National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024 [Provisions]

Submission 137

(i\ ~ ~) Commissioner for Children and Young People\n!,!,$$ Western Australia\n Our reference: CM 24/027 44\n Committee Secretary\nSenate Standing Committee on Community Affairs\nPO Box 6100\nParliament House\nCanberaa ACT 2600\n Email: community.affairs.sen@aph.gov.au\n Dear Senators, Proposed changes within the National Disability Insurance Scheme Amendment\n(Getting the NDIS Back on Track No. 1) Bill 2024 [Provisions]\n Thank you for the opportunity to provide a submission to the National Disability\nInsurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024\n[Provisions].\n As Commissioner for Children and Young People in Western Australia, I have a statutory responsibility under the Commissioner for Children and Young People Act\n2006 (WA) to advocate for the views of children and young people to be heard in decision making that affects them. This role includes giving priority to, and having special regard to, the interests and needs of Aboriginal and Torres Strait Islander children and young people, and to children and young people who are vulnerable or disadvantaged in any way.

In undertaking these responsibilities, I must also have regard for the United Nations Convention on the Rights of the Child (UN CRC) which upholds the right of all children and young people to be protected from harm, to be safe, feel safe and be respected wherever they are, and to participate in decision making that affects them.

The Review of the NDIS conducted in 2023 provided a much needed and useful path forward for the NDIS. Reforms aimed at addressing the unconstrained costs of the current NDIS model, improving its effectiveness and providing fairer and more consistent participant pathways are critical. The current bill has the potential to deliver on those reforms. As the effect of the legislative changes is dependent on the yet-to-be-determined mechanisms including the NDIS Rules, needs assessments, new frameworks and funding algorithms, it is difficult to determine the impact on children and young people who may need NDIS services.

Level 1, Albert Facey House, 469 Wellington Street, Perth WA 6000\nTelephone: 08 6213 2297 Free call: 1800 072 444 Fax: 08 6213 2220\nccyp.wa.gov.au

National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024 [Provisions]

Submission 137

Alternate commissioning pathways are a welcome option to ensure plans are relevant to local contexts. However, the disparity in current Plan utilisation related to remoteness is on a scale that suggests consideration of location should be given priority more broadly within the legislation. The barriers for children and young people with disability and their families in accessing services (including assessment) in regional and remote areas are multi-factored and significant.

Market failure across regional and remote Australia is a key concern that must be addressed. In addition, funding for early intervention early childhood pathways must be expanded to regional and remote areas to provide critical early supports for children to prevent them having a lifelong disability. Early intervention is well researched and demonstrates how such approaches can reduce those who may have otherwise received full disability support through the NDIS. However, those pathways must also provide supports for parents to become engaged in supporting their child with physical, occupational and speech therapies.

There is also an urgent need to critically review the supports available to children with complex medical and disability support needs. Evidence demonstrates that many families suffer significant substantial burdens as caring for their child is a full-time role negating the ability to earn income and fully participate in society. There is an urgent need to consider both upstream and downstream effects and needs for this particularly complex cohort of children and young people.

Lastly, in addition to the Human Rights instruments identified and reviewed in the Explanatory Memorandum, I would like to see a commitment in the Bill to upholding the United Nations Declaration on the Rights of Indigenous Persons. Maintaining connection to community, culture and Country are not incidental to the success of support models for Aboriginal and Torres Strait Islander people and this should be embedded in legislation.

Yours sincerely,

Jac³eline McGowan-Jones Commissioner May 2024

Level 1, Albert Facey House, 469 Wellington Street, Perth WA 6000 Telephone: 08 6213 2297 Free call: 1800 072 444 Fax: 08 6213 2220 ccyp.wa.gov.au