NDIA Accountability Project

Inquiry Into the National Disability Insurance Scheme Amendment

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Inquiry Into the National Disability Insurance Scheme Amendment

(Getting the NDIS Back on Track No. 1) Bill 2024

Submission to the Senate Standing Committee on Community Affairs Legislation Committee

Address:

Date: May 2024

President: Angelo Cianciosi

Chief Executive Officer: Wendy Rose

Author: Siyat Abbi PhD

Inquiry Into the National Disability Insurance Scheme Amendment

Contents

Inquiry Into The National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024 ……………………………………………………………………………………………………………………………. 1

SUBMISSION TO THE SENATE STANDING COMMITTEE ON COMMUNITY AFFAIRS Legislation Committee . 1

About Kin Disability Advocacy (formerly EDAC): ………………………………………………………………………………. 3

Recommendation 1 – the NDIS legislation to enhance its legislative framework and operational practices to be more inclusive and responsive to the needs of CaLD participants. …………………………………………….. 3

Recommendation 2 – the NDIS legislation and its implementation strategies contain incorrect assumptions about CaLD people with disabilities and oversights. The NDIS legislation and implementation strategies need to address these assumptions and oversights by: ……………………………… 5

Recommendation 3 – Legislative and policy frameworks need to explicitly address the needs identifies in the CALD strategy to avoid potential disparities in service and support for ethnically diverse communities within the NDIS, ensuring that the system is equitable and responsive to all participants. The amendment Bill should specifically integrate the strategies and considerations outlined in the CALD Strategy 2024- 2028 by: ……………………………………………………………………………………………………………………………………… 7

Recommendation 4 – The current frameworks do not adequately distinguish or account for various aspects of diversity and intersectionality. An inclusive and effective NDIS legislation should explicitly address diversity and intersectionality by: …………………………………………………………………………………….. 13

Recommendation 5 – ensure that the NDIA’s discretionary powers and criteria are exercised with a deep understanding of cultural contexts and are accompanied by mechanisms for transparency and community input to mitigate the risks of misalignment between the services provided and the actual needs of these communities to foster a more inclusive and equitable NDIS. …………………………………….. 15

Recommendation 6 – the legislation should ensure that operational guidelines are clear and culturally sensitive with respect to report submission, notification periods, financial responsibility, timely updates, review processes, and support implementation and include specific provisions for language support, financial assistance, and access to appropriate advocacy support for ethnically diverse communities within the NDIS ………………………………………………………………………………………………………………………….. 17

Recommendation 7 – To ensure a service delivery model that is appropriate for the CaLD community, the NDIS framework should: ……………………………………………………………………………………………………………… 21

Inquiry Into the National Disability Insurance Scheme Amendment

About Kin Disability Advocacy (formerly EDAC):

Kin Disability Advocacy formerly (EDAC) is Western Australia’s peak not-for-profit organisation advocating for the rights of people with a disability, from a Culturally and Linguistically Diverse (CALD) background and their family and carers.

Kin Disability Advocacy is a member of the National Ethnic Disability Alliance (NEDA).

Kin Disability Advocacy currently receives recurrent funding from the Australian Department of Social Services (DSS) and the WA Department of Communities Disability Services (DS).

Kin Disability Advocacy delivers individual and systemic advocacy services in WA’s metropolitan, regional, and remote areas. This includes state-wide CALD advocacy services and individual generalist advocacy to WA’s North-West region (Kimberley and Pilbara).

Additional project funding is used to deliver human rights-based self-advocacy training for people with disability and their families/carers.

Kin Disability Advocacy operates a Digital Communication Project funded by the DSS, which addresses the intersection of disability and ethnicity in relation to various aspects such as services, policies, legislation, and more.

Kin Disability Advocacy generates additional income by providing cultural competency training to the disability services sector. The delivery of this training adheres to the National Disability Services Standards.

Kin Disability Advocacy expresses its gratitude for the opportunity to offer comments in response to THE National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024.

We express our appreciation to the SENATE STANDING COMMITTEE ON COMMUNITY AFFAIRS Legislation Committee for undertaking this inquiry and giving us an opportunity to provide our views on the bill.

The National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024 is the first legislative response to the NDIS Review Final Report released in December 2023. This Bill proposes several substantial changes to the National Disability Insurance Scheme Act 2013.

