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IMPROVEMENT NOTICE
This notice is issued under the Commonwealth Work Health and Safety Act 2011 (WHS Act), s 191. This notice requires
the person to whom it is issued to remedy a contravention of the WHS Act or the Commonwealth Work Health and Safety
Regulations 2011 (WHS Regulations).
The WHS Act, s  210  requires  that  the person to whom  an improvement notice is  issued must,  as soon as possible,
display a copy of the notice in a prominent place, at or near the workplace or part of the workplace, at which work is
being carried out that is affected by the notice.
NOTICE ISSUED TO:
Notice Number:
MC00028634 -NT03-C1
Legal name of person:
NDIS Quality and Safeguards Commission
ABN:
40293545182
ACN:
Trading as:
NDIS Quality and Safeguards Commission (NQSC)
Address line 1:
P O Box 210
Address line 2:
Penrith NSW 2750
DETAILS:
Site
All NQSC workplaces
location:
I, Ljiljana Straga, being an Inspector appointed under the WHS Act s 156 reasonably believe that on 21/04/2023, at
04.00 PM you:
☒ are contravening a provision, or ☐ have contravened a provision in circumstances that make it likely that the
contravention will continue or be repeated, of the:
☒ Work Health and Safety Act 2011 (Cth), s   19(1), s19(3)(a) & s19(3)(c) ☐ Work Health and Safety Regulations 2011
(Cth), r number
BRIEF DESCRIPTION OF HOW THE PROVISION IS BEING OR HAS BEEN CONTRAVENED:
1. In November 2022 Comcare received information about concerns regarding NQSC management of the risks to
workers health arising from the psychosocial hazard of Job Demands in NQSC workplaces.
2. The concerns were that the NQSC risk management system in relation to psychosocial hazard of work demands,
specifically extremely high workloads (Work Demands Hazard) is ineffective or failing, and that NQSC had been
aware for the past three years of negative health impacts of prolonged and extreme exposure to work related
stress from Work demands.
3. On 3 November 2022 Comcare commenced MC00028634 Inspection (the Inspection) in response to the WHS
Concern. I requested and was provided with information and documents from NQSC (NQSC documentation) in
relation to their system for managing risks to workers’ health and safety arising from the Work Demands Hazard.
4. I reviewed the NQSC documentation and formed a reasonable belief that the NQSC lack a psychosocial hazard risk
management system compliant with the Work Health and Safety Act 2011 (Cth) (WHS Act). My belief is based on
the following observations:
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a.  The NQSC was aware of workers’ concerns regarding the Work Demands Hazard since 2021 because Austral-
ian Public Service (APS) Employee Census results from 2021 and 2022 indicated that a high number of re-
spondents described their workloads as above their capacity, and there were ongoing communications ex-
pressing those concerns to NQSC between end of 2021 and the end of 2022.
b.  The NQSC advised that the ‘Actions on a page‘ document (NQSC Plan) was developed in response to the APS
Census results and the NQSC Culture Review which was undertaken in August/September 2021. This in-
cluded:
i.  “Implementation of a Buddy System”, due to commence in the first quarter of 2022; and
ii.  “Competency framework developed” due to commence in the second quarter of 2022 in relation to the
finding of “Performance and areas having the appropriate skills, capabilities and knowledge”.
c.  However, NQSC’s response dated 20 February 2023 to statutory notice MC00028634-NT01 did not provide
any evidence that any actions outlined in the NQSC Plan were implemented (either fully or in part), or are
being implemented. Further, it advised that the NQSC Plan was superseded by “the Commission’s Future
State program of work that has been undertaken and implemented since the appointment of a new Commis-
sioner. The Future State work includes the implementation of the Commission’s Strategic Plan, Corporate Plan
and Workforce Plan”.
d.  I consider that those NQSC documents did not describe any specific actions to address the issues identified in
the APS Census results, or explain how risks to health and safety of workers arising from psychosocial haz-
ards, including the Work Demands Hazard, are to be identified, or eliminated or minimised, so far as is rea-
sonably practicable. The documents do not demonstrate how NQSC is meeting its duty to ensure, so far as is
reasonably practicable, that workers are not exposed to risks to their psychological health and safety arising
from psychosocial hazards, including the Work Demands Hazard. In my view:

i.  The documents are corporate and strategic in character. For example, the ‘NQSC Corporate Plan 2022-23’
only provides mission statements regarding core functions/services to customers.

