The Fair Work Ombudsman has launched a sweeping inquiry into compliance with workplace laws in the disability support services sector, citing “serious concerns” after years of complaints, enforcement activity and substantial worker underpayments.
The regulator said the first phase of the inquiry would run for about 18 months and involve nationwide engagement with workers, managers, directors, digital platform providers and clients, alongside checks on whether minimum pay and conditions are being met.
Between January 2020 and December 2024, the Ombudsman handled more than 75,000 enquiries from the sector, received in excess of 2,500 anonymous reports, and completed more than 3,000 matters arising from requests for assistance, proactive activities and self-reported non-compliance. Back-payments to workers over that period were close to $68 million.
“We have serious concerns about workplace compliance in the disability support services sector,” Fair Work Ombudsman Anna Booth said. “The time is right to look at how we can boost compliance with workplace laws and ultimately drive systemic change.”
Ms Booth said, “Every worker in the disability support services sector must be paid all they are owed under the law. Where businesses fail to do so, this puts compliant businesses on an uneven playing field and results in a poorer delivery of services to those who need support.”
The inquiry aims to identify the drivers of non-compliance and to influence business behaviour across a sector grappling with strong demand, high levels of casualisation in a predominantly female workforce, quick staff turnover, significant regulatory reform and tight profit margins. The Ombudsman said issues raised by unions and employer groups also include increasing labour costs, the impact of digital gig platforms and non-compliance among small and unregistered providers.
Ms Booth said, “Through our Inquiry, we will listen, observe and assess what and who the key influences are in contributing to workplace relations breaches in the sector.
“Once we have identified the root causes of non-compliance in the sector, we can work with key industry partners and government stakeholders in taking action to effectively secure an improved, sustainable culture of compliance with Fair Work laws.”
The regulator highlighted the sector’s reliance on migrant workers, an enduring enforcement priority due to higher risks of exploitation. “Vulnerable migrant workers are often reluctant to complain. We’d remind them they have the same rights as any other worker in Australia, plus specific protections for their visa if they speak up about exploitation,” she said.
The Fair Work Ombudsman said it had consulted unions, providers and business organisations in shaping the inquiry’s terms. The effort has the backing of the agency’s Disability Support Services Reference Group and other government bodies that regulate the sector.
“We’re aware that change won’t happen overnight. What we’re looking to achieve, ultimately, is for businesses to find it easier to comply with the relevant Fair Work laws, and to commit to self-reporting non-compliance in the sector; and for workers to have a strong understanding of their rights and obligations,” Ms Booth said.
“We’re here to collaborate and listen, and we can’t change behaviour across the sector alone,” Ms Booth said. “The better informed we are, the more able we are to achieve meaningful outcomes for businesses and workers in this critical sector. Our combined efforts will help make a difference.”
The disability support services sector provides care, physical assistance, supervision and skills for independence across home, community and residential settings, and includes crisis assistance and supported housing, social and community development work, policy and advocacy organisations, and personal care and domestic support.
The Ombudsman is inviting workers, providers and clients to share their experiences via its website. Resources for employers and workers, an anonymous reporting tool (including in languages other than English) and information for visa holders are also available online. Employees can also seek information from their employer or their union.