The modifications seek to enhance and elucidate the regulations concerning support and funding within the NDIS, as part of a continuous endeavour to enhance the scheme’s efficiency and adaptability to participants’ requirements.

Kin Advocacy provides the following feedback to these amendments:

Recommendation 1 – the NDIS legislation to enhance its legislative framework and operational practices to be more inclusive and responsive to the needs of CaLD participants.

Addressing these issues effectively will help ensure that the NDIS legislation is equitable and inclusive, providing meaningful support to all participants, regardless of their cultural or linguistic background.

This includes:

  • Developing culturally competent assessment tools.
  • Ensuring flexibility in funded supports to accommodate cultural practices.
  • Engaging with CaLD communities in policy development.

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Inquiry Into the National Disability Insurance Scheme Amendment

  • Training staff on cultural sensitivity.
  • Monitoring compliance with international standards like the UNCRPD.

We outline some critical aspects of the NDIS legislation and its implications for culturally and linguistically diverse (CaLD) participants which delve into access, funding limitations, assessment tools, and potential conflicts with international standards such as the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD):

a) Clarification and Expansion of Definitions.

  • Issue: The introduction of new definitions and the amendment of existing ones (e.g., NDIS supports, flexible funding, new framework plan, old framework plan) provide clearer guidance on what constitutes support and how funding arrangements are structured. This clarity is beneficial for participants, providers, and administrators, ensuring a common understanding of key terms.

  • Impact: However, while the amendments aim to provide clarity, the sheer volume and complexity of the changes could potentially make it difficult for CaLD participants and their families to successfully navigate and understand the NDIS. Thus, the bill would have proposed clauses that would help ensure that the changes are communicated effectively and that there is support for this cohort group to understand and get assistance to implement the changes.

b) Access to the Scheme for CaLD Participants

  • Issue: CaLD participants may face linguistic and cultural barriers when trying to access the NDIS. There may be a lack of culturally appropriate information and support in navigating the application and planning processes.

  • Impact: These barriers can delay or prevent CaLD participants from accessing the support they need, potentially leading to disparities in service delivery.

c) Needs Assessment, Limits of Choice and Control

  • Issue: The use of a standardized ‘needs assessment’ could limit personal choice and control by predetermining what is considered ‘reasonable and necessary’ without sufficient consideration of individual preferences and cultural nuances.

  • Impact: This approach might restrict CaLD participants’ ability to tailor supports to their unique cultural and personal contexts.

d) Technical Needs Assessment Tools

  • Issue: The deployment of highly technical assessment tools may not effectively capture the nuanced needs of CaLD participants, especially if these tools are not designed with cultural competence in mind.

  • Impact: Inadequate assessment tools could lead to underfunding or inappropriate support allocations for CaLD participants.

e) Information-Gathering Powers of NDIA

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Inquiry Into the National Disability Insurance Scheme Amendment

  • Issue: Enhanced information-gathering powers might lead to concerns about privacy, particularly for CaLD communities who may already be vulnerable or mistrustful of government agencies.

  • Impact: There could be apprehensions about how information is used and whether it could inadvertently lead to biased decisions or increased surveillance of CaLD participants.

f) Difference in ‘New Framework Plans’

  • Issue: New framework plans introduced by the bill may differ from current plans in terms of structure, flexibility, and the method of assessing needs.

  • Impact: Changes in plan frameworks could disrupt existing support arrangements for CaLD participants, take time to transition to new framework plans, potentially create confusion particularly if the new plans do not adequately account for cultural differences in care needs.

g) Barriers to What Supports the NDIS Will Fund

  • Issue: The legislation may have restrictive criteria on what constitutes ‘reasonable and necessary’ supports, which can be particularly limiting for CaLD participants whose cultural needs may not be well understood or considered standard by assessors.

  • Impact: This can restrict CaLD participants’ access to culturally specific supports that are essential for their effective participation in society.

h) Spending NDIS Funding

  • Issue: There may be concerns about the flexibility participants have in using their NDIS funds, especially if funding guidelines are strict or not culturally sensitive.

  • Impact: CaLD participants might find it challenging to use their funding for services that are culturally relevant but not traditionally recognized or supported by the NDIS.

i) Compliance with UNCRPD

  • Issue: There may be elements of the NDIS legislation or its implementation that do not fully align with the UNCRPD, particularly regarding the rights to autonomy, inclusion, and cultural respect.

