NDIA Accountability Project

Rectification of errors in client needs assessments for profoundly disabled client

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

Submission 257

Dear Senate Committee,

Re: Unclear review and appeal rights: The Bill lacks a clear way to appeal or replace client needs assessment.

We write with concerns regarding the new NDIS Bill that I request to be considered by the committee.

Primarily we are very concerned that the ability for clients to obtain a review and appeal of plan outcomes under the NDIS Bill is unclear.

The opportunity for clients to obtain a review and appeal of plan outcomes is a critical component of the scheme. It is not feasible that the scheme gets the plan right 100% of the time and incorrect outcomes can have devastating impacts on clients and their families/carer supports.

In our experience, as parents of an NDIS client with profound disabilities, we have previously utilized the appeal pathway to rectify major errors by NDIS administrators. As an example of why this review pathway is needed, we note that NDIS administrators, despite receiving numerous medical and health professional records verifying the client’s disabilities, completely missed the presence of disability for this profoundly disabled client. This was only able to be rectified was via the review process.

We also suggest that the presence of a review process is an essential component of the democratic process of government.

We request that the committee consider amending the current NDIS Bill to ensure that a clear review and appeal process is present.

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

Submission 257

Regards,

Prof Elisa Hill-Yardin and Mr Philippe Yardin

Professor Elisa Hill Head, Gut-Brain Axis Laboratory Building 223, Level 2, Bundoora West Campus 225-245 Clements Drive, Bundoora VIC 3083 Australia

Deputy Director, Healthy Foundations Research Group Professorial Member, RMIT Academic Board (2024-2025)

Honorary Principal Research Fellow, The University of Melbourne. Hill-Yardin Gut-Brain Axis lab: [https://Hill- Yardin-Lab](RMIT STEM College HUB) We work flexibly at RMIT. I am sending this email now because it suits me. I do not expect that you will read, respond or action this outside of your regular hours