith's death, it took steps in relation to the company.
"I have not identified any significant failings in the nature or timing of those steps," he said.
Integrity Care has since had its registration revoked by the commission.
However, Mr Robertson's report did identify a number of structural impediments to the commission acting earlier in this case, including its inability to access participant data in real-time and its reliance on the providers that it regulates for timely and accurate information.
Responding to the report, federal NDIS Minister Stuart Robert said he shared the deep distress and concern felt across the Australian community in response to the death of Ms Smith.
'The government has already taken action to strengthen systems and processes to bolster support for vulnerable or at-risk NDIS participants,' Mr Robert said.
'Since the beginning of the coronavirus outbreak, the National Disability Insurance Agency has reached out to around 70,000 participants who have been identified as being at greater risk, not just to coronavirus but to the impacts of the pandemic, including isolation.
'Proactive outreach activities to check-in on NDIS participants will be a key feature of the NDIS going forward."
The minister said the federal government would also provide the NDIS Commission with an extra 100 staff and $92.9 million over the next four years in an effort to "take no chances with the safety of people with disability".
"We are committed to ensuring the quality and safeguarding framework we have put in place for NDIS participants is as robust, comprehensive and responsive as it can be," Mr Robert said.
Australian Associated Press
