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 1. (a) - (f) and 2.
NDIS Support for Participant Rules 2013
PG_AssistingComm.docx (ndia.gov.au)
Commonwealth Disability Discrimination Act 1992
Equal Rights Commission

s47E(d) - certain operations of agencies

Version 1.0 24/08/2023 Page 1 of 8

                            Page 14 of 442

s47E(d) - certain operations of agencies

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.

Version 1.0 Page 2 of 8 Page 15 of 442

| Criteria for reasonable and necessary Is criteria Considerations (including evidence | supports met? used)

34.1(a) Enabling the participant’s goals ___» | Consider: and objectives O Yes e Is the request for Auslan (supports will assist the participant to pursue | [No — > participant who is proficient the goals and objectives in their plan) in Auslan) OR is the request for hours to learn Auslan? s47E(d) - certain operations of agencies CONSIDER: SE) Asstat Oe pattpant s Sect aM | E)’Yes s47E(d) - certain operations of agencies economic participation ; 0 No Version 1.0 Page 3 of 8 Page 16 of 442

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 →

Criteria for reasonable and necessary supports

Is criteria met?	Considerations (including evidence used)
Consider NDIS Support for Participant Rules 2013 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 NDIS Support for Participant Rules 2013 Part 3.4 | s47E(d) - certain operations of agencies |

Criteria for reasonable and necessary supports

Criteria for reasonable and necessary supports	Is criteria met?	Considerations (including evidence used)
34.1(f) Support is most appropriately funded by the NDIS
(supports are not more appropriately funded or provided through other general service systems or universal service obligations)
Consider NDIS Support for Participant Rules 2013 Schedule 1.	☐ Yes →	CONSIDER:

The situation/environment where the interpreting is to be 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.

| ☐ No → | s47E(d) - certain operations of agencies |

Criteria for reasonable and necessary supports

Criteria for reasonable and necessary supports	Is criteria met?	Considerations (including evidence used)

Support is directly related to the participant’s disability
(supports will not be funded under the NDIS if they do not relate to the participant’s disability or are day-to-day expenses or income replacement)
Consider NDIS Support for Participant Rules 2013 Part 5.1 and 5.2	☐ Yes → s47E(d) - certain operations of agencies
☐ No → s47E(d) - certain operations of agencies

Support does not duplicate other supports 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 | ☐ Yes → Most likely NO ☐ No → Most likely NO | | Are all of the above criteria met for all supports? | ☐ Yes → ☐ No → |