  • Impact: Non-compliance could result in practices that do not support the full participation and inclusion of CaLD participants within the community.

Recommendation 2 –

The NDIS legislation and its implementation strategies contain incorrect assumptions about CaLD people with disabilities and oversights. The NDIS legislation and implementation strategies need to address these assumptions and oversights by:

  • Embracing a broader, more nuanced understanding of disability that includes cultural variations.

  • Implementing intersectional approaches that consider how overlapping identities affect the disability experience.

  • Recognising and providing for the diverse needs of individuals across all life-cycle stages in legislation.

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Inquiry Into the National Disability Insurance Scheme Amendment

Ensuring cultural competence is a core component of training for all NDIS service providers.

Such improvements would make the NDIS more inclusive and responsive to the diverse population it serves, thereby enhancing equity and accessibility within the scheme.

Highlight analysis of assumptions and oversights in the legislation that exclude or inadequately support CaLD group:

a) Homogeneous Understanding of Disability:

  • The NDIS legislation often assumes a uniform experience of disability across diverse populations.
  • Impact: This perspective fails to account for cultural variations in understanding and managing disability, which can affect how individuals from diverse backgrounds perceive and engage with the NDIS. For example, certain cultural groups may have different stigmas associated with disability or different support requirements that are not acknowledged by the legislation.

b) Inadequate Consideration of Non-English Speakers:

  • Although the NDIS makes provisions for non-English speakers, the emphasis often remains on English-language communication.
  • Impact on Migration Status: Migrants who are not proficient in English or illiterate in their own language may find it challenging to navigate the system, access services, or receive adequate support, despite their eligibility.

c) Lack of Intersectional Approaches:

  • The legislation does not consistently incorporate an intersectional approach that considers multiple overlapping social identities (like race, gender, socioeconomic status alongside disability).
  • Impact: Without this approach, the specific challenges faced by individuals at the intersection of multiple identities may be overlooked, such as indigenous people with disabilities, or individuals facing both racial discrimination and disability stigma.

d) Overlooking Life-Cycle Variations and its significance in CaLD communities.

  • The NDIS does not always differentiate support based on different life-cycle stages nor take into account the different experience and importance of family in CaLD communities.
  • Impact: Children, adults, and the elderly may experience disability differently and have varying support needs. These differences in needs are especially important in CaLD where children may continue to live in the family unit well into adulthood. A lack of life-stage differentiation that is culturally sensitive in terms of ‘family’, not just the individual, can result in services that are not age-appropriate or sensitive to life-cycle and CaLD specific challenges and structure.

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Inquiry Into the National Disability Insurance Scheme Amendment

e) Simplistic Approaches to Cultural Diversity:

  • There’s an oversimplified approach to cultural diversity, often treating ethnically diverse Australians as a single group without nuances.

  • Impact: This can lead to a lack of tailored services that consider the unique cultural backgrounds, practices, and needs of individuals, especially those born in Australia who may not identify with the culture of their ancestry but still face racial and ethnic prejudices.

f) Equating Migration with Non-English Speaking Backgrounds:

  • Legislation often implicitly equates migration with non-English speaking backgrounds, overlooking migrants who are fluent in English but still culturally diverse.

  • Impact: This can lead to inadequate recognition of the needs of English-speaking migrants from diverse backgrounds, who may require culturally specific interventions that do not revolve around language support.

g) Inadequate Cultural Competence Training:

  • Assuming existing service providers are equipped with the necessary cultural competence.

  • Impact: Without mandated, comprehensive cultural competence training for service providers, there can be misunderstandings, miscommunications, and inadequate service delivery to culturally and linguistically diverse groups, including those who speak English. This assumption can lead to real risks for CaLD people with disability, for example, when an accredited interpreter is not used to train support workers in higher risk supports such as tube-feeding.

Recommendation 3 – Legislative and policy frameworks need to explicitly address the needs identifies in the CALD strategy to avoid potential disparities in service and support for ethnically diverse communities within the NDIS, ensuring that the system is equitable and responsive to all participants. The amendment Bill should specifically integrate the strategies and considerations outlined in the CALD Strategy 2024–2028 by:

  • Ensuring assessments are culturally appropriate, assessors are properly trained, constantly establishing rapport and possibly sharing a background with the NDIS participant;

  • Making sure that there are adequate legislative mechanisms for review and appeal that consider cultural nuances toward addressing these tensions.