ii.  The ‘Data and Digital Roadmap’ document does not indicate how risks to health and safety of workers
arising from psychosocial hazards, including Work Demand Hazard, are to be identified, eliminated or
minimised.

iii.  The ‘NDIS Quality and Safeguards Commission - High Level Regulatory Approach’ document outlines
NQSC’s regulatory approach regarding NQSC core business. It does not indicate how risks to health and
safety of workers arising from psychosocial hazards, including the Work Demands Hazard will be identi-
fied, eliminated or minimised.
e.  NQSC provided information to me on 11 April 2023 indicates that, based on the review of Complaints Com-
missioner Division (CCD), NQSC has:
i.
Implemented a new service model in CDD with ‘manageable levels’ of workload. However, no infor-
mation was provided about when the new service model would commence (or had commenced), how
‘manageable’ workload levels were determined and how the new structure / operating model will be
monitored and maintained.
ii.
Approved an “initial program of work” based on the findings from the Reportable Incidents functions
review. This includes a “shift from reactive to proactive compliance strategies” and implementing a “Tri-
age function”. However, no information was provided about when this program will be implemented or
how it will assist with managing workload demands.
iii.
As part of the Reportable Incidents Review, NQSC formed three Working Groups including the ‘Work-
force Support working group’. The purpose of the Working Groups includes to “establish inputs and sug-
gestions on how to baseline and measure outputs. This will include understanding workloads and the
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appropriate allocation of work”. However, NQSC advised that “a detailed change plan” is yet to be de-
veloped or implemented, and no information was provided about a timeframe for its completion.
iv.
Commenced “consulting with staff on changes to structure” including “Creating multifunctional teams,
implementing a comprehensive review of policies, procedures and work instructions, Developing a regu-
latory capability learning and development program, Implementing a whole of organisation Regulatory
Risk Framework”. However, information was not provided to indicate if these actions have been en-
dorsed/approved, what their completion timeframes are, and how the ongoing monitoring/mainte-
nance of these actions will be achieved.
f.  I also note that the NQSC provided copies of its Risk Management Framework and Risk Management Policy
as evidence of its psychosocial hazard and risk management system. Both of these documents were ap-
proved in 2018 but have not been reviewed since, and neither has a specified review cycle.
i.
The NQSC ‘Risk Management Policy’ is a policy statement (“a statement of the overall intentions”) con-
cerning organisational risk management with no information or references regarding psychosocial haz-
ards risk management, including the Work Demands Hazard.
ii.
The NQSC ‘Risk Management Framework’ outlines a broad risk management framework which does not
describe how the risk management process is to be applied in relation to any hazards/risks at the work-
place, including psychosocial hazards, such as the Work Demands Hazard.
5.  As a person conducting a business or undertaking (PCBU), NQSC has a duty under the WHS Act to ensure, so far as
is reasonably practicable:
a.  19(1) – that the health and safety of workers is not put at risk from the work carried out as part of conduct of
the business or undertaking.
b.  19(3)(a) – the provision and maintenance of a work environment without risks to health and safety.
c.  19(3)(c) – the provision and maintenance of safe systems of work.
6.  This includes a duty to ensure, so far as is reasonably practicable, that its workers are not exposed to
psychological health and safety risks arising from the conduct of the business or undertaking.
7.  There is a risk to health and safety, being a risk to psychological health and safety associated with excessive work-
load demands.
8.  I am not satisfied the NQSC has a system in place to manage the risks to psychological health and safety associ-
ated with high work demands. For example, while I note that the NQSC has committed to implementing a range
of measures as discussed at paragraph 4e above, such measures have not been taken and no timeframes have
been identified for doing so. Given the nature of the risks identified, I am not satisfied that the NQSC has identi-
fied, assessed and controlled the risks associated with the evident psychosocial risks currently being experienced
by the relevant workers.
9.  The NQSC is required to do what is reasonably practicable to ensure health and safety having regard to arrange of
factors including the likelihood of the hazard or risk occurring, the degree of harm that might result, what is
known or ought to be known about the risk and the availability and suitability of ways to eliminate or minimise
the risk.  On balance, I consider that there are suitable and available measures which the NQSC could take in or-
der to address the immediate risks associated with psychosocial hazards including excessive workload. This in-
cludes a review of workload levels and the implementation of interim controls regarding the immediate risks aris-
ing from excessive or unmanageable workloads. This might also include implementing the measures identified at
paragraph 4e above.
10.  Taking into account all of the above, I have formed a reasonable belief that NQSC is contravening subsections
19(1), 19(3)(a) and 19(3)(c) of the WHS Act

