National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024 [Provisions]
Submission 151
The proposed legislation infringes upon human rights by bestowing excessive power upon the CEO. The current legislation makes mention of “participants’ plans,” however, the NDIS already considers them as “NDIS plans,” thereby disregarding participant input. They have failed to uphold the objectives and principles outlined in my plan and that of my children, without any representation for disabled individuals. The NDIA is seeking to establish rules to be implemented later, granting the CEO unbridled power to act as they please under the guise of legislation.
Every individual has the right to determine who is allowed entry into their home, irrespective of disability or functional limitations. Removing this right constitutes a violation of human rights. Imposing such measures upon individuals who are already disabled and in need of assistance represents an abuse of power by the NDIA.
According to the proposed legislation, myself and my children, who are part of the NDIS program, will be stripped of the freedom to decide who may enter our residence, as the NDIS will dictate whether individuals are deemed ‘registered’ or not. This act deprives me of my rights as an Australian citizen to be treated with equality and fairness, as is expected of all citizens.
While my neighbour can freely shop at any retailer of his choosing due to not being on the NDIS, I am confined to purchasing solely from NDIS-registered providers. This blatant disregard for my rights encroaches upon my privacy.
I should be entitled to the same rights as any other individual; however, I am being segregated in terms of who can access my home and where I can make purchases. Such legislation violates my rights and should not be accepted.
The NDIS forced me into Agency Managed status against my wishes two years ago. Currently, I am pursuing reinstatement of Plan Management through the AAT, as the existing legislation does not allow them to force me Agency Managed yet they are still breaking the law and doing it. Imposing a risk assessment for Plan Management would impinge upon the rights of disabled individuals to select their provider. I should have the liberty to choose any provider, not restricted solely to those registered with the NDIS. By limiting me exclusively to registered providers, I am being segregated and denied my right to self-determination as articulated by the United Nations.
The utilization of NDIS-registered providers for services like physiotherapy does not necessitate extensive knowledge of their operations. Similarly, Plan Managers possess the necessary expertise and are compensated accordingly for their services. Imposing a risk assessment for Plan Management would unfairly deprive individuals of their fundamental human rights, driving more participants towards NDIA management, leading to increased segregation and institutionalized block funding.
The establishment of the NDIA was intended to empower individuals with disabilities. Even medical experts cannot predict the future and determine the precise disability supports that may be required. It is unrealistic to expect anyone to know in advance the disability supports they will necessitate at the time of their access assessment.
National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024 [Provisions]
Submission 151
Funding for individuals with disabilities should be allocated based on their specific needs as recommended by their chosen therapists, in compliance with legislation. The NDIS should consider functional impairments rather than diagnoses like Autism Level 3, and how they impact the individual physically, neurologically, or sensory-wise. An appeals process should also be in place for access decisions, given the propensity for inaccuracies, rendering funding solely based on access decisions unsuitable.
The CEO is vested with the authority to request all medical records, with non-compliance potentially resulting in exclusion from the NDIS. Despite the current legislation mandating the NDIS to enable and support participants, individuals often find themselves in opposition to government organizations attempting to withhold supports. A document provided in 2021 regarding cognitive abilities is now being utilized against me in 2024, hindering my ability to be plan-managed. The proposed legislation would grant the NDIS access to all medical history without consent, constituting a violation of human rights. The respect for individual rights should not be disregarded or undermined.
The classification of disabled individuals is reprehensible and further contributes to segregation rather than fostering inclusion. Funding determinations should be based on functional impairment rather than grouping all individuals with ASD together, for instance.
As a survivor of sexual assault, I maintain that independent assessments for the NDIS should not be mandatory. It is my prerogative to choose who enters my home and to whom I divulge personal information. This legislation violates my rights and fails to acknowledge the trauma it will incite.