Hireup

Submission on the National

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

May 2024

Our purpose

To enable the pursuit of a good life for everyone

About Hireup

Hireup is a national NDS registered disability service provider that offers people with disability full choice and control over their support workers via an online platform. Hireup provides support to over 10,000 people with disability and employs over 10,000 workers to make this possible. Our platform is unique in that it employs all support workers directly. This arrangement ensures they receive guaranteed superannuation contributions, workers’ compensation, and wages at or above the award rate.

At Hireup, we are committed to ensuring the lived experience and perspectives of people with disability, their supporters, and our workers, are integrated within our operations. This submission was informed by our Community Advisory Group (CAG), comprising Hireup clients, account managers, and support workers. The CAG plays a crucial role in connecting our staff with the community and collecting insights on initiatives within the business and external environments. Their input has significantly shaped this submission, which includes a number of quotes from our Community Advisors and reflects their feedback and views on the Bill.

Introduction

The introduction of the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024 is a commendable step by the government. Recognising that the long-term viability of the NDIS is at risk without substantial reforms, Hireup supports the need for NDIS reforms and the urgency surrounding them. These changes are crucial for e nsuring the NDIS continues to provide essential support to people with disability, enabling them to live fulfilling and independent lives. Hireup appreciates the government’s commitment to addressing these issues and looks forward to working collaboratively to implement these vital reforms.

For the members of Hireup’s CAG, individuals with disability, and their families, the implications of these proposed changes are profound. It is imperative that the reform process engages the disability community thoroughly, ensuring clarity and direction to mitigate any confusion or concerns. However, the absence of the government’s response to specific recommendations from both the Disability Royal Commission and the NDIS Review prior to the bill’s introduction has left some uncertainties. These include concerns about the timing and specifics of these reforms, particularly in the context of the ongoing PACE rollout, rasing questions about the future operating ecosystem and the direct implications for those it aims to support.

The disability sector is experiencing significant reform fatigue. After the extensive agendas set by the Disability Royal Commission and the NDIS Review, our CAG members have expressed that the promise of consultation and co-design has sometimes felt more like a token gesture than a genuine practice.

Community Feedback on the Bill

Based on feedback from our community, we identify critical areas in the Bill that require attention to ensure it meets the needs of its stakeholders effectively. We believe taking this feedback into consideration will promote active stakeholder engagement, and safeguard the rights and independence of NDIS participants.

Lack of Clarity and Transparency:

Many members of our CAG find the Bill complex and difficult to comprehend, with key information not being presented in an accessible or digestible manner. This lack of clarity hinders effective understanding and engagement with the proposed changes.

Comments shared by our community included:

The Bill is confusing and needs to be a simple breakdown we are slammed with replying to arl the reports and reviews.’
‘We need to slow down and bring the community on board so ther;e’s clear direction and people a,r,e not confused and worried.’

It is crucial to adopt a more proactive approach in providing clear, detailed information about the Bill. Enhanced communication efforts should include thorough explanations of the Bill’s provisions and their implications, enabling all stakeholders, particularly NDIS participants, to fully understand the potential impacts.

Consultation and Co-design:

While the government has provided many avenues for consultation and co-design, these opportunities have often been communicated to a limited audience. To improve this process and ensure it is more inclusive and effective, we suggest wider communication by distributing vital information through open channels rather than subscription-based ones, so everyone can access and participate in the conversation.

It is also important to ensure easy-read versions contain sufficient detail to provide a thorough understanding of the Bill, enabling all stakeholders to engage meaningfully. Additionally, adopting a more inclusive and transparent approach by utilising open forums, public consultations, and multiple accessible media formats will help ensure that all stakeholders, especially those most impacted, have access to clear and comprehensive information.

By implementing these steps, the consultation and co-design process can become more effective and genuinely inclusive, ensuring all voices are heard and considered.

