i,tk – NSWNSWGOVERNMENT A voice for equality and inclusion. •
D21/445504
Joint Standing Committee on the National Disability Insurance Scheme
Parliament House
Canberra ACT 2600
Via: ndis.sen@aph.gov.au
Dear Honourable members of the Joint Standing Committee,
Re: Inquiry into NDIS Independent Assessments
The Disability Council NSW (the Council) is a statutory body made up of members of the disability
community that advises the NSW Government on government policy relating to the need to improve
inclusion for people with disability.
The Council thanks the Joint Standing Committee for inquiring into the issue of Independent
Assessment and allowing the public to provide input on this matter.
The Council has significant concerns regarding several aspects of the proposed changes and submits
the following comments for the consideration of the Joint Standing Committee as it investigates issues
surrounding the Independent Assessment:
a) the development, modelling, reasons and justifications for the introduction of independent
assessments into the NDIS;
The Council understands the rationale underpinning the Independent Assessment as stated in the
Tune Review; however, it believes there has been insufficient cross-sector modelling and that NDIA
lacks sufficient related preparedness.
b) the impact of similar policies in other jurisdictions and the provision of other government
services;
The Council is unaware of any other jurisdictions that conduct Independent Assessments similar to
those proposed in the Tune Review and described in the Independent Assessment Toolkit.
c) the human and financial resources needed to implement independent assessments effectively;
The Council believes the human resources required to carry out Independent Assessments for NDIS
participants requires high-level disability-specific expertise; however, it disagrees that an
Independent Assessment can be disability neutral as indicated in the Independent Assessment
Toolkit.
d) the independence, qualifications, training, expertise and quality assurance of assessors;
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The Council is concerned that the eight agencies announced on 26 February 2021 as the organisations which will be delivering independent assessments do not have the high-level disability-specific expertise to carry out the Independent Assessments. Furthermore, the Council believes that the allied health professional known to the participant is best positioned to determine the participant’s functional capabilities.
e) the appropriateness of the assessment tools selected for use in independent assessments to determine plan funding; The Council believes the assessments tools that have been chosen cannot on their own identify individual participant needs. Furthermore, the Independent Assessment is unlikely to capture the participants functioning in day-to-day life.
f) the implications of independent assessments for access to and eligibility for the NDIS; The Council believes that because the assessment tools that have been chosen lack specificity and the agencies completing the assessments lack disability-specific expertise, many participants currently eligible for the NDIS may lose their eligibility.
g) the implications of independent assessments for NDIS planning, including decisions related to funding reasonable and necessary supports; The Council is concerned that some participants and their families may experience considerable stress due to the Independent Assessment. This stress may diminish the capacity to participate in the planning process fully.
h) the circumstances in which a person may not be required to complete an independent assessment; The Council believes that some people with psychosocial disability may be fearful of attending the Independent Assessment and suggests an opt-out process. Additionally, some people with medical conditions may not have the capacity to participate in an Independent Assessment.
i) opportunities to review or challenge the outcomes of independent assessments; The Council believes that most people with disability and their families have the capability and capacity to contest an independent assessment result; however, some people with disability may not. The Council believes that more support for people with disability is required to progress an Independent Assessment result contestation.
j) the appropriateness of independent assessments for particular cohorts of people with disability, including Aboriginal and Torres Strait Islander peoples, people from regional, rural and remote areas, and people from culturally and linguistically diverse backgrounds; The Council is concerned that the assessors and the assessments may not be culturally appropriate for First Nations people, people whose first language is Auslan, and other people from linguistically diverse backgrounds.
While it is good that trained experts will carry out independent Assessments, the Council is concerned that it could potentially exacerbate the shortage of allied health professionals, particularly in regional and remote areas. If many allied health professionals become independent assessors, they may not be available to provide support for participants. Furthermore, an allied health professional may experience a conflict of interest if serving as both an independent assessor and provide direct service to participants. 2
k) the appropriateness of independent assessments for people with particular disability types, including psychosocial disability The Council is concerned that the Independent Assessments process may be inappropriate for people with psychosocial disability.
l) any other related matters. It appears that the functional assessment process will determine the amount of money allocated to a person’s plan. This will happen before any planning meeting. The Council is concerned that plans will now need to fit into the allocated budget rather than determining a budget to fit in with a plan.
Parents of children with disability express “assessment fatigue”. Children undergo reviews and assessments by specialists across disability, health and education: disability allied health (e.g., OT, physiotherapy, speech, language, specialist clinics such as Cerebral Palsy Movement disorders clinics), health specialists (e.g., paediatrician, dentists, general practitioner), and education specialists. All of which ask similar questions, all of which claim to be from a strengths-based capability position, when in reality the assessments focus on what the person with disability cannot do.
While the NDIA indicates the Independent Assessment will not require specialist reports, the reality is, these reports will still need to be completed to facilitate short- and long-term intervention planning and to demonstrate accountability and progress.
The Council is concerned that the NDIA announced the eight agencies that will complete the Independent Assessments just three days after closing submissions on the latest round of Independent Assessment consultation, indicating that the NDIA did not consider the content of the submissions and demonstrating what appears to be the NDIA’s insincere approach to consultation.
While the Council welcomes