NDIA Accountability Project

Concerns about CEO power to vary NDIS plans and AAT appeal imbalances

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SUBMISSION NDIS AMENDMENT 2021

Contents

  • 1.) INTRODUCTION
  • 2.) ABOUT THIS SUBMISSION
  • 3.) SUMMARY

1.) INTRODUCTION:

I am a legally trained Advocate and Registered Nurse qualified in Mental Health.

Currently I am working with a leading Barrister in a high profile NDIS appeal before the Administrative Appeals Tribunal. The matter has also been before the Federal Court.

2.) ABOUT THIS SUBMISSION

This submission addresses the concerns about the proposed sections 47A and s 48 alloing participant plans to be varied by the CEO by his own initiative. