Joint Standing Committee on the National Disability Insurance Scheme
PO Box 6100 Parliament House Canberra ACT
Re: The Independent Functional Assessments and NDIS
I am very concerned about “Independent assessments for the NDIS. The independent functional assessments were first trialled by the NDIA in late 2013 to see whether they could be successfully used to calculate resource allocation/reasonable and necessary support. A trial found it was not fit for purpose and it was therefore discontinued after one year. (1) It is certainly not going to work for psychosocial disability and maybe in breach of the NDIS Act. Which allows for independent choice for the participants. in our case it took four years to get to where we are today; my relative moved into SIL in Oct.2020. This only came about with many reports/submissions from eminent psychiatrists, psychologists and contributions from researchers at QIMR BERGHOFER, Monash University (Epworth Centre), NGO’s and community organisation over a 22year period. it is so difficult anyway to get people with a psychosocial disability onto the NDIS. in our case reviews, appeals, lawyers, review(s) and review of the reviewable decisions. If the above reports by these Clinicians and others are inadmissible (which appears to be the case); it will mean that people with a psychosocial disability will be denied access to the NDIS as a cost saving measure. This is a huge change to the current system where evidence from your usual allied health professional informs these decisions. In addition, I understand the Independent Assessment result will not be directly reviewable by the Administrative Appeals Tribunal. There is an even more significant issue: what will and won’t be reviewed by the AAT. because the Independent Assessors aren’t employed by the NDIA, Participants cannot appeal to AAT denying natural justice. Therefore there is need for much more complete & transparent Appeal processes. There must not be any diminution in the right of participants or those advocating on their behalf; to appeal to the AAT - IA itself should also be Reviewable.
Independent Assessments
Submission 331 The independent functional assessment proposal is contrary to the recommendations of the recent Royal Commission into the Disability Sector, the Royal commission into the Metal Health Sector in V.I.C. I would argue that this proposal could be in breach of the discrimination and human rights legislation and deny natural justice. it would be impossible for an independent assessor to understand the very complex and difficult illness that my relative has struggled with for many years, namely, the Intrusive Thoughts sub set of Refractory OCD, in a 3 hours assessment. i have attached 8 submissions from MHCN, MHCC , Response to Consultation on Proposed NDIS Reforms signed by 25 organisations, P.W.D.A 2 Doc, Melbourne Disability Institute (An analysis of the NDIA’s proposed approach to Independent Assessments) and a copy of the ABC investigation (As the NDIS moves to independent assessments, these companies stand to profit from the Change), Disability Affairs Reporter “Disability organizations rally against proposal to introduce independent assessment” and SMH 26/03/2021 by Rob Harris. as carers we were led to believe by Government that once our love ones were on the NDIS, they would be looked after when we die. I am 76 years old. this has come about because they have lost so many appeals at the Tribunal…. It is a cost saving exercise. There are over 900,000 carers in NSW and 500,000 on NDIS. So, a huge number of the most vulnerable people in our community will be affected. it seems rather odd, that the Allied Care Group (one of the organizations picked to roll out the new testing regime) is a subsidiary of Zenitas Healthcare whose CEO is a former head of the NDIS? to summarise there is insufficient evidence to conclude that the set of tools selected for IA will lead to valid, equitable and consistent decisions. it is therefore disturbing that the NDIA intends to replace the current planning process with an almost total reliance on IA. ia should not be introduced until it can be clearly demonstrated that it is valid. This information must be made available to participants and families in accessible formats in order to establish trust and confidence in the new process. In the absence of sufficient evidence, their fears and anxieties will understandably continue, undermining confidence in the scheme and its management. Moreover, unless the ndia changes course, there is a very real danger that ia will have all the hallmarks of automated “robo planning.” (Which could result in a Class Action) rather than the individualised planning and funding process that people with disabilities and their families fought so hard for when campaigning for the ndis. as an aging parent i need support for my disabled son, in order to enable me to die in peace.
Submission 331
So, we need a system that meets his individualised needs, ensuring fairness and justice for a you are writing about. Reference (1): NDIA, Assessment of Functional Capacity for NDIS-Development and Framework, August 2020, page 3.
Kind Regards Robert Wellman