“Consultation opporl.unities are no.t weJJ communicated - need t·o come from sources other then the department”
~More interactive webinars would .be useful“
“The NDJA has access lo art part.icipanls. It would be good for information to come from the ND/A as well - we don’t wan! to sign up lo m;flibns of different mailing lists”
“When do we· get to live? Were always educaUng everyone around us to be good humans and what we need”

Flexibility in Funding: The Bill rebrands certain existing informal practices, such as flexible budgets, as new reforms. Our Community Advisory Group strongly advocates for the continuation and formal recognition of these flexible funding practices, which have been beneficial in allowing participants to manage and use their funds according to their unique needs without undue bureaucratic constraints. Ensuring that these practices are maintained and properly codified in the legislation is essential for preserving the principle of participant-led decision-making.

•There are a Jot of contradictions - allowing more flexibility but then restricting what you: can spend on“ ~ am concerned about whUe goods being r:emoved. Thinks the way budgets will be assessed is basically the same now ’

Legislative Details and Participant Support: There is a strong call from our community for more explicit clarity around foundational supports, which should be fully established and clearly defined before the legislation is passed. Additionally, there is a need for the legislative texts to be made available in a marked-up format that highlights proposed changes, deletions, and additions. This would greatly aid in understanding the specific legal alterations

and their implications, facilitating a more informed discussion and feedback process. Providing these details is crucial for ensuring that all stakeholders are adequately prepared to meaningfully respond to the changes proposed in the Bill.

               •I think there is a misunderstanding of how things are operating now
        end how it's quite similar to whet they're proposing. Seems like its just
              politically mot;vated and trying to get the· budget on track"

Recommendations for Improvement

Draft Rules Disclosure: We strongly recommend that the draft Rules associated with the Bill be released for public review and feedback as soon as possible. This step is essential for enhancing transparency and ensuring that all stakeholders, including NDIS participants, their families, and service providers, can understand and provide informed feedback on the specifics of the proposed changes. Making these draft Rules available will also facilitate a more open dialogue between the government, regulatory bodies, and the community, helping to refine and optimise the legislation in alignment with the actual needs of those it affects.

Enhanced Communication: Effective communication is crucial in ensuring that all changes and implications of the Bill are well understood. We urge the NDIA to use its resources to provide comprehensive, clear, and detailed information about the Bill’s provisions and the anticipated impacts. Information dissemination should be multi-faceted, employing various formats such as videos, webinars, FAQs, and printed materials that are accessible to people with different disabilities and in different languages, including easy-read versions. This approach not only broadens accessibility but also enables participants to engage with the content in ways that are most effective for them.

Consultation and Co-design: To make the consultation and co-design process more inclusive and effective, we recommend broadening the communication of important information through open channels that do not require subscriptions. This ensures easier access for everyone. Additionally, providing detailed easy-read versions can help all stakeholders understand the discussions better and engage more meaningfully. By incorporating open forums, public consultations, and a variety of accessible media formats, we can ensure that every voice, especially those of the most impacted, is heard and valued. This approach will enhance the inclusivity and efficacy of our legislative processes.

Simplification of Legal Texts: Legal texts, especially bills and legislative documents, can be notoriously complex and difficult to navigate for non-specialists. To address this, we recommend providing simplified versions of the Bill and related legislative documents. These simplified texts should maintain all critical details but present them in a manner that is easier to understand for all stakeholders, including those with intellectual disabilities or those unfamiliar with legal jargon. Such documents should ideally include explanations of terms, summaries of key points, and clear descriptions of the implications for participants’ rights and services. Simplifying the legal texts will demystify the legislative changes and ultimately make the legal process more inclusive.

’It would be good to s-ee a marked up version of the· legislation, i.,e. sections are crossed out and the changes are included~

7o improve accessibility of the bill - plain engHsh version of the b-i/1, current plain english version misses all the detail“

Adopting these recommendations would significantly improve the inclusivity, transparency, and effectiveness of our legislative framework, directly benefiting NDIS participants and the broader Australian disability community.