NDIS provider ‘put himself first’ defrauding 19 people with disabilities

South Australian man Paul Tilbury defrauded the NDIA and made false claims against 19 NDIS clients on 42 occasions over a two year period between April 2017 and April 2019. The false claims totalled $404,010,58. Following a National Disability Insurance Agency (NDIA) investigation and prosecution by the Office of the Director of Public Prosecutions (Cth) (CDPP) Mr Tilbury was charged with 19 counts of obtaining a financial advantage by deception, contrary to s134.2(1) of the Criminal Code Act (Cth). Mr Tilbury pleaded guilty and on 18 March 2025, was sentenced in the Adelaide District Court to three years’ imprisonment with release on recognizance after one year and nine months.

Offending

Mr Tilbury was the CEO of the NDIS provider ‘People Come First’ (PCF) and he used his position of trust as a registered NDIS provider and plan manager to exploit the NDIS and its clients through a combination of overclaiming for service provided, duplicating claims and making claims for support services not provided at all.

Mr Tilbury made false claims against 19 NDIS participants’ plans. The participants had a range of severe disabilities including down syndrome, autism spectrum disorder, visual and hearing impairments, acquired brain injuries, multiple sclerosis and cerebral palsy. Some of the affected NDIS participants were children.

The NDIA cancelled some payments following complaints and investigated Mr Tilbury’s claims. The matter was referred to the CDPP in November 2022. In 2024 and in the face of a compelling CDPP case, Mr Tilbury indicated his intention to enter guilty pleas to all 19 charges.

Sentencing

Mr Tilbury had exclusive control of PCF’s bank accounts and transferred $410,841.78 to his personal account with descriptors ‘CEO loan’ and ‘CEO expense’. He also withdrew cash from PCF’s bank account. Mr Tilbury used the transferred funds on a range of goods and services for personal use, including rent, travel, fine dining, clothing and tobacco.

The Court found Mr Tilbury was primarily motivated by living a lifestyle beyond his means and by wanting to appear successful. This extended to his misuse of the title Dr Tilbury which the Court noted he was not qualified to use.

The Court heard from victims the fraud has impacted their trust in all NDIS providers and, because of the betrayal, they are now stressed about who they can rely on to provide the care they require. On sentencing, Judge Muscat said “[y]ou shamefully put yourself ahead of your clients.”

The Court recognised there were separate incursions into fraud against each NDIS participant but they were in effect one ongoing fraud against the NDIS. Judge Muscat imposed a single sentence on all 19 offences but discounted each sentence that would have been imposed by about 15%, for Mr Tilbury’s guilty plea.

The Court sentenced Mr Tilbury to a single sentence of three years’ imprisonment. He declined to make a home detention order saying it “would not be a sentence of appropriate severity for the totality of your offending”. Instead, he ordered Mr Tilbury to serve one year and nine months in custody before being released on a supervised recognizance in the sum of $1000. The Court accepted the CDPP’s submission and made a reparation order in the outstanding amount of $214,086.80.

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