Submission to the Community Affairs Legislation Committee
Inquiry into National Disability Insurance Scheme Amendments (Getting the NDIS Back on Track No1) Bill 2024
Date: 8th July 2024
Assistive Technology Suppliers Australia Suite 302, Level 3 Lawson Place 165-167 Phillip St Sydney 2000
Phone: 02 8006 7357 Website: www.atsa.org.au
Contents
Who is the Assistive Technology Suppliers Australia? ……………………………………………………………………. 3
Comments………………………………………………………………………………………………………………………………….. 5
Conclusion………………………………………………………………………………………………………………………………….. 6
References …………………………………………………………………………………………………………………………………. 6
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Who is the Assistive Technology Suppliers Australia?
ATSA is a national organisation representing assistive technology suppliers, including manufacturers, importers, distributors, retailers, tradespeople and technicians.
Our 170 members comprise businesses and not-for-profit organisations and range from small family-owned concerns to multinational organisations throughout Australia. It is estimated that, excluding AT for communication and sensory disabilities, approximately 80% of the AT in Australia passes through the hands of ATSA members.
ATSA is a registered not-for-profit charity with the Australian Charities and Not for Profits Commission (ACNC) and requires its members to adhere to a comprehensive Code of Practice on the provision, sales and servicing of AT. We are also a member of the Australian Ethical Health Alliance.
The objects of ATSA are - funding and promoting: i) research into Assistive Technology; ii) the education of the public as to the availability of Assistive Technology to meet the needs of persons with a disability; iii) “Best practice” in the way Assistive Technology is supplied; and iv) community accessible Assistive Technology events;
- giving the Assistive Technology users and suppliers a voice that:
i) provides positive influence on Government policy;
ii) educates Governments and other stakeholders about Assistive Technology;
iii) promotes a robust competitive and commercially viable marketplace with the aim that Assistive Technology is available to users at a reasonable cost;
iv) advocates to achieve excellence, quality, value and positive outcomes for suppliers, Assistive Technology users, stakeholders and the broader community;
v) works with governments at all levels to ensure the viability of the Assistive Technology industry for the sake of those who use Assistive Technology; and
vi) delivers quality and value in Assistive Technology solutions for people with a disability and their carers;
- improving the quality of Assistive Technology provision by:
i) supporting the ongoing training and education of health care professionals;
ii) promoting ethical business practices that safeguard the interests of users of Assistive Technology;
iii) participating in the development of appropriate and cost-effective product standards; and
iv) maintaining and enhancing services standards, quality and reputation of the Members for the collective mutual benefit and interests of the Members and the public;
- developing alliances with all industry stakeholders to:
i) drive continued improvement in outcomes for Assistive Technology users;
ii) minimise the total lifetime costs of Assistive Technology on society and Assistive Technology users;
iii) ensure an open, fair and competitive market; and
iv) promote the services, activities and events of the Company; and
taking such other actions or activities that are necessary, incidental or conducive to advance this Object.
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Recommendations
Recommendation 1
Without clarification on the intent of Section 32H and how far this proposed control will extend in the Rules, ATSA recommends the amendments to Section 32H should not be supported by the Senate Committee.
Recommendation 2
A definition of ‘framework plan’ should be included in the Bill.
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Comments
1. Definition of NDIS Support
With regard to the re-wording for Section 10 in the 3rd Reading of A Bill for an Act to Amend the National Disability Insurance Scheme Act 2013, and for related purposes1, ATSA supports the proposal that the definition of NDIS support be transferred to the Rules and be aligned to the Convention on the Rights of Persons with Disabilities, any other agreement with one or more countries and/or supports that enable the provision of sickness benefits.
2. Assessment Tools
ATSA agrees with the proposal by the Minister for Disability Services to include the provision of a statement expanding on the co-design process and outcomes from that process – this is especially important in regard to Rules around the assessment and replacement assessment processes.
ATSA also supports the following proposed changes advised in the Supplementary Memorandum:
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The new subsections 30(6A), 30(7A) and 36(3A) which provide guidance for the CEO in considering whether it is reasonable for a person not to have complied with a request for information made under section 30 within the timeframe prescribed in the request (Supplementary Memorandum).
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The inclusion of subsection 30A(5AA) which requires that a request for information by the CEO given under section 30A of the Act must be given in writing or in a format of their choice.
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The proposal for the CEO to provide the participant with a copy of their assessment report as soon as possible.
3. Obtaining supports
ATSA shares the concerns raised by others about the potential controlling nature of the NDIS over the selection of a participants’ supports through the additional wording to Section 32, specifically the following requirements under 32H:
32H Reasonable and necessary budget—requirements relating to acquisition or provision of supports
(1) A participant’s reasonable and necessary budget may provide that flexible funding, or funding for stated supports, will be provided under the plan for particular supports specified in the plan only if specified requirements are complied with in relation to the acquisition or provision of the supports.
(2) Requirements specified under subsection (1) may include the following:
(a) a requirement that the supports be provided by a specified person or persons in a specified class;
(b) a requirement that a specified process be undertaken before the supports are acquired or provided;
(c) a requirement that specified conditions be satisfied in relation to the participant before the supports are acquired or provided;
(d) a requirement to comply with any requirements specified in the National
Disability Insurance Scheme rules for the purposes of this paragraph.
Note: National Disability Insurance Scheme rules may be made in relation to this section under section 32J.
Of particular concern in 32H (2)(a) is the lack of transparency about the intent behind this wording and the reason for limiting a participant’s choice and control over the acquisition of their supports. Clarification is required by the government on
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the extent of the control
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when 32H (2)(a) will be applied
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who will have the authority to remove choice and control from the participant regarding how they obtain supports by specifying the provider?
Developing Rules will be difficult if the intent is not transparent.
Recommendation: Without clarification on the intent of Section 32H and how far this proposed control will extend in the Rules, ATSA recommends the amendments to Section 32H should not be supported by the Senate Committee.
- Framework Plan
In our previous submission we noted the term “framework plan” has been introduced in this draft Bill and was mentioned at least 69 times in the First reading but is not defined.
Recommendation: A definition of ‘framework plan’ should be included in the draft Bill.
Conclusion
While the changes to the draft Bill between the 1st and 3rd readings have addressed many concerns, there is still a significant issue regarding the level of control participants will have when acquiring their supports. Limiting this would be a retrograde step.
References
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ParlInfo - National Disability Insurance Scheme Bill 2013 (aph.gov.au)
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