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DIRECTIONS (if any) AS TO THE MEASURES TO BE TAKEN TO REMEDY OR PREVENT THE
CONTRAVENTION OR LIKELY CONTRAVENTION: (Compliance is mandatory)
(Select one:)
☒ Remedy the contravention by:
☐ Prevent a likely contravention from occurring by:
☐ Remedy the things or operations causing the contravention or likely contravention by:
1. Conduct, in consultation with workers, a review of the NQSC’s workload levels, Risk Management Framework and
Risk Management Policy to ensure that they:
a. Identify psychosocial hazards and risks at the workplace, including the Work Demands Hazard; and
b. Identify reasonably practicable control measures that eliminate or minimise, so far as is reasonably
practicable, the identified psychosocial hazards and risks, including the Work Demands Hazard.
2. Implement the revised NQSC Risk Management Framework and Risk Management Policy so that the identified
reasonably practicable control measures are implemented at the workplace.
3. Provide workers with the necessary information, training, instruction and supervision in relation to the revised
Risk Management Framework and Risk Management Policy.
RECOMMENDATIONS (if any): (Compliance is not mandatory)
In remedying the contravention you may consider the following:
1. Approved Work Health and Safety (How to Manage Work Health and Safety Risks) Code of Practice 2015.
2. Approved Code of Practice Work Health and Safety Consultation, Co-operation and Co-ordination, 2015.
3. Safe Work Australia guide ‘How to determine what is reasonably practicable to meet a health and safety  duty’,
May 2013.
4. SafeWork Australia ‘Managing psychosocial hazards at work Code of Practice’
5. Work Demands -Practical guidance for Employers by Comcare at Work demands - Practical guidance for
employers (comcare.gov.au)
NOTICE ISSUED BY:
Inspector: Ljiljana Straga
Inspector ID: 084
Email: xxxxxx.xxxxxxxx@xxxxxxx.xxx.xx
Phone: (08) 81240509
Signature
Postal Address: GPO Box 1993, Canberra, ACT 2601
DATE OF ISSUE 21/04/2023
This section is completed if the notice is to be delivered in person by a Comcare Inspector.
Name of person notice was personally delivered to:
Relationship to the person issued the notice:
THIS CONTRAVENTION MUST BE REMEDIED NO LATER THAN 24/08/23
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PENALTIES
You must comply with this notice. Failure to comply may incur a maximum penalty of:
•  $50,000 for an individual
•  $250,000 for a body corporate.
It is an offence to fail to display the notice in a prominent place at or near the workplace, or part of the workplace, at which work is
being carried out; or to remove, destroy, damage or deface a notice displayed while it is in force. Penalty for non-compliance is:
•  $5,000 for an individual
•  $25,000 for a body corporate.
INTERNAL REVIEW OF DECISION
The inspector’s decision to issue an improvement is reviewable under the WHS Act, Part 12. To request a review, you must be an
‘eligible person’, which is:
•  the person to whom the notice was issued
•  a person conducting a business or undertaking whose interests are affected by the decision
•  a worker whose interests are affected by the decision
•  a health and safety representative who represents a worker whose interests are affected by the decision.
How to apply for a review of a decision on the notice
An Application for Internal Review form must be lodged with Comcare by the eligible person, before the compliance date on the notice
or within 14 calendar days of becoming aware of the notice. The form is available from Comcare’s website.
Stays on the operation of the notice
Once an application for a review of the improvement notice is made, the original decision is suspended (a stay is granted). This stay
continues to have effect until either of the following occur:
•  the decision is made by the internal reviewer and the period to apply for an external review has expired
•  an application for an external review is made.
Review process
Comcare  will  review  your  application  within  calendar  14  days  unless  additional  information  is  required.  You  will  receive  written
confirmation of the outcome of the internal review including the reasons for the decision.
EXTERNAL REVIEW
If you do not agree with the internal review decision made by the reviewing officer and you are an eligible person, you may apply to
Fair Work Australia for an external review. Your application must be made within 14 days of first becoming aware of Comcare’s internal
review officer’s decision. See our website for information on how to apply for reviews of decisions.
PRIVACY STATEMENT
Comcare will only collect, use or disclose personal information in accordance with the Commonwealth Privacy Act 1988 and if it is
reasonably necessary for, or directly related to, one or more of our functions, powers and/or activities. Comcare is the Commonwealth
agency authorised by the WHS Act to collect personal information relevant to the exercise of functions and powers under the WHS
Act, the WHS Regulations, and the administration and evaluation of Comcare’s WHS programmes. Any personal information collected
in these forms will be used for those purposes. In exercising its functions and powers, Comcare may disclose personal information,
subject to confidentiality of information provisions under the WHS Act, to the following bodies and agencies, including but not limited
to:
• Comcare’s internal and external
• personnel engaged by Comcare to
• any other person assisting Comcare in the
legal advisers
conduct research related activities
performance of its functions or exercise of its
• the Safety, Rehabilitation and
• enforcement agencies or bodies
powers, including contractors and consultants
Compensation Commission
• state and territory Coroners
• any other person where there is an obligation
• a court or tribunal
• Commonwealth, state or territory
under law to do so (for example but not
• state or territory work health and
industry regulators
limited to, responding to the direction of a
safety regulatory agencies
court to produce documentation).
If Comcare does not collect personal information from you, for the purposes of its legislated functions or related functions, we may
not be able to respond appropriately. For further information on how Comcare handles personal information, please read our Privacy
Policy  on  our  website.  To  request  a  change  to  your  personal  information  or  to  make  a  complaint,  please  phone  or  email
xxxxxxx@xxxxxxx.xxx.xx.
www.comcare.gov.au |   1300 366 979
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APPLICATION FOR INTERNAL REVIEW
Complete this form to apply for an internal review of decision under the Work Health and Safety Act 2011 (WHS Act) or Work
Health Safety Regulations 2011.
Please read the Internal Review of Decisions: Guidance for applicants information sheet prior to completing this form.
It is your responsibility to ensure you have completed the required fields and supplied all required documents. Incomplete
applications may be returned to you and may result in delays in the review process. The review timeframes only apply from
the date when all required information is received.
SECTION A—TYPE OF APPLICANT
Are you making this application:
as an individual applicant?
on behalf of a company, government department or other body corporate?
Provide your details below—if you are the applicant’s legal representative you will also need to provide your details.
SECTION B—DETAILS OF APPLICANT
Name of applicant
Lisa Pulko
Name of contact person (if not the same as applicant)
Postal address
GPO Box 1465, Canberra ACT 2601？
Telephone/Facsimile
02 6152 5141
Email
xxx@xxxxxxxxxxxxxx.xxx.xx
Can we send the decision by email?
Yes      No
SECTION C—DETAILS OF DECISION TO BE REVIEWED
(Tick boxes as applicable)
1.  Under which Legislation are you applying for review?

