Joint Standing Committee on the National Disability Insurance Scheme

Phone: +61 2 6277 3083 Fax: +61 2 6277 5829 dis.sen@aph.gov.au

Dear Committee Members

This submission is from the direct experience of the NDIA/S trying to force my daughter to submit to an occupational therapist assessment.

In 2020 my daughters’ application for admission into the NDIS scheme had been refused, The review had taken place and that review upheld the earlier decision, that decision confirmed that the application had been refused outright.

We had very solid grounds to take the case to the AAT for review, so we did and the AAT decided to review the case.

At the first conciliation hearing we discovered NDIA had employed a law firm, maybe because their legal team did not have the expertise to bully people with disabilities into submission.

At the second or third conciliation hearing (there were five all together and two direction hearings), I can’t remember exactly. We were told my daughter would have to undergo an Occupational Therapy (OT) assessment. [In our one and only session with and advocate we were warned this was the latest innovative strategy used by the NDIA to exclude participants, but, she did not think it would happen in this case because all our paperwork was in order and would guarantee admission once it was perused. She suggested we have a ‘lived experience’ submission ready as that was the usual tool they used (for exclusion). We prepared this document. Even when I asked if they wanted it, Sarah the NDIA legal team representative said they would ask for it if they needed it, they obviously did not]. Our immediate response was ‘why’. The lawyer, , said because there was not enough evidence to prove the condition (she has three very complex conditions of which one rare). We stated there was no need for an OT because the

Psychiatrist

and other specialists had written very thorough reports and used the assessment tools relevant for diagnosis and submission of findings. He, the lawyer, assured us the OT would have a background in mental health [so the message we received here was an OT’s opinion is superior to a specialist expert’s in their chosen field!], and had twenty-three years of experience in the field (and was hand- picked and chosen specifically by the NDIA for the NDIA??)], it must have been irrelevant that the psychiatrist had at least 25 years in his field and sixteen years training, and the professional experience of her other specialist and doctors is comparable.

My daughter refused to consent to an assessment by a stranger who was not recommended by a trusted doctor or specialist. She could not tolerate a stranger delving into her life. Any experience with NDIA/S had been so traumatic and stressful that she becomes physically ill whenever we received correspondence or phone calls from them. She and I did not want further distress.

After that particular hearing we had a phone call and letter from NDIA and the OT telling us that the investigation opps! I mean the assessment, would be conducted in a participant friendly way. At the next conciliation hearing we again refused. You will never guess what happened next, with direct consent from the AAT representative. , The lawyer threatened us! SUBMIT TO AN OT ASSESSMENT OR WE WILL SUMMONS YOUR MEDICAL RECORDS!!! That would be 26 years of medical records from various hospitals, psychiatrists, psychologist (very personal and private information) doctors and other allied health professionals. At this stage I was indignant and my daughter was crying. When I said we refuse to agree to the summons of documents the lawyer retaliated with another threat then we will summons the record holders (that would mean every hospital representative at least seven hospitals, maybe forty hospital doctors, twenty general practitioners, three psychiatrists and too many allied health professionals to count, would be summonsed, taking up hours of their valuable time and money).

You would not believe the totally unethical and unnecessary way my daughters’ personal information, from those summonsed documents, was presented at the actual AAT hearing and we shudder to think how many people read and had access to this personal and private

side (that had nothing to do with accessing the NDIS) of a person who was just trying to cope with the journey of life she had to follow and the burdens NDIS and life had dealt her.

I tried to get the information of the direct costs associated with the legal work involved in this particular case (that money could have been given to my daughter for the care she desperately requires). This request encompasses the legal costs of NDIA/S legal team, AAT dealings and lawyers and barristers but alas, the Freedom of Information (FOI) officer, , refused to give us the information because;

• “Sparkle and Helmore contend the documents contain information about the firms’ professional fees and charging practices, disclosure of which could reasonably be expected to have an unreasonably adverse effect on the firm’s business affairs by enabling competitors to gain commercial advantage.”
• “Disclosure would undermine the confidential relationship between NDIA and legal service providers”

And many other equally prejudice and soul destroying reasons. Reasons that have absolutely nothing to do with assisting people with disabilities to have a future and a better life, which was the reason for the formation of a Scheme i.e. the NDIS wasn’t it?

SO…………………….it is perfectly legal and right for a Government organisation (which is there to assist people with disabilities to have a future and better life) to demand by law, and summons doctors, specialist, allied health professionals, and hospitals for untold amounts of personal information, using their resources, funds and time ………destroy my daughters, fragile in normal times, mental and physical wellbeing,

BUT…………..it is not right or legal for us to request information on the financial expenditure concerning the need to exclude one very disabled person form the scheme!!! Because the competition may ‘gain commercial advantage’.

This saga happened because we refused to submit to the Occupational Therapist Assessment and because some unskilled staff in the NDIA failed to assess my daughter’s access request according to the Act, Rules and assess Guidelines.

Thank You

Thank you for making it possible for my daughter and myself to make it very clear the corruption and associated abuse (reason to reject applicants) that will be associated with OT assessment of people with disabilities to access the scheme.

Have you noticed how some service providers currently are desperately advertising for occupational therapists and psychologists to join their teams?

Thank you

25 March 2021