Dear Senate Community Affairs Legislation Committee,

I am writing to express my serious concerns about the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024.

As a family that has taken in and cared for children with disabilities through to adulthood under DFFH child protection and the out of home care system, the risks of these individuals not being assessed on their whole of life disabilities/conditions could be life altering.

There is no support now through DFFH in Victoria as all disability supports are meant to sit with NDIS but NDIS do not fund what is required of those who have child protection involvement.

• Support Coordination of 1 hour per week is not
• Case Management
• There is no Social Worker component
• DFFH placements should have at least 52 days of Respite not the lesser amount of group funded STA
• There is no trauma counselling for DFFH placements yet it is evidenced anyone with disabilities displaced from parents/home at a young age need this
• Psychology is never an appropriate response to the disability needs of individuals
• Planners should be trauma informed and be local to understand the complexities of DFFH placements

We have had planning meetings where I have explained that we have 3 participants from a CP Out of Home Care situation and that extra supports/services are required for them to remain not at risk of relinquishment and the planners have no idea what we are even saying or any understanding of our situation. We have saved these young children/adults from a traumatic upbringing that we know happens in residential care yet not once has this ever been acknowledged.

We already have the frustration of never being approved the required supports to meet their disabilities/conditions, imagine them not being recorded as a part of the planning process. At the moment we live our lives continually going through assessment after assessment because we need to review both our adult participants plans every single time over the past few years. We are always having their funding approved at group ratios that have never been evidenced by any assessment/report or qualified therapist or medical practioner, which does not meet their human rights as an individual with disabilities.

The cost we have to plan for out of each plan to ensure there are up to date assessments/reports through more sessions should not be something that is forced to occur at every review which is possibly a few times a year. It is extra stress and trauma on the individual, their families/carers, reduces actually therapy/contact time and is not a cost effective way of utilising NDIS funding and is detrimental to the participant.

Since the inception of NDIS in our area, we as carers are not in a position to be able to return to employment or any real meaningful and regular opportunities because our lives are now only centred on managing the complexities of NDIS in our lives. We believe that the changes will significantly impact our family and our ability to continue to care in the future if there is the possibility that the supports required will no longer be available because the whole of person needs are not being evaluated by NDIS.

We only require the supports that will enable our participants life a happy and well life that they deserve and their lives not put at risk but this will occur if this Bill is passed. The rights of a person with a disability is paramount and should be at the forefront of all decisions and individuals should choice and control of their lives. Forcing individuals to live with others and the ratio of care is going back to the dark ages of institutionalised care and back hidden behind closed doors and not able to access the community due to no funding at the right support ratio.

This is not we would like to see for the people we love

and care about.

I believe this Bill should not be passed and could have a detrimental impact on the lives of people with a disability and undermine the original intent of the NDIS. There is not enough detail for the senate to make an informed decision.

I am particularly worried about the following aspects of the Bill:

1. . The shift from ‘reasonable and necessary supports’ to ‘reasonable and necessary budgets’. I fear this change could lead to arbitrary limits on the supports people can access, rather than focusing on what each individual actually needs to live an ordinary life.

2. The tighter definition of what supports the NDIS will fund. I am concerned this definition is too narrow and could exclude vital supports that people with disability rely on to participate in the community and pursue their goals.

3. The increased powers for the NDIA to require people to undergo assessments or provide information, with the threat of plans being suspended or revoked for non-compliance. This fails to recognise the many barriers people with disability can face in engaging with bureaucratic processes, especially if they are experiencing a crisis or have complex needs.

4. The provisions that allow the NDIA to prevent a person from self-managing their funding if they have made mistakes in the past. This seems to go against the principle of choice and control that is central to the NDIS. As a self manager the savings that are made have been able to benefit not only the participant but the ndis in cost saving. My supports that have been NDIA managed have been more expensive and have had no way to stop payments for services that haven’t been received . NDIA managed and registered doesn’t mean safer and cheaper.

Overall, I am deeply worried that this Bill represents a shift away from the original vision of the NDIS - to give people with disability choice and control over the supports they need to live an ordinary life. It seems it is more focused on cutting costs than on improving

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outcomes for people with a disability. The Bill should be paused to allow for genuine co-design with people with a disability and their families.

I strongly urge the Committee to recommend significant changes to this Bill. At a minimum, there must be thorough consultation with people with disability and our representative organisations to ensure any reforms genuinely meet the needs of the people the NDIS is intended to support.

The NDIS is too important to get wrong. We must take the time to get this right, with people with disability at the centre of the process.

Thank you for considering my submission. I would be happy to provide further information to the Committee if required.

Yours sincerely, Neill Family