NDIA Accountability Project

Concerns Regarding Support Needs and Business Operations Under Proposed NDIS Amendment

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Submission to the Senate Committee: Concerns Regarding the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024

Introduction

As a person with high physical support needs and a business owner whose ability to contribute to society is made possible by the National Disability Insurance Scheme (NDIS), I am deeply concerned about several aspects of the proposed NDIS Amendment Bill 2024. While the Bill aims to improve the Scheme’s sustainability and efficiency, certain provisions could negatively impact the lives of NDIS participants, especially those with complex and interrelated disabilities.

Key Concerns

Co-Design Not Mandated:

The Bill currently only requires the Minister to consider co-design principles rather than mandating their implementation. True co-design involves actively engaging people with disabilities in decision-making processes to ensure that policies and services meet their needs. Without a legal requirement for co-design, there is a risk that the voices of those most affected by the NDIS will not be adequately represented.

Lack of a Whole-of-Person Approach:

The Bill may fail to fully account for individuals with multiple and interrelated disabilities. A holistic approach is essential to address the complex needs of such participants effectively. Without this, there is a risk that support plans may be fragmented and insufficient, leading to gaps in care and support

Unclear Review and Appeal Rights:

The Bill does not provide a clear mechanism for participants to appeal or replace their needs assessments. Transparent and accessible review and appeal processes are crucial for ensuring that participants can challenge decisions that do not accurately reflect their needs. The current ambiguity could leave participants without adequate recourse.

Broad Powers to Require Assessments:

The NDIA is given broad powers to require medical assessments under the Bill. For participants with high physical support needs, obtaining these assessments can be challenging due to mobility issues and the availability of specialists. This provision could lead to undue hardship and delays in receiving necessary support

Limits on Support and Spending:

The Bill grants the NDIA significant control over how participants use their funding. This could undermine participant choice and control, which are foundational principles of the NDIS. Flexibility in funding is essential for participants to tailor their support to their

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individual needs and circumstances.

6. Punitive Measures:

New powers granted to the NDIA include the ability to change how participants’ plans are managed and to raise debts if they determine that funding has been misused. These punitive measures could create an environment of fear and mistrust, discouraging participants from fully utilizing their plans to meet their needs

Personal Impact

As a business owner, the NDIS has been instrumental in providing the support I need to run my business and contribute to the economy. The proposed changes could significantly impact my ability to manage my support effectively. Restrictions on spending and the potential for punitive measures add a layer of uncertainty and anxiety, which could affect my business operations and overall well-being.

Recommendations

  • Mandate Co-Design: The Bill should include a legal requirement for co-design with people with disabilities to ensure that their perspectives and experiences shape the NDIS.

  • Adopt a Whole-of-Person Approach: Ensure that the Bill accounts for the holistic needs of individuals with multiple and interrelated disabilities to provide comprehensive and adequate support.

  • Clarify Review and Appeal Rights: establish clear and accessible mechanisms for participants to review and appeal needs assessments and other critical decisions.

  • Limit Broad Powers for Assessments: restrict the NDIA’s powers to require medical assessments, ensuring that participants are not subjected to undue hardship.

  • Preserve Participant Choice and Control: maintain flexibility in funding to allow participants to manage their support in a way that best meets their needs.

  • Avoid Punitive Measures: sure that the Bill does not introduce punitive measures that could create fear and inhibit participants from fully utilising their support plans.

Conclusion

The NDIS is a lifeline for people with disabilities, enabling them to live independently and participate fully in society. While the goal of making the Scheme sustainable is important, it is crucial that the proposed amendments do not compromise the quality and accessibility

of support for participants. I urge the Senate Committee to consider these concerns and recommendations to ensure that the NDIS continues to serve the needs of all Australians with disabilities.

Thank you for considering my submission.

Sincerely, Frances Kupke-Smith /Managing Director: Support Coordinator and Psychosocial Recovery Coach

Web: https://peoplecraft.com.au

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