29 July 2025

The Fair Work Ombudsman has today launched an Inquiry into compliance with workplace laws in the disability support services sector.

This sector is a priority area for the regulator. Between January 2020 and December 2024, within the disability support services sector, the FWO responded to more than 75,000 enquiries; received in excess of 2500 anonymous reports; and completed more than 3000 matters arising from requests for assistance, proactive activities and self-reported non-compliance. Back-payments for workers in 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’s main objective is to identify drivers of non-compliance so as to make a positive impact on business behaviour. Its first phase, which will take approximately 18 months, will involve the FWO engaging nationwide to speak with workers, managers, directors, digital platform providers, and clients who require disability support services about their workplace experiences within the sector, and assessing whether minimum entitlements relating to wages and conditions are being met.

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 FWO’s investigations in the sector have previously found widespread, sometimes large-scale non-compliance.

Workplace participants have told the FWO they face compliance challenges around many factors including a strong demand for their services; heavy reliance on migrant workers; high levels of casualisation involving a predominantly female workforce; quick turnover of staff; significant regulatory reform; and concerns about tight profit margins and financial viability.

Ms Booth said the sector’s reliance on migrant workers was of note as migrant workers are an enduring FWO priority, as they can be vulnerable to 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 FWO has engaged with unions, businesses and business organisations in designing the terms of this Inquiry into the sector. Key themes that have emerged include non-compliance with the law including among small-sized and unregistered providers; increasing labour costs; the impact of digital gig platform providers; and financial pressures, among many issues.

“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.

The need for an Inquiry into Fair Work Act compliance in the sector has been met with support from the FWO’s Disability Support Services Reference Group, which includes unions and business organisations. The Inquiry has also attracted strong support from other government agencies responsible for regulating this sector.

“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.”

Do you wish to share insights of your workplace for the Inquiry? Please check out our website for details on the various opportunities to share.

The disability support services sector builds independence skills and provides care, emotional support, physical assistance, and supervision for people with physical and/or intellectual disabilities in homes, community and residential settings. It covers crisis assistance and supported housing services; social, recreation, welfare, youth, and community development work; organisations who engage in policy, advocacy, or representation; and personal care and domestic and lifestyle support.

Resources for businesses and workers in the disability support sector are on our website.

Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance about their rights and obligations in the workplace. An interpreter service is available on 13 14 50.

The FWO also has an online anonymous report tool, including options to report in languages other than English, and information for migrant workers is available at our visa holders and migrants webpage.

Employees can also seek information from their employer or their union, if they are a member.