The CaLD Strategy 2024 – 2028 was recently launched…. Kin Advocacy would like to highlight the recommendations in the Strategy in relation to the NDIS Legislation and the NDIS Participant Journey with reference to:

  • Working Together to Deliver the NDIS - Independent Review into the NDIS Final Report“;

  • Explanatory Memorandum Document;

  • The NDIS Amendment (Getting the NDIS Back on Track No. 1) Bill

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Inquiry Into the National Disability Insurance Scheme Amendment

a) Integrating the priorities of the CALD Strategy 2024 - 2028 within the NDIS Legislation

The table below lists areas where the CALD Strategy needs to be integrated within the broader legislative framework aimed at improving the NDIS. Addressing these areas effectively requires coordinated efforts to ensure that the unique needs of CALD communities are met within the larger structure of the NDIS legislative reforms.

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Table 1: Integrating the priorities of the CALD Strategy 2024 – 2028 within the NDIS Legislation

Area CALD Strategy 2024-2028 Working Together - Explanatory NDIS Legislation Concern
Focus and Scope Concentrates on enhancing NDIS results for individuals from CALD backgrounds. Comprehensive systemic modifications and suggestions for enhancing the entire NDIS. Describes legislative amendments intended to enhance the NDIS following the evaluation. Details specific legal amendments to improve the NDIS’s efficiency and functionality. The broader focus of the last three documents might overlook or inadequately address specific needs highlighted in the CALD strategy, leading to gaps in service for CALD communities.
Resource Allocation Requires targeted funding for language services, cultural competence training, etc. Suggests comprehensive resource reallocation for broad NDIS enhancements. General legislative adjustments, might not specify resource allocation for CALD needs. Legislative text that is not specific about resources for CALD initiatives. Resource constraints could lead to insufficient funding for CALD-specific actions, as broader legislative adjustments may absorb the intended funds.
Implementation Speed Advocates for rapid action to address specific barriers faced by CALD communities. Recommends swift implementation of proposed changes to address urgent needs. General guidance on implementation timelines, potentially slower due to legislative processes. Details on legislative enactment that may not align with the urgency of implementing CALD-specific measures. Differences in urgency and implementation speeds may lead to delayed responses to the specific needs of CALD communities.

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Area CALD Strategy 2024-2028 Working Together - Explanatory NDIS Legislation Concern
CALD Strategy 2024-2028 Emphasises enhancing cultural competence to better serve CALD participants.
Working Together - NDIS Review Final Report Recognises the need for improved cultural competence across the NDIS but is not the main focus.
Explanatory Memorandum May mention cultural competence but without specific directives or emphasis.
NDIS Legislation Does not focus specifically on cultural competence improvements.
Concern The CALD Strategy’s focus on cultural competency may not receive sufficient backing from the general and vague methods outlined in the other publications.

Cultural Competence | Emphasises enhancing cultural competence to better serve CALD participants. Recognises the need for improved cultural competence across the NDIS but is not the main focus. May mention cultural competence but without specific directives or emphasis. Does not focus specifically on cultural competence improvements. The CALD Strategy’s focus on cultural competency may not receive sufficient backing from the general and vague methods outlined in the other publications.

Stakeholder Engagement | Prioritises direct and meaningful engagement with CALD communities through co-design and other inclusive practices. Highlights the importance of engaging with a wide range of stakeholders but not specifically CALD-focused. Does not specify engagement strategies, especially for CALD communities. Lacks details on engaging CALD stakeholders in the legislative process. Potential misalignment in engagement approaches, where CALD-specific strategies might not be fully integrated into the broader legislative and policy development processes.

Legislative Specificity | Targets specific changes needed within the NDIS to better support CALD participants, such as language access. Provides broad recommendations that might not translate directly into legislative intents. Bridges the review recommendations with legislative intents but may still not necessarily addressing the unique needs. Focuses on legal specifics without necessarily addressing the unique needs. The CALD Strategy’s specific needs may not be fully or effectively translated into the legislative actions.

