NDIA Accountability Project

Concerns regarding assessment processes and punitive measures for disabled individuals

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

Submission 117

Hello,

Here are some issues I have with the NDIS Amendment Bill. Please consider having them rectified.

  • Co-design is not required: The Bill now requires the Minister to consider co- design principles, but it doesn’t make this a legal requirement. It would be an improvement to ensure this is a legal requirement so that co-design definitely gets done.
  • Does not take a Whole of Person Approach: The Bill may not fully account for people with multiple and interrelated disabilities, which could lead to inadequate support. This obviously needs to be changed as quite a few people have multiple disabilities, and would not be satisfied receiving less support than NEEDED.
  • Unclear review and appeal rights: The Bill lacks a clear way to appeal or replace a needs assessment. This part of the Bill needs to be clearer, so that review and appeal rights can be acted upon without clarification delays.
  • Broad powers to require assessments: The Bill provides the.NDIA with broad powers to require medical assessments, which could be difficult to obtain. Life is already more difficult for people with disabilities. Provisions should be made not to make difficult requests, such as providing multiple options or by providing assistence in getting assessments.
  • Limits on Support and Spending: The Bill gives the NDIA a lot of power to control how participants use their funding, reducing participant choice and control. It’s very important for participants to have more control and choice because being disabled, the choices and control are already greatly diminished compared to an able-bodied person. Less choices and control makes things more difficult, especially for someone with a disability.
  • Punitive measures: The Bill gives the NDIA new powers to change how participants’ plans are managed and raise debts if they decide funding has been misused. The punitive measures need to be removed because having disabilities is already punitive enough. There are so many more things to consider when having a disability or two, compared to an abled-bodied person. Yes, disabled people may make more mistakes, but punitive measures and raising debts is difficult for an able-bodies person, but devastating to a disabled individual.