NDIS Consumer Watch

This document should not be read in isolation please refer to the Victorian PEMC submission: MATTHEW POTOCNIK Submission No 99 Potocnik Report Part (b) (NDIS Consumer Watch) Potocnik Report Part (a):and Matthew Potocnik’s hearing dated 11/08/2023. https://new.parliament.vic.gov.au/4a2649/contentassets/f4f4ff66ec384e9ebaf818a1410c644b/submission-documents/100.-matthew-potocnik.pdf Please also refer to the Transcript of Mr Matthew Potocnik hearing dated the 11/08/2023 from the Victorian Parliament’s website.

Currently the National Disability Insurance Scheme (NDIS) has approximately 500,000 participants in receipt of disability supports.

There is no doubt the NDIS has transformed lives but still greater “INCLUSION” is required to satisfy governments own legislations, societal expectations, the human rights of citizens and their civic obligations and the identity of people living with disability.

I am talking about participation of citizens with disability in electoral process to ensure they vote. For Victorian citizens living with disability who transitioned from institutions in the mid 1980’s into the community changed lives. They were fully supported by government employees and funded by government in 2006. The Victorian State Disability Act. was written and implemented in 2007 as was the Victorian Human Rights Charter.

These citizens from 2006 were fully supported and are eligible Australian Citizens, given that they satisfy being eighteen years of age or older, are Australian and have the ability to make an informed decision; yet they have been excluded from their rights as citizens.

In 2023 both the Australian Federal election took place as did the Victorian State election and while there are 500,000 people with disability supported by the Federal government these citizens continue to be excluded.

Citizens who cannot “self-advocate”, like our son , who have intellectual disability and/or a mental health condition cannot ask for electoral supports to enable them to vote. - In this document I am referring to them as “These Citizens”.

EXCLUSION

It is important to realize that “These Citizens” have not been excluded because of their individual disability. “SYSTEMIC EXCLUSION” the product of a lack of “ACCOUNTABILITY” by government, regulation and Service Provision to identify and provide supports, has directly marginalised and excluded “These Citizens”.

GOVERNMENT’S ADVERSE ACTION

For the last seventeen years government has been funding these citizens but not providing the “EQUITY” to enable “These Citizens” to participate in mandatory electoral process and vote. Government has failed its “fiduciary Obligation” and has continued to fail for the last seventeen years.

This is the Australian government’s “Adverse Action,” but these dynamics not only perpetrated a failure of fiduciary obligation; it is discrimination and a breach of

Human Rights, a failure of “Duty of Care” and a failure to support mandatory

“Commonwealth Electoral Law”

This deficit defaces Australian electoral process but also Australian Citizenship and Australian Democracy.

ENROLMENT

The exclusion of “These Citizens” is unlawful and unacceptable. Because “These Citizens” cannot ask for supports the NDIA will need to enquire during the participant “Plan Review” whether or not support to enrol is needed and if the NDIS Participant needs to have enrolment done for them.

SUPPORTS/RESOURCES

The NDIA will also need to identify the basic supports that the NDIS Participant will need in order to have the necessary “EQUITY” to vote and participate in electoral processes and vote.

ACCOUNTABILITY

Because “These Citizens” cannot carry their “Burden of Proof” to ensure they vote, the Service Provider delivering the required supports will need to be booked to both provide the support and registered to provide the accountability of delivery of supports.

(1) Recommendation:

Where an NDIS Participant needs supports because they cannot carry their “Burden of Proof” the Service Provider who is registered and booked will be responsible.

MONITORING OF SUPPORTS/ENGAGEMENT/DELIVERY

If an NDIS Participant requires support it is necessary to determine whether they are being actively supported or they are more independent or less independent.

If an NDIS Participant is less independent then the engagement and support process becomes more involved and requires greater articulation. In this situation processes need to be managed in conjunction with the NDIS Participant’s Speech Therapist or (in the case of those with mental health conditions) their psychologist.

If an NDIS participant is not enrolled; the reason for not being enrolled needs to be established in order to maintain accountability of “Human Rights” “Duty of Care” in relation to requirements of mandatory Commonwealth Electoral Law and the Citizens’ Civic obligations.

(2) Recommendation:

ACCOUNTABILITY and MONITORING needs to be maintained by the NDIS Quality Safeguards Commission or another government Department to ensure legislative compliances.

(3) Recommendation: MONITORING of Service Providers to deliver supports as indicated in “1 & 4 Recommendation” needs to be maintained by the NDS Quality Safeguards Commission or another government Department to ensure legislative compliances.

(4) Recommendation: The National Disability Insurance Agency (NDIA): (a) To revaluate the review process for NDIS Participant, “Plan Reviews”. To include: (b) The NDIS Participant DOES need SUPPORTS with a Service Provider in order to enrol (Active Support). (c) The NDIS Participant DOES need SUPPORTS in order to enrol. Enrolment done solely by Service Provider (No Active Support). (d)The NDIS Participant DOES NOT need SUPPORTS in order to enrol. (e) The NDIS Participant DOES need SUPPORTS in order to vote (Active Support). (f) The NDIS Participant DOES NOT need SUPPORTS in order to vote. (g) Which Service Provider has been nominated/registered to provide the necessary supports? (h) The Name of the Service Provider ACCOUNTABLE? (i) What dates are booked for the Service Provider, who is accountable; TO CONFIRM and/or deliver the necessary supports?

APPLICATION OF SUPPORTS AND BOOKING OF DELIVERY A date of delivery of supports should also be indicated.

Complete Nursing Pty Ltd to confirm engagement on the 14/11/2022 and book subsequent times to meet with Speech Therapist.

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The Third Entity Of Eligibility Of Citizenship Is Capacity.

However, for those who may not have capacity; to make an informed decision, this can only be determined retrospectively. There is not a capacity test and capacity cannot be evaluated by others and because voting is deemed a human right, inclusion must always precede exclusion and NDS Participants cannot be discriminated against because of their disability.

The Most Inclusive Management Of Enrolment Must Be To Include All NDS Participant Australians Who Are 18 Years Of Age Or Older.

(5) Recommendation: MANDATORY ENGAGEMENT, Engagement is the benchmark of the enrolment and voting process. Every NDs Participant who is 18 years of age or older and an Australian must vote and must be included in the enrolment process. This means every NDS Participant must be engaged and enrolled to vote. It also means that no NDS Participant should be excluded from the enrolment and voting process without MANDATORY ENGAGEMENT having taken place first.

The third entity of eligibility of citizenship is capacity. However, for those who may not have capacity; to make an informed decision, this can only be determined retrospectively. There is not a capacity test and capacity cannot be evaluated by others and because voting is deemed a human right, inclusion must always precede exclusion and NDIS Participants cannot be discriminated against because of their disability.

The most inclusive management of enrolment must be to include all NDIS Participant Australians who are 18 years of age or older through engagement and NDIS Participant Australians who are 18 years of age can only be removed from the electoral roll retrospectively.