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Area CALD Strategy 2024-2028 Working Together - Explanatory NDIS Legislation Concern NDIS Review Final Memorandum Report language or specific address very specific requirements for CALD prescribed in the other actions. CALD needs. participants explicitly. documents.

a)  Integrating the priorities of the CALD Strategy 2024 – 2028 within the NDIS Participant Journey

The table below lists areas where the CALD Strategy needs to be integrated within the changes to the NDIS Participant Journey aimed at improving the NDIS. Addressing these areas effectively requires coordinated efforts to ensure that the unique needs of CALD communities are met within the larger structure of the NDIS legislative reforms.

Table 2: Integrating the priorities of the CALD Strategy 2024 – 2028 in the NDIS Participant Journey

Area CALD Strategy 2024- Working Together - Explanatory NDIS Concern 2028 NDIS Review Final Memorandum Legislation Report

Pre-Assessment Advocates for Not specifically Not addressed. Not detailed. Ethnically diverse communities may Framework & transparency and addressed. require culturally tailored pre- inclusivity. assessment information, which may Questions not be fully addressed or mandated in legislative or broad policy documents. Assessor’s Emphasises cultural General call for skilled Not addressed. Not The absence of specific mandates for Qualifications & competence. workforce. addressed. assessor qualifications in the Credentials legislation may lead to a lack of culturally competent assessors, contrary to the aims of the CALD Strategy.

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Area CALD Strategy 2024- Working Together - Explanatory NDIS Concern 
          |2028              |NDIS Review Final Report|Memonandum|Legislation||

Assessors from Stresses the importance Not specifically Not addressed. Not The broader legislative and policy CALT Backgrounds documents do not specify the need for assessors from similar cultural backgrounds, which is crucial for understanding and trust in CALD communities.

Adequacy and Requires culturally Calls for comprehensive Suggests procedural Formal Potential misalignment if Appropriateness appropriate and fair assessments. fairness. review assessments do not consider cultural of Assessment assessments. mechanisms. nuances, leading to ineffective or inappropriate assessments for CALD participants.

Participant Advocates for active Promotes participant Not addressed. Specifies Legislative details may not fully Access to and participant involvement. involvement. rights in support the level of participant Revision of planning engagement in reviewing and revising Assessments processes. assessments that the CALD Strategy advocates for.

Review of Calls for culturally Supports robust review Outlines review Details Reviews may not adequately address Assessments sensitive review mechanisms. processes. review and cultural specificities if not explicitly processes. appeal included in legislative frameworks, processes. potentially overlooking crucial aspects for CALD participants.

Challenging Likely supports Advocates for clear Not detailed. Formal If appeal processes do not explicitly Assessments culturally tailored appeal rights. appeal incorporate cultural considerations, appeal processes. mechanisms they may not fully serve the needs of outlined. CALD communities, as emphasised in the CALD Strategy.

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Area CALD Strategy 2024- Working Together - Explanatory NDIS Concern 2028 NDIS Review Final Memorandum Legislation Report

Guarantees Would likely advocate Not addressed. Not addressed. Not Without explicit legislative or policy Against Negative for protective measures. addressed. protections, there may be no Outcomes in guarantees that disagreements won’t Disagreements lead to worse outcomes, conflicting with the protective intent of the CALD Strategy.

Recommendation 4 – The current frameworks do not adequately distinguish or account for various aspects of diversity and intersectionality. An inclusive and effective NDIS legislation should explicitly address diversity and intersectionality by:

  • Ensuring assessments and services are adaptable to the complex, overlapping identities and experiences of all participants.

  • Mandating training and development for assessors to understand and apply principles of intersectionality in their work.

  • Creating robust mechanisms for feedback and adaptation of services to meet evolving and diverse participant needs.

  • Measure of integration that would support the delivery of more personalised, effective, and equitable support across all aspects of diversity within the NDIS.

The table below lists areas where current frameworks do not adequately distinguish or account for various aspects of diversity and intersectionality in CaLD communities. Addressing these areas effectively requires coordinated efforts to ensure that the unique needs of CALD communities are met within the larger structure of the NDIS legislative reforms.

| Area | CALD Strategy 2024-2028 | Working Together - NDIS Review Final Report | Explanatory Memorandum | NDIS Legislation | Concern |

Inquiry Into the National Disability Insurance Scheme Amendment

Issue

CALD Strategy Review Final Report Explanatory NDIS Legislation Concerns

Ethnic and Cultural Backgrounds

  • Focused on CALD needs.
  • Broad systemic recommendations.
  • General legislative focus.
  • Specific legal amendments.
  • Legislation and general policy may not specifically address or tailor services to the unique cultural, linguistic, and traditional needs highlighted by the CALD Strategy.