WHS Act 2011

WHS Regulations 2011
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2. Which decision would you like reviewed? (If the decision is not on this list it cannot be reviewed by Comcare)
(a) An inspector’s decision under the WHS Act in relation to the:
Failure of negotiations—section 54(2)
Training of health and safety representatives—section 72(6)
Health and safety committees—section 76(6)
Review of a provisional improvement notice—section 102
Issue of an improvement notice—section 191
Extension of time for an improvement notice—section 194
Issue of a prohibition notice—section 195
Issue of a non-disturbance notice—section 198
Issue of a subsequent notice—section 201
(b)
A decision of Comcare in relation to a licence, an accreditation, a registration, an induction, an authorisation,
a determination or exemption to any of the WHS regulations (refer to Internal Review Guidance for Applicants to
see full list)
3. (a) Date the decision was made or the notice was issued Issued Friday 28 April 2023
(b) Name of Inspector issuing notice or decision
Ljijana Strager
(c) Notice number (if applicable)
MC00028634 -NT03-C1
4. Which of the following applies to you as being eligible to seek review?
A worker whose interests are affected by the decision, or their representative
A person conducting a business or undertaking whose interests are affected by the decision
The person with management or control of the workplace
A health and safety representative who represents a worker whose interests are affected by the decision
A person who received a notice
A health and safety representative who issued a provisional improvement notice or directed work to cease
A person prescribed by the Regulation 676 as eligible
If the above categories of eligible persons do not apply to you, please provide the grounds/reasons for which you claim
to be an eligible person
5. If this application is lodged outside the prescribed time limit (see section 224 or regulation 678 for the timeframes) you
must provide a reasonable explanation for the delay before it will be accepted. Please give your explanation:
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6.  Decision you want reviewed

