An NDIS Commissioner has resigned ahead of a critical report.

Tracey Mackey, the Commissioner for the National Disability Insurance Scheme (NDIS) Quality and Safeguards, has announced her resignation, effective May. 

The announcement comes days before the expected release of a report into a scandal involving the restraint of children with autism, brought to light in an episode of ABC's Four Corners to be broadcast on Monday.

The scandal, exposed last year, highlighted the use of unlawful restraints on children within an NDIS-funded program by Irabina Autism Services in Melbourne. 

Disturbingly, footage showed a non-verbal teenager being physically restrained by multiple workers. 

An internal report revealed such treatment occurred repeatedly over 17 months, raising serious concerns about the oversight and regulation of NDIS-funded providers.

Mackey's resignation follows intense scrutiny after it was revealed that the NDIS Commission did not take immediate action to fine or ban the executives of Irabina despite being aware of these practices. 

Mackey defended the Commission's response, stating that the service was shut down and the program ceased operation in 2021. 

However, subsequent reports suggested that the program continued to operate beyond this period.

Further controversy ensued when Jeffrey Chan, a deputy commissioner, was suspended after highlighting discrepancies in the Commission's response to the scandal. 

Chan's legal action against his suspension, which was later settled, pointed to a scapegoating within the Commission's ranks.

Bill Shorten, Minister for the National Disability Insurance Scheme, acknowledged Mackey's departure, expressing gratitude for her service.

An upcoming report by former family judge Jennifer Boland AM is anticipated to address the NDIS Commission's handling of the Irabina case and whether appropriate actions were taken following the exposure of the abuse.

This leadership change occurs amidst broader concerns over the NDIS Commission's work environment, with the Community and Public Sector Union (CPSU) criticising Mackey for failing to ensure a safe and respectful workplace. 

The union highlighted ongoing issues with unsafe workloads and mismanagement, underlining the need for a proactive and robust regulatory body to oversee NDIS disability support services.