NDIA Accountability Project

Reinforcing legal definitions to prevent exclusion of individuals with disabilities

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

Submission 113

Subject:

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

I am writing to provide my views on the proposed changes within the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024. Having reviewed the bill and its associated documents, I would like to address the following points:

  • Holistic Approach to Disability: The Mulligan Federal Court case emphasised the importance of considering the whole person when assessing disability. The proposed amendments should ensure that the NDIS adopts a holistic approach, recognizing the diverse and interconnected needs of participants.
  • Definition of Disability by Law: Clear and consistent definitions of disability, aligned with legal standards, are crucial. The bill should reinforce a legal definition that encompasses the full spectrum of disabilities to prevent any misinterpretation or exclusion of individuals.
  • Transparency in NDIS Processes: Incorporating greater transparency into the NDIS processes is essential for building trust and accountability. The bill should mandate clear communication and documentation at all stages of decision-making, ensuring participants understand the basis for decisions affecting their plans and supports.
  • Accountability of the NDIA: It is vital to hold the NDIA accountable for negligent decisions that cause harm or risk to NDIS participants. The bill should include mechanisms for recourse and compensation for participants adversely affected by such decisions, reinforcing the NDIA’s duty of care.

Thank you for considering my submission. I look forward to seeing a robust discussion and careful consideration of the proposed amendments to ensure the best outcomes for all NDIS participants.

Yours sincerely,