Submission 67
Advocacy for Disability Access and Inclusion Inc.
National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024
Submission of Advocacy for Disability Access and Inclusion Inc. (ADAI)
South Australia May 2024 Authored by Senior Advocate Melissa Ballantyne with Chief Executive Officer Tanya O’Neil
Address: 1/47 Tynte Street North Adelaide, South Australia, SA 5006 Phone: (08) 8340 4450 Country Callers: 1800 856 464 Website: www.advocacyfordisability.org.au e-mail: admin@advocacyfordisability.org.au ABN: 14 743 342 196
Submission 67
Advocacyfor
Disability
Accessand Inclusion lnc.
ABOUT ADAI
Advisors to the then State Government in establishing new and different disability services and the Intellectually Disabled Persons’ Services Act, 1986. At that time funds were provided by both the State and Federal Governments to establish Parent Advocacy. In 2006 Parent changed its name to Family Advocacy Incorporated (FAI) and to Advocacy for Disability Access and Inclusion in 2015.
Today, ADAI is funded by the Department of Social Services primarily through the National Disability Advocacy Program to provide independent advocacy to any person living with disability and or the family that supports them. ADAI has also been funded by DSS to provide advocacy and support to persons participating in the Royal Commission. ADAI has assisted over 170 people to gather information about the Royal Commission, make a submission or assist someone to make a submission. ADAI is also funded to provide advocacy to people making an appeal to a NDIS decision through the NDIS AAT Appeals Program. The South Australian State Government does not currently provide funding for ADAI to provide advocacy.
ADAI welcomes the opportunity to make a submission to the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024.
Submission 67
Advocacyfor Disability Accessand Inclusionlnc.
AD AI RECOMMENDATIONS
RULES AND LEGISLATIVE INSTRUMENTS DEVELOPED IN CONSULTATION
The Bill contains the most significant changes to the NDIS since its inception. Key drivers include a need to keep spending in check and clarification of many aspects of the scheme. It is essential that these changes occur with consultation and side by side with the development of foundational supports. The Bill is essentially framework legislation and there will be subsequent rules and legislative instruments, the content of which is unknown at this point and may have little parliamentary scrutiny. ADAI recommends the subsequent rules and legislative instruments are developed in consultation with disability advocacy organisations and people with disabilities.
PARTICIPANT RIGHT TO REVIEW AND CHALLENGE NEEDS ASSESSMENT
It is important that the legislation properly balances the rights of participants with the need to provide more clarity around the working of the scheme. One of the major changes is the proposal that once in the scheme, participants will get a plan based on a needs assessment. As currently drafted the Bill does not include a right for participants to review their needs assessment and challenge an inappropriate needs assessment. ADAI recommends the participant has a right to review and challenge a needs assessment if required.
INCORPORATE ALL PARTS OF UNITED NATIONS CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES
The Bill seeks to provide clarity about what supports can and can’t be funded by the NDIS to help participants make informed choices and have confidence that they are using their NDIS funds within what is allowed. Clause 10 of the Bill links the definition of ‘NDIS supports’ to the rights of people with disability under the UN Convention on the Rights of Persons with Disabilities. Parts of the UN Convention are incorporated into NDIS laws but not all and this should be reviewed. ADAI recommends that all parts of the UN Convention are incorporated into the Bill.
DETERMINE RULES FOR ‘NDIS SUPPORTS’ IN GREATER DETAIL
The Bill proposes a change to fund any type of support if it met ‘reasonable and necessary’\n criteria, to defining in detail what supports will be funded. This may reduce choice and\n control for people with disability. For example, whitegoods are one of the exclusions listed\n to clarify guidance on what supports people with disability can access through the NDIS.\n However, this could increase costs and reduce independence for participants. A participant\n may have difficulty with lifting heavy items and a combination washer-dryer appliance could\n mean they are able to independently do their laundry. Alternatively, a support worker could\n do this work. Having such an appliance allows a person to independently achieve household\n tasks their disability could prevent or make more difficult or dangerous. It is also likely to be\n more cost-effective over the long term. Short term savings by not buying such a whitegood\n could lead to greater costs in the long term. ADAI recommends a review of the list of what is\n not a disability support need and more detail in the Bill as to the process which will be used\n to amend the list of what is not a support.
RESTRICTIONS ON NDIA INFORMATION-GATHERING POWERS AND INCREASE IN\nADVOCACY FUNDING TO MINIMISE NEGATIVE CONSEQUENCES\n
Participants’ rights need to be protected from overreach in relation to the Bill’s provisions\n concerning information-gathering for eligibility reassessment, plan management and\n compliance. For example, the Bill will enable the CEO to have the ability to request and\n receive information on whether participants meet the access criteria, including residence\n requirements, disability requirements or early intervention requirements. This will not result\n in people having to reprove their disability but will allow the CEO to determine if a participant\n is receiving the most appropriate support. The process will take into account difficulties of\n participants in accessing information, but participants or their nominee will need to\n communicate with the agency in a way that works best for the person on the scheme. Many\n people with disability find it difficult to gather information and communicate with the agency.\n The Bill gives the NDIA powers to impose punitive consequences and ADAI recommends\n greater restrictions on imposing these negative consequences. ADAI recommends adequate\n funding is available for independent disability advocacy to assist participants with\n information-gathering and minimise negative consequences for the participant.