Gender and Sexual Orientation

  • Not specifically targeted.
  • Not specifically addressed.
  • Not addressed.
  • Not addressed.
  • Lack of explicit consideration for how gender and sexual orientation intersect with disability and cultural background could lead to service gaps.

Socioeconomic Status

  • Not addressed.
  • Implied concern for overall equity.
  • Not specifically addressed.
  • Not addressed.
  • Socioeconomic factors, which can greatly affect disability support needs and access, may not be sufficiently integrated into assessment and service provision frameworks.

Age and Generational Differences

  • Not specifically targeted.
  • General mention of broad participant needs.
  • Not addressed.
  • Not addressed.
  • Age-related needs and how they intersect with cultural background may be overlooked, affecting the appropriateness of support for younger vs. older CALD participants.

Disability Type and Severity

  • Emphasises appropriate support.
  • Calls for tailored, flexible support.
  • Assumes generic applicability.
  • Detailed legal specifics.
  • Legal and policy frameworks may not adequately reflect the variance in needs based on disability type and severity, particularly within culturally diverse populations.

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Inquiry Into The National Disability Insurance Scheme Amendment

Issue CALD Strategy Review Final Report Explanatory NDIS Legislation Concerns

            2024-2028                        Memorandum
Language Strong emphasis on Recognises Not specifically Not addressed. Legislative And Policy Documents

Barriers overcoming communication as a addressed. May not provide adequate language barriers. barrier. mandates for overcoming language barriers, A key concern in the cald strategy.

Recommendation 5 – Ensure That The Ndias Discretionary Powers And Criteria Are exercised With A Deep Understanding Of Cultural Contexts And Are Accompanied By Mechanisms For Transparency And Community Input To Mitigate The Risks Of Misalignment Between The Services Provided And The Actual Needs Of These Communities To Foster A More Inclusive And Equitable Ndis. kIn Advocacy Is concerned About The Potential For Rules And Decisions Within The NDis To Be Made Or Altered Without Adequate Consideration Of The Unique And Diverse Needs Of Ethnically Diverse Communities. these concerns are amplified by:

The broad discretionary powers given to the ndia and the minister, which might lead to rapid changes in policies or rules that could disrupt services for cald communities or fail to consider cultural nuances.

the criteria for entering the scheme, Which may rigidly determine the type and amount of funding a participant receives, potentially overlooking the nuanced support needs of individuals from diverse backgrounds.

The table below lists areas where rules and decisions made within the nDis need to consider the unique and diverse needs of ethnically diverse communities. Addressing these areas effectively requires coordinated efforts to ensure that the unique needs of CALD communities are met within the larger structure of the NDIs legislative reforms.

| Areas Where Discretionary Powers, Rules And Decisions Need To Consider The Unique And Diverse Needs Of CaLD Communities |

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Issue

CALD Strategy 2024- Review Final Report Explanatory NDIS Legislation Concerns

Flexibility in Making, Changing NDIS Rules

Not specifically addressed but implies the need for responsive systems. Recommends adaptive systems. Explains changes as necessary but doesn’t focus on the flexibility or frequency of changes. The broad legislative powers may lead to changes that do not consider the unique needs of CALD communities, potentially leading to services that do not align with their specific cultural requirements.

Criteria for Scheme Entry Affecting Funding

Advocates for needs-based assessments that reflect cultural competence. Advocates for tailored support based on individual needs. Generally describes legislative intentions, not specifics on how entry criteria directly affect funding packages. Sets specific criteria for entry that may not consider all aspects of an individual’s spectrum of needs. If entry pathways rigidly determine funding without considering the full spectrum of an individual’s needs, CALD participants may receive inadequate support.

Discretionary Powers of NDIA

Implies a need for culturally informed, fair use of discretion and equity in administrative actions. Calls for fairness and equity in decision-making. Does not provide specifics on limiting or guiding the use of discretionary powers. Grants significant discretionary powers to NDIA without strict guidelines on their use. Discretionary powers, if not used with cultural sensitivity and transparency, might lead to decisions that adversely affect ethnically diverse communities.

Lack of Stipulated Circumstances for Using Powers

Would likely support clear guidelines reflecting cultural understanding. Suggests safeguards and transparency in decision-making. Typically does not detail scenarios or limits on powers, asuming broad applicability. The absence of stipulated conditions in the use of NDIA’s powers could lead to decisions that fail to consider the complex needs of CALD communities.

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Issue CALD Strategy 2024- Review Final Report Explanatory NDIS Legislation Concerns 2028 Memorandum

leading to potential service gaps and inequities.

Recommendation 6 – the legislation should ensure that operational guidelines are clear and culturally sensitive with respect to report submission, notification periods, financial responsibility, timely updates, review processes, and support implementation and include specific provisions for language support, financial assistance, and access to appropriate advocacy support for ethnically diverse communities within the NDIS Certain operational areas of the NDIS can especially impact ethnically diverse communities. The potential tensions identified across the documents suggest that while there is a general acknowledgment of the need for fair, flexible, and responsive administrative processes, there may not be enough detailed provisions to ensure that these processes are adequately adapted to the unique needs of ethnically diverse communities.

This can lead to significant challenges, particularly in terms of accessibility, understanding of requirements, financial burdens, and timely support. The table below identifies the issues and where these gaps exist.

Table 5: Concerns about Operational Aspects and Ethnically Diverse Communities

Issue CALD Strategy 2024- Review Final Report Explanatory Memorandum NDIS Legislation Concerns
Timeliness and Consequences for Report Submission Calls for culturally sensitive administrative processes. Advocates for flexible and responsive systems. May not specify consequences of late submissions. Specifies the need for timely submission of reports. If reports are not submitted on time, the consequences may be too harsh for CALD communities, especially if they face language barriers or lack advocacy.
Notice Period for Late Reports Emphasises the need for clear communication. Suggests need for clear procedural fairness. General guidance on standard notice periods. Likely specifies standard notice periods. Standard notice periods may not consider the additional time needed by CALD

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for Diverse Communities Inquiry Into the National Disability Insurance Scheme Amendment Issue CALD Strategy 2024-Review Final Report Explanatory NDIS Legislation Concerns 2028 Memorandum accessible participants to comply, due to communication. Financial Would likely Not specifically Not addressed. Likely does not The financial burden of Responsibility for advocate for support addressed. specify who bears the obtaining required reports Reports in obtaining costs. could disproportionately necessary reports. affect CALD participants if not subsidised or supported. Assistance for Stresses the Calls for broad Not specifically Does not provide CALD participants without Participants importance of support mechanisms. addressed. details on additional family or advocacy might Lacking Support community and support. struggle to navigate the Networks support for CALD system and meet participants. requirements without specified support. Definition of ‘Up- Not specifically Not specifically General terms might May define terms but Ambiguity in what constitutes to-Date’ addressed but addressed. be used, not clearly not specify time ‘up-to-date’ could lead to Information implies the need for defined. frames. misunderstandings and non- clarity. compliance, especially for CALD participants. Review and Action Calls for timely and Advocates for timely Not detailed. Specifies procedures Delays in reviewing reports on Reports culturally competent and effective but not specific time and acting on them can hinder generic handling of responses. frames. timely access to necessary information. supports, affecting CALD participants’ outcomes. Support Would support Not directly Not addressed. Details on procedural Gaps in specifying how quickly Implementation seamless transitions addressed but transitions but lacks supports must be After Status to prevent service implies need for specifics on support implemented can leave former Changes disruptions. timelines. participants vulnerable,

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Issue CALD Strategy 2024- Review Final Report Explanatory NDIS Legislation Concerns 2028 Memorandum prompt support especially those from CALD transitions. backgrounds.

Concerns about the flexibility of the NDIS budget, the constraints on stated supports, the reviewability of decisions, financial management, the transition from old to new framework plans, and the rapid implementation of legislation.

Here we explore how each of these aspects can potentially create tensions, particularly for ethnically diverse communities:

Table 6: Concerns with Administrative and Operational Flexibility and CaLD communities

Issue CALD Strategy 2024- Review Final Report Explanatory NDIS Legislation Concerns 2028 Memorandum Flexibility of Emphasises the need Calls for tailored May not address Provides frameworks, The perceived flexibility Budget for culturally competent support based on flexibility details. but flexibility might be may not align with flexibility. individual needs. limited by regulations. actual practice, potentially limiting CALD participants’ ableity to tailor supports to culturally specific needs.

Constraints on Stresses importance of Advocates for Generally describes the Defines supports Constraints on who can Stated maintaining choice for participant choice and structure of supports. possibly limiting provide supports may Supports CALD communities. control. provider choices. reduce the cultural appropriateness of services for CALD participants, affecting their choice and control.

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Issue

CALD Strategy 2024- Review Final Report Explanatory NDIS Legislation Concerns

Reviewability of Plan Management Decisions

Calls for accessible and understandable review and appeal mechanisms. Suggests robust review mechanisms. Does not provide specifics on review processes. Details procedures for reviews and appeals. Lack of clear, culturally tailored review processes might hinder CALD participants’ ability to appeal or understand decisions about plan management.

Financial Management and Fraud Prevention

Advocates for protective measures for vulnerable communities. Highlights the need for transparency and accountability. Assumes effectiveness without detailing oversight mechanisms. Specifies administrative roles but may lack detailed prevention strategies. Concerns about how funds are managed and monitored could particularly affect CALD communities if cultural considerations and vulnerabilities are not adequately addressed.

Transition to New Framework Plans

Likely supports smooth transitions for CALD participants. Recommends phased and understandable transitions. Not detailed on transition processes. Specifies the transition but may not detail participant support during change. Rapid transitions may confuse or disadvantage CALD participants, especially if changes are not communicated effectively in culturally accessible ways.

Explanation of Individual and Culturally Informed Explanations

Would support clear and culturally informed explanations. Not specifically addressed but implies a need for clarity. Not addressed. defines terms, possibly without sufficient technical explanation or poorly explained.

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Issue CALD Strategy 2024- Review Final Report Explanatory NDIS Legislation Concerns 2028 Memorandum Class of clarity for lay terms, leading to Supports understanding. misunderstandings or inappropriate support choices. Risk Emphasises the need Calls for careful May not fully address Outlines legislative Rapid legislative Management in for risk-aware planning and potential risks of rapid changes with an changes may put CALD Legislative approaches. stakeholder implementation. emphasis on efficiency participants at risk by Changes consultation. over individual impact. not allowing adequate time for understanding or adaptation, potentially leading to disruptions in services.

Recommendation 7 – To ensure a service delivery model that is appropriate for the CaLD community, the NDIS framework should:

Enhance Flexibility: Ensure that flexibility in funding genuinely allows for culturally and personally tailored support solutions.

Strengthen Protections: Explicitly incorporate protections that consider the vulnerabilities and specific risks faced by CALD communities.

Ensure Responsiveness: Develop mechanisms that not only allow for feedback from all participants but also ensure timely and effective responses to their concerns, especially for those from diverse backgrounds.

Ethnically diverse communities often face significant challenges in securing appropriate NDIS supports and services due to:

  • Lack of flexibility in how budgets and supports can be used, potentially conflicting with the cultural and individual needs of these communities.
  • Insufficient support during transitions to new legislative frameworks, risking confusion and mismanagement of care.

Disability Advocacy

for Diverse Communities

Inquiry Into the National Disability Insurance Scheme Amendment

Rapid legislative changes that might not consider the full impact on vulnerable populations, leading to potential upheaval and risk to participants.

The increase in oversight in addressing participants’ needs, controlling consumer behaviour, the lack of explicit protections within the bill, the actual flexibility of funding, and how participant concerns are addressed highlight a potential disconnect between the broad legislative and policy frameworks of the NDIS and the specific, nuanced needs of ethnically diverse communities.

We are concerned that the structural focus of the legislation may not adequately account for the cultural sensitivities and individual preferences of these communities, potentially leading to a service delivery model that feels restrictive and unresponsive.

The table below identifies area of concern that need to be addressed to provide a better NDIS service delivery model for ethnically diverse communities.

Inquiry Into the National Disability Insurance Scheme Amendment

Issue

CALD Strategy 2024- Review Final Report Explanatory NDIS Legislation Concerns

Instrument of Protection

Likely supports strong protections for vulnerable participants.

Proportion of Flexible Funding

Stresses the need for flexible funding to meet diverse needs.

Addressing Participants’ Concerns

Calls for accessible, responsive support systems.