Attached is a copy of the decision to be reviewed, OR

Provide a description of the decision to be reviewed:
7.  Why you think the decision should be reviewed (you may attach other information to support your request)
See document attached.
8.  Are you seeking a stay of the decision?     Yes     No

If yes, why should the operation of the decision be stayed during the determination of the review? (Note: this is not
applicable to decisions made under the Regulations)
The Commission disagrees with the views of the Inspector, that the Commission is contravening the Work Health and
Safety Act 2011 (Cth).
The Commission has however recognised that our workplace health and safety approaches could be improved and
has already started taking steps on this path. A stay of the decision during the review will not prevent the Commission
furthering this work and as such will not increase the level of risk.
SECTION D—DECLARATION
I declare that, to the best of my knowledge, the information provided in this application and supporting documentation is true
and correct in every particular.
Name
Lisa Pulko
Date   1 May 2023
Signature—applicant, or applicant’s legal representative
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SECTION E—LODGING YOUR APPLICATION
This form must be lodged with Comcare by email, fax or post together with any supporting documentation. You can do
this via:
a)  email to—xxxxxxxxx.xxxxxxxxx@xxxxxxx.xxx.xx (providing you have scanned this form and any attachments)
b)  post to—Comcare, Attention: Statutory Oversight Team, GPO Box 1993, Canberra ACT 2601
If you have any questions about completing this form, please telephone Comcare on 1300 366 979 or visit
www.comcare.gov.au.
Note to applicant
Comcare will use the information provided by you in conjunction with your application for the purpose of assessing and
administering an internal review. The information may also be used for other purposes permitted by the Work Health and
Safety Act 2012.
If you do not provide all of the information required, your application may be returned to you for completion.
Please be advised that the review timeframes only apply from the date when all required information is received.
Privacy information
Your privacy is important to us. We will only collect, use or disclose your personal information in accordance with the Privacy
Act 1988. If Comcare does not collect personal information from you for the purposes of its legislated functions or related
functions, we may not be able to respond appropriately.
Comcare is the Commonwealth agency authorised by the Work, Health and Safety Act 2011 (WHS Act) to collect personal
information relevant to the exercise of functions and powers under the WHS Act, Work Health and Safety Regulations 2011 and
other legislation, and the administration and evaluation of Comcare’s WHS programs. Any personal information collected in
these forms will be used for those purposes.
In exercising those functions, we may disclose personal information, subject to confidentiality of information provisions under
the WHS Act, to the following bodies and agencies, including but not limited to:
>  Comcare’s legal advisers
>  enforcement agencies (including police investigating
>  the Safety, Rehabilitation and Compensation
or conducting an interview in connection with the
Commission
application)
>  contractors and agents
>  state and territory Coroners
>  a court or tribunal
>  commonwealth, state or territory industry regulators
>  state or territory work health and safety regulatory
>  any other person where there is an obligation under law
agencies
to do so
We want to ensure personal information collected, used, stored or disclosed is accurate, up-to-date and complete. Comcare’s
Privacy Policy contains information on how you can request access to personal information held about you and how to seek
correction of that information.
You may make a complaint to us if you consider that Comcare has interfered with your privacy or otherwise breached its
obligations under the Privacy Act 1988. Our Privacy Policy contains more information about how to make a complaint and
how we will respond.
Comcare is not likely to disclose personal information to a person who is not in Australia or an external Territory, unless
the information relates to an incident, investigation, injury or illness sustained while overseas, or treatment provided by
an overseas practitioner. If disclosure of personal information is made to an overseas recipient, Comcare will comply with
obligations regarding disclosure to overseas entities (Australian Privacy Principle 8).
For further information about our information handling practices, for a copy of our Privacy Policy, to request an amendment
of your personal information or to make a privacy complaint, please refer to www.comcare.gov.au/privacy, contact us on
1300 366 979 or email xxxxxxx@xxxxxxx.xxx.xx
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END OF APPLICATION
OFFICE USE ONLY
Internal reference number
Comments
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GPO BOX 9905 CANBERRA 2601 | 1300 366 979 | COMCARE.GOV.AU 5

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The NDIS Quality and Safeguards Commission (the Commission) seeks internal review of the
decision by Inspector Ljiljana Straga to issue an Improvement Notice to the Commission,
notice number MC00028634-NT03-C1.

