NDIA Accountability Project

Daughter's complex disabilities and concerns about NDIS assessment process

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

Submission 160

Leah Kateiva

14th May 2024

SubmissionSubmi-; ion ChangesCham1e-; toto thethe NDIS Legislation

I have a 38-year-old daughter who has complex disabilities. Her life depends entirely on others to continue to live and thrive.

The NDIS has been a game changer for her in all aspects of her life. She, for the first time in her life can make decisions about what makes her happy, what she enjoys, and what she doesn’t enjoy. She has the freedom to be involved in the community when she is well and able to. She has made friends and now has a community.

The NDIS has funded her Assistive Technology which has changed how people respond and think about her. For the first time in her life she can join in conversations, make choices, make statements, and people have been able to see so much more about who she is as a person due to her being able to use eye gaze technology. They get to see her wit and sense of humor, her fears and her happiness.

The new Bill being introduced has set off our fear levels. It has many unexplained and not transparent pieces to it. It is a Legally complex Bill.

We as a community of people with disabilities and their carers have always said “nothing about us without us”, and have been assured that Co-Design will be undertaken but Co-design is not written into the law.

At the moment the Bill doesn’t say who will do the needs assessment and it does not show us how it will be different from the last proposal from the previous Government.

Two key points of concern.

  1. Ministerial Determination How the needs assessment works and how to turn assessment into a budget. This process needs to be transparent now not in the future.

  2. Does the determination give enough accountability should the determination have checks and balances. The law says the Minister will have a lot more power and participants less power. How might we look at shaping the bill so that any new Minister in not blow up the rights of people with a disability.

In this Bill the government has the power to set NDIS rules. We need to have access to draft rules to give us a picture of what the rules will look like. It introduces a concept of NDIS Support ie things that the NDIS will fund or won’t fund, we need to know how broad the rules will be. My major concern here, is that the way the Government draws the line on what is funded and what is not funded. The line needs to be not too narrow and is clear about what is and what is not funded.

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

Submission 160

We also need to be able to challenge a needs assessment and should have access to a draught of the results of a needs assessment. and be able to discuss the assessment with the person doing the needs assessment before it is submitted.

At this stage, the Bill doesn’t say you can change or challenge the needs assessment which is a huge concern.

If the needs of complex disabilities participants are made to share supports 1:3 then you are putting them at risk of further abuse. Not only the person with a disability but their support workers also. How does this work when two support people are required for lifting etc? The recommendations of the Royal Commission on people with a disability into abuse and neglect go totally against this proposal. I believe the recommendations of the Royal Commission should be fully adopted into any new legislation.

Does the Bill adhere to the CRPD benchmarks to which Australia is a signatory?

The main rights outlined in the Convention on the Rights of Persons with Disabilities (CRPD) include:

  • Equality and Non-Discrimination: People with disabilities have the right to be treated equally and without discrimination. This includes access to education, employment, and public services.
  • Accessibility: Ensuring that people with disabilities can access physical environments, transportation, information, and communication. This involves removing barriers and providing reasonable accommodations.
  • Full and Effective Participation and Inclusion: People with disabilities should be actively involved in decision-making processes and have equal opportunities to participate in society.
  • Respect for Individual Autonomy and Freedom: People with disabilities have the right to make their own choices and decisions, including in matters related to their health and personal life.
  • Right to Live Independently and Be Included in the Community: This emphasizes community-based living rather than institutionalization.
  • Respect for Privacy: Protecting the privacy and dignity of individuals with disabilities.
  • Access to Justice: Ensuring that people with disabilities can access legal processes and remedies.

Remember that these rights are essential for promoting inclusion, dignity, and equal opportunities for all.

So in conclusion my biggest concerns are that the Minister and the NDIA have too many powers and that there is not enough protections for participants.

NDIS supports are not defined and Needs assessment results cannot be appealed.