NDIA Accountability Project

Response to amendments regarding National Disability Insurance Scheme

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

Submission 60

QUEENSLANDERS WITH DISABILITY NETWORK

Committee Secretary NOTHINGABOUTUSWITHOUTUS Senate Standing Committees on Community Affairs PO Box 6100 Parliament House Canberra ACT 2600 community.affairs.sen@aph.gov.au

8 July 2024

Dear Committee Secretary,

Queenslanders with Disability Network (QDN) is pleased to provide this response to the amendments made to the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No 1) Bill (the Bill). QDN is an organisation of, for, and with people with disability. The organisation’s motto is “nothing about us without us”. QDN operates a state-wide network of over 2,000 members and supporters who provide information, feedback and views from a consumer perspective to inform systemic disability policy and disability advocacy.

QDN made a submission (Submission 44) to the Bill on 17 May 2024 and as QDN’s CEO I appeared as a witness at the Senate Public Hearing on 21 May 2024. QDN acknowledges the need for NDIS reform and subsequent legislative changes to support this. Engagement and consultation with people with disability, their families and carers along with the disability sector is key to getting good policy and legislative frameworks.

Of the amendments made by the House of Representatives on 5 June 2024, QDN commends:

  • Amendment to section 10 whereby NDIS supports will be defined by the NDIS Rules
  • The removal of APTOS as a transitional measure
  • The right for participants to view and comment on a Needs Assessment report before it is finalised
  • Clarity around review of funding decisions
  • Protections for participants seeking a plan variation where they need more funding under certain listed circumstances
  • Further clarity and protection against harsh consequences of failure to comply with information requests such as revoking a participant’s status or plan suspension.

However, the amendments made are not enough and whilst QDN acknowledges the Government’s statement of commitment to co-design the Rules and amendment 4(9a)

Ground Floor, 338 Turbot Street, Spring Hill Qld 4000 phone: 07 3252 8566 local call from landline: 1300 363 783 e-mail: qdn@qdn.org.au web: qdn.org.au

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

Submission 60

requiring the Minister to have regard to the principle of co-design, this does not legally require the Minister to co-design legislative instruments.

QDN urges the Committee and Senators to consider as a minimum:

  • Co-design and consultation for legislative instruments including Rules and determinations committed to in the Bill as a requirement
  • Foundational Supports rules and definitions to be established and agreed to with States and Territories prior to commencement of the Bill to avoid gaps where Foundational Supports are not yet in place
  • Needs Assessments to achieve a ‘whole-of-person’ approach by implementing distinctions in how people with multiple and interrelated disability access the support they need
  • A participant’s right to a replacement assessment be legislated in the Bill rather than included in the Rules.

Additionally, QDN identifies the importance of the Bill to uphold people’s rights for appeal and deliver clear pathways to appeal, including any decisions made to change how participants’ plans are managed. Since implementation of the scheme, the costs, accessibility and availability of being able to access medical assessments has been a difficulty for people with disability and barrier and it is important that any powers that NOIA has to require medical assessments is accompanied by a way of minimising the prohibitive costs, pathways to access timely specialist services and does not impact negatively on people with disability and their family.

It is important that people with disability can choose how they manage their plans and that this is not delivered as a punitive measure upon people with disability and where decisions are made that participants don’t agree to.

QDN thanks the Committee for this inquiry and the opportunity to provide additional input and feedback from the perspective of Queenslanders with disability and looks forward to further opportunities to engage with the Commonwealth Government on the Bill.

Yours sincerely,

Michelle Moss Chief Executive Officer Queenslanders with Disability Network