The reasons that the decision should be reviewed are as fol ows:
  1)  Paragraph 8 refers to the ‘evident psychosocial risks currently being experienced by
relevant workers’. While the notice accurately describes APS census results, there is
no substantiation of, nor has the Commission been made aware of any specific
incident. The notice does not provide information regarding actual specific incidents
reported to Comcare, the Commission does not receive ongoing or regular
complaints regarding workload through its incident reporting system, and standard
indicators such as unscheduled leave do not indicate an issue that would amount to
a psychosocial hazard.

2)  The Commission provided evidence of the risk framework in place as requested by
the Inspector, including those documents mentioned in paragraph 4f(i) and (i ). The
fact that these documents have not been updated for some time does not
automatically result in them being not fit for purpose, nor does the lack for a specified
review cycle. The absence of the words ‘psychosocial hazards’, makes the
framework, policy and guidelines no less relevant or applicable to those risks.

3)  Paragraph 8 notes that the actions mentioned in paragraph 4e have not been taken
and no timeframe has been provided for those actions to take place. In fact, the
actions described at:
  a.   4e(i) were implemented on 20 February 2023, and are being actively
monitored through the newly developed complaints dashboard, fortnightly
leadership group meetings and on an individual level by team leaders
conducting weekly file reviews with staff.
b.   those in 4e(i ) were undertaken in March 2023
c.  working groups and management are currently undertaking the actions at
4e(iii) and 4e(iv), which are necessary to ensure our ability to manage
workloads more effectively in the future.
Had the Inspector approached the Commission for this information, or
clarification, it could have been provided immediately.

4)  Paragraph 4e(i) also states that the Inspector had no information regarding how
manageable workloads were determined. Information had in fact been provided to
the Inspector that ‘Managable levels were set based on engagement with staff across
the function.’ This information may have been overlooked by the Inspector.

5)  Paragraph 9 notes that the Commission is required to do what is reasonably
practicable to ensure health and safety but fails to consider any of the information
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the Commission, or the limited resourcing available to the Commission based on the
budget.

The Commission’s workload is consistently higher than the workload envisaged when
budgets were set, and is to a very great extent driven by provider and participant
numbers, which the Commission has no ability to influence. The Commission
operated at a loss in 2020-21 and 2021-22 and expects to make a loss in the current
year exhausting all unspent prior year appropriations. The Commission has, as far as
is possible, maximised the budget available for workforce in 2022-23, and has sought
to undertake targeted investment in projects that wil provide the ability to streamline
work. The Commission is unable to increase its workforce without further investment
by Government, which was explained to the Inspector verbally, and information
regarding the budget position was also provided in writing. The notice provides no
evidence that this information was taken into account when the Inspector considered
what was ‘reasonably practicable’, despite this being a necessary component of
deliberations.

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IMPROVEMENT NOTICE
This notice is issued under the Commonwealth Work Health and Safety Act 2011 (WHS Act), s 191. This notice requires
the person to whom it is issued to remedy a contravention of the WHS Act or the Commonwealth Work Health and Safety
Regulations 2011 (WHS Regulations).
The WHS Act, s  210  requires  that  the person to whom  an improvement notice is  issued must,  as soon as possible,
display a copy of the notice in a prominent place, at or near the workplace or part of the workplace, at which work is
being carried out that is affected by the notice.

NOTICE ISSUED TO:
Notice Number:   MC00028634 -NT03
Legal name of person:
NDIS Quality and Safeguards Commission
ABN:
40293545182
ACN:

Trading as:
NDIS Quality and Safeguards Commission (NQSC)
Address line 1:
C/o Department of Social Services
Address line 2:
GPO BOX 9820, Canberra, ACT, 2601
DETAILS:
Site
All NQSC workplaces
location:
I, Ljiljana Straga, being an Inspector appointed under the WHS Act s 156 reasonably believe that on 21/04/2023, at
04.00 PM you:
☒ are contravening a provision, or ☐ have contravened a provision in circumstances that make it likely that the
contravention will continue or be repeated, of the:
☒ Work Health and Safety Act 2011 (Cth), s   19(1), s19(3)(a) & s19(3)(c) ☐ Work Health and Safety Regulations 2011
(Cth), r number
BRIEF DESCRIPTION OF HOW THE PROVISION IS BEING OR HAS BEEN CONTRAVENED:
1.  In November 2022 Comcare received information about concerns regarding NQSC management of the risks to
workers health arising from the psychosocial hazard of Job Demands in NQSC workplaces.
2.  The concerns were that the NQSC risk management system in relation to psychosocial hazard of work demands,
specifically extremely high workloads (Work Demands Hazard) is ineffective or failing, and that NQSC had been
aware for the past three years of negative health impacts of prolonged and extreme exposure to work related
stress from Work demands.
3.  On 3 November 2022 Comcare commenced MC00028634 Inspection (the Inspection) in response to the WHS
Concern. I requested and was provided with information and documents from NQSC (NQSC documentation) in
relation to their system for managing risks to workers’ health and safety arising from the Work Demands Hazard.
4.  I reviewed the NQSC documentation and formed a reasonable belief that the NQSC lack a psychosocial hazard risk
management system compliant with the Work Health and Safety Act 2011 (Cth) (WHS Act). My belief is based on
the following observations:
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DIRECTIONS (if any) AS TO THE MEASURES TO BE TAKEN TO REMEDY OR PREVENT THE
CONTRAVENTION OR LIKELY CONTRAVENTION: (Compliance is mandatory)
(Select one:)
☒ Remedy the contravention by:
☐ Prevent a likely contravention from occurring by:
☐ Remedy the things or operations causing the contravention or likely contravention by:

1.  Conduct, in consultation with workers, a review of the NQSC’s workload levels, Risk Management Framework and
Risk Management Policy to ensure that they:
a.  Identify psychosocial hazards and risks at the workplace, including the Work Demands Hazard; and
b.  Identify reasonably practicable control measures that eliminate or minimise, so far as is reasonably
practicable, the identified psychosocial hazards and risks, including the Work Demands Hazard.
2.  Implement the revised NQSC Risk Management Framework and Risk Management Policy so that the identified
reasonably practicable control measures are implemented at the workplace.
3.  Provide workers with the necessary information, training, instruction and supervision in relation to the revised
Risk Management Framework and Risk Management Policy.

RECOMMENDATIONS (if any): (Compliance is not mandatory)
In remedying the contravention you may consider the following:
1.  Approved Work Health and Safety (How to Manage Work Health and Safety Risks) Code of Practice 2015.
2.  Approved Code of Practice Work Health and Safety Consultation, Co-operation and Co-ordination, 2015.
3.  Safe Work Australia guide ‘How to determine what is reasonably practicable to meet a health and safety  duty’,
May 2013.
4.  SafeWork Australia ‘Managing psychosocial hazards at work Code of Practice’
5.  Work Demands -Practical guidance for Employers by Comcare at Work demands - Practical guidance for
employers (comcare.gov.au)

NOTICE ISSUED BY:
Inspector: Ljiljana Straga
Inspector ID: 084
Email: xxxxxx.xxxxxxxx@xxxxxxx.xxx.xx
Phone: (08) 81240509
Signature
Postal Address: GPO Box 1993, Canberra, ACT 2601
DATE OF ISSUE 21/04/2023
This section is completed if the notice is to be delivered in person by a Comcare Inspector.
Name of person notice was personally delivered to:
Relationship to the person issued the notice:
THIS CONTRAVENTION MUST BE REMEDIED NO LATER THAN 24/08/23

Improvement Notice Template V3.0 October 2018

FOI documents - 2023/1250

IMPROVEMENT NOTICE
This notice is issued under the Commonwealth Work Health and Safety Act 2011 (WHS Act), s 191. This notice requires
the person to whom it is issued to remedy a contravention of the WHS Act or the Commonwealth Work Health and Safety
Regulations 2011 (WHS Regulations).
The WHS Act, s  210  requires  that  the person to whom  an improvement notice is  issued must,  as soon as possible,
display a copy of the notice in a prominent place, at or near the workplace or part of the workplace, at which work is
being carried out that is affected by the notice.

NOTICE ISSUED TO:
Notice Number:   MC00028634 -NT03-C1
Legal name of person:
NDIS Quality and Safeguards Commission
ABN:
40293545182
ACN:

Trading as:
NDIS Quality and Safeguards Commission (NQSC)
Address line 1:
P O Box 210
Address line 2:
Penrith NSW 2750
DETAILS:
Site
All NQSC workplaces
location:
I, Ljiljana Straga, being an Inspector appointed under the WHS Act s 156 reasonably believe that on 21/04/2023, at
04.00 PM you:
☒ are contravening a provision, or ☐ have contravened a provision in circumstances that make it likely that the
contravention will continue or be repeated, of the:
☒ Work Health and Safety Act 2011 (Cth), s   19(1), s19(3)(a) & s19(3)(c) ☐ Work Health and Safety Regulations 2011
(Cth), r number
BRIEF DESCRIPTION OF HOW THE PROVISION IS BEING OR HAS BEEN CONTRAVENED:
1.  In November 2022 Comcare received information about concerns regarding NQSC management of the risks to
workers health arising from the psychosocial hazard of Job Demands in NQSC workplaces.
2.  The concerns were that the NQSC risk management system in relation to psychosocial hazard of work demands,
specifically extremely high workloads (Work Demands Hazard) is ineffective or failing, and that NQSC had been
aware for the past three years of negative health impacts of prolonged and extreme exposure to work related
stress from Work demands.
3.  On 3 November 2022 Comcare commenced MC00028634 Inspection (the Inspection) in response to the WHS
Concern. I requested and was provided with information and documents from NQSC (NQSC documentation) in
relation to their system for managing risks to workers’ health and safety arising from the Work Demands Hazard.
4.  I reviewed the NQSC documentation and formed a reasonable belief that the NQSC lack a psychosocial hazard risk
management system compliant with the Work Health and Safety Act 2011 (Cth) (WHS Act). My belief is based on
the following observations:
Improvement Notice Template V3.0 October 2018

FOI documents - 2023/1250
DIRECTIONS (if any) AS TO THE MEASURES TO BE TAKEN TO REMEDY OR PREVENT THE
CONTRAVENTION OR LIKELY CONTRAVENTION: (Compliance is mandatory)
(Select one:)
☒ Remedy the contravention by:
☐ Prevent a likely contravention from occurring by:
☐ Remedy the things or operations causing the contravention or likely contravention by:

1.  Conduct, in consultation with workers, a review of the NQSC’s workload levels, Risk Management Framework and
Risk Management Policy to ensure that they:
a.  Identify psychosocial hazards and risks at the workplace, including the Work Demands Hazard; and
b.  Identify reasonably practicable control measures that eliminate or minimise, so far as is reasonably
practicable, the identified psychosocial hazards and risks, including the Work Demands Hazard.
2.  Implement the revised NQSC Risk Management Framework and Risk Management Policy so that the identified
reasonably practicable control measures are implemented at the workplace.
3.  Provide workers with the necessary information, training, instruction and supervision in relation to the revised
Risk Management Framework and Risk Management Policy.

RECOMMENDATIONS (if any): (Compliance is not mandatory)
In remedying the contravention you may consider the following:
1.  Approved Work Health and Safety (How to Manage Work Health and Safety Risks) Code of Practice 2015.
2.  Approved Code of Practice Work Health and Safety Consultation, Co-operation and Co-ordination, 2015.
3.  Safe Work Australia guide ‘How to determine what is reasonably practicable to meet a health and safety  duty’,
May 2013.
4.  SafeWork Australia ‘Managing psychosocial hazards at work Code of Practice’
5.  Work Demands -Practical guidance for Employers by Comcare at Work demands - Practical guidance for
employers (comcare.gov.au)

NOTICE ISSUED BY:
Inspector: Ljiljana Straga
Inspector ID: 084
Email: xxxxxx.xxxxxxxx@xxxxxxx.xxx.xx
Phone: (08) 81240509
Signature
Postal Address: GPO Box 1993, Canberra, ACT 2601
DATE OF ISSUE 21/04/2023
This section is completed if the notice is to be delivered in person by a Comcare Inspector.
Name of person notice was personally delivered to:
Relationship to the person issued the notice:
THIS CONTRAVENTION MUST BE REMEDIED NO LATER THAN 24/08/23

Improvement Notice Template V3.0 October 2018

Document Outline