Advice Support Tool

Theme: Hearing Sub-Theme(s): Auslan

note: For both interpreting and learning Auslan. References: [Include any relevant referenced documents] NDIS Act 2013, section 34, subsections 1.(a)-(f), and 2. PG AssistingComm.docx (https://www.ndia.gov.au) Commonwealth Disability Discrimination Act 1992 Equal Rights Commission s47E(d) - Certain Operations Of Agencies

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s47E(d) - certain operations of agencies

    d. The NDIS is not the only body responsible for providing Auslan interpreting when a
      Deaf person wants to interact and engage in activities that are available to all
     members of the public. Under the Commonwealth Disability Discrimination Act
      1992, all owners/providers of activities, events and services must ensure that all
      people with a disability have equal access as all members of the public. The Equal
       Rights Commission states that there is a legal responsibility for all persons with a
         disability to have equal rights, equal opportunity and equal access, as those without
     a disability.

s47E(d) - certain operations of agencies

12. Auslan Lessons (Auslan In the Home) funding: - a. The NDIS funds Auslan lessons (Auslan in the home) typically for parents of participants who are children with significant hearing loss. s47E(d) - certain operations of agencies

Note: All criteria need to be met for the supports to be funded through the NDIS.

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MR25/00038 | FOI 24/25-0317

Criteria for Reasonable and Necessary Supports

Criteria
34.1(a) Enabling the participant’s goals and objectives \
(Supports will assist the participant to pursue the goals and objectives in their plan)
☐ Yes → Consider:

• Is the request for Auslan interpreting hours (for a participant who is proficient in Auslan) OR is the request for hours to learn Auslan? s47E(d) - certain operations of agencies
  ☐ No →

34.1(b) Assist the participant’s social and economic participation | ☐ Yes → CONSIDER: \s47E(d) - certain operations of agencies
☐ No →

MR25/00038 | FO! 24/25-0317

Criteria for reasonable and necessary supports

Is criteria met?

Considerations (including evidence used)

(supports will assist the participant to undertake activities to facilitate their social and economic participation)

34.1(c) Value for money

(supports represents value for money, ie the costs of support are reasonable, both in terms of the benefits achieved and the cost of alternative support)

Consider NDI: Part 3.1 (a) — (f);

47E(d) - certain operations of agencies

O Yes

O No

47E(d) - certain operations of agencies

47E(d) - certain operations of agencies

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MR2/00038 | FOI 24/25-0317

Criteria for Reasonable and Necessary Supports

s47E(d) - certain operations of agencies

are there comparable support options which would achieve the same outcome at a substantially lower cost? What alternative supports were considered?

is there evidence that the support will substantially improve the life stage outcomes and be of long-term benefit to the participant?

is there evidence that funding support is likely to increase independence and reduce funded support costs in the long-term?

is there evidence the support will increase the participant’s independence and reduce the participant’s need for other kinds of supports?

s47E(d)-certain operations of agency

is there evidence the quoted support cost is comparable to expected cost of same kind of supports ? s47E{¢) ~certain operations of agencies

Is criteria met?	Considerations (including evidence used)
	s47E(d) - certain operations of agencies

34.1(d) Support is effective or beneficial for the participant

(supports will be, or are likely to be, effective for desired effect and beneficial for the participant, having regard to current good practice)

☐ Yes → CONSIDER: s47E(d) - certain operations of agencies ☐ No

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Criteria for reasonable and necessary supports

Is criteria met?

Considerations (including evidence used)

Consider NDIS § 3 Part 3.2 and 3.3

What are the expected benefits of the support provision?

How will effectiveness of achieved outcome be measured?

When will effectiveness of achieved outcome be achieved?

Are there other supports required to achieve or maximise the reported support outcomes for participant?

s47E(d) - certain operations of agencies

34.1(e) Support coordinates with but does not replace informal support

(funding or provision of supports takes account of what it is reasonable to expect families, carers, informal networks and the community to provide)

Consider NDI: Part 3.4

O Yes

O No

s47E(d) - certain operations of agencies

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or provided through other general service systems or universal service obligations

Consider NDIS Support for Participant Rules 2013 Schedule 1.

Support will not cause harm

(Supports will not be funded if it is likely to cause harm to the participant or pose a risk to others, or the support would be contrary to a law of a jurisdiction)

Consider NDIS Support for Participant Rules 2013 Part 5.1 and 5.3

O Yes

Ol No

Criteria for reasonable and necessary Is criteria Considerations (including evidence supports met? used) ; ; CONSIDER: 34.1( Support is most appropriately | Yes “| “The situation/environment y where the interpreting is to be (supports are not more appropriately funded |O No — > used.

Is it the responsibility of the NDIS to fund interpreting in these environments, or does responsibility fall to other sources, e.g., Job Access|Employment Assistance Fund for the workplace; the education department (Rules 7.13 and 7.14); or institution for school or university (Rules 7.15 and 7.16)

Consider the Disability Discrimination Act 1992 which places responsibility for reasonable adjustments for community activities on the organizers or events etc.

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Criteria for Reasonable and Necessary Supports

The following table outlines the assessment process.

Criteria
Is criteria met?
Considerations (including evidence used)
s47(d) - certain operations of agencies

eSupport is directly related to the participant’s disability Supports will not be funded under the NDIS if they do not relate to the participants disability or are day-to-day expenses or income replacement). Consider NDIS Support for Participant Rules 2013 Part 5.1 and 5.2

eSupport does not duplicate other supports Most likely NO This one is incorrect as we now know that duplication of supports has a different meaning.(supports do not duplicate other supports delivered under alternative funding through the NDIS such as Information, Linkages and Capacity Building (ILC) funding.) Consider NDIS Support for Participant Rules 2013 Part 5.1 are all of the above criteria met for all supports? No —_

Version Control

A summary of version control details:

Version#	Status	Date	Modified by	Brief Description of Modification
V1.0	Cleared	11/09/2023	PMN713	Production of initial V1.0
V1.0	Cleared	13/09/2023	JIF775	Transferred to Key Advisor Advice Resources repository

The document is uncontrolled in hard copy.