AEIOU Foundation

17 May 2024 for children with autism

Committee Secretary Senate Standing Committees on Community Affairs PO Box 6100 Parliament House Canberra ACT 2600

Dear Committee Secretary

Re: National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024

AEIOU welcomes the opportunity to share with the committee a service provider perspective on the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024 (the Bill).

AEIOU’s mission is to enhance the lives of children with autism and their families through evidence- based, successful early intervention programs and practical support. AEIOU operates 11 centres across regional and southeast Queensland, South Australia, and the ACT, enrolling up to 300 children each year.

Each child is supported by an expert transdisciplinary team of therapists and educators, who share the responsibility of assessing, planning, delivering, and evaluating each child’s individual plan. AEIOU’s commitment to providing the highest quality evidence-based early intervention services is grounded in our extensive research efforts, which give valuable insights into the efficacy of the AEIOU program, its impact on NDIS participants’ lives, the community and the overarching importance of early intervention.

Lack of Consultation

The Commonwealth Government repeatedly promised to ’keep the voices and needs of people with disability’ at the heart of all NDIS reforms. AEIOU appreciates that when the Commonwealth Government and state and territory governments agreed to an initial response to the NDIS Review in December 2023, it was flagged that an initial tranche of legislation would be introduced in the first half of 2024.

The NDIS Review process failed to incorporate the voices of autistic children with complex needs, and AEIOU was disappointed with the lack of consultation with key stakeholders ahead of the Bill’s introduction to parliament on 27 March 2024. Media reports that select disability advocates saw the Bill before introduction, bound by non-disclosure agreements, is concerning. We are particularly concerned about the absence of engagement with:

• Disabled people and their families: People with disability and their families, as primary users of the NDIS, are key voices whose expertise should be crucial in shaping reforms.
• Disability sector and peak bodies: Organisations representing disability service providers and other stakeholders have valuable insights to inform effective implementation.

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• State/Territory Governments: as the NDIS is funded between the Commonwealth and states/territories, consultation with these governments is essential.

While acknowledging this legislation is the first step in a 5-year NDIS reform process, AEIOU emphasises the importance of early engagement with the disability sector, peak bodies, and state/territory governments. These stakeholders should be involved from the outset, especially considering future changes will be implemented through rule changes enabled by this Bill.

Clarity regarding timeline

The five-year transition period for the implementation of the NDIS Review’s recommendations lacks details with regards to timing, placing participants and risk and impeding sector adaptation. Some recommendations appear to be already have been implemented without public awareness, while others such as the introduction of navigators and lead therapists, are being held for later in the five- year transition period. This may lead to unwanted side effects of negative impacts to vulnerable NDIS participants, market disruption and job losses, sector resistance, loss of confidence in the reform and social disruption.

Maintaining commitment to inclusive policy making processes in this most significant portfolio is essential to build and maintain consensus, market and sector health, and to mitigate disruption.

Overview of Bill content

The full impact of the NDIS Bill on participants and providers remains unclear until supporting rules are further developed and finalised. However, AEIOU is committed to collaborating with the Australian Government to ensure autistic children with high needs receive adequate funding, particularly through early intervention programs.

We are actively following the development of proposed NDIS rule changes, especially those related to disability and early intervention requirements. The new pathways for access and planning for those under 9 are particularly relevant to AEIOU’s service and clients. The requirement for all states and territories to agree on these Category A rules underscores the importance of ongoing state/territory government involvement.

Additionally, we are monitoring the development of a new needs-based assessment framework for NDIS budgets. We seek clarity regarding the specifics of these rule changes, particularly their implementation and potential impact on accessing NDIS support.

Finally, AEIOU supports changes that empower the NDIS Quality and Safeguards Commission to efficiently administer its compliance and enforcement functions.

Recommendation

To ensure the Australian Government adheres to its promise to keep the voices and needs of people with disability at the heart of all NDIS reforms, the committee should recommend the government commit to the following regarding future consultation on legislative changes:

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• a genuine commitment to co-design with the disability sector, peak bodies, and state/territory governments for future NDIS reform legislation and rule changes.
• in instances where young children cannot advocate for themselves, the voices of their parents / primary carers and experts in the field should be heard
• provide opportunity for greater consultation on future NDIS legislation or rule changes. This could potentially be achieved by releasing a roadmap of the 5-year transition period to implement NDIS Review recommendations, with consultation built into the timeframes
• transparency throughout such consultation, ensuring stakeholders are informed and have opportunities to provide feedback.

Thank you for your consideration of our submission.

Sincerely,

Alan Smith Chief Executive Officer

p 07 3320 7500 e info@aeiou.org.au w www.aeiou.org.au Central Office – 60 Leichhardt Street, Spring Hill | PO Box 107, Spring Hill QLD 4004 ABN 19 135 897 255 Registered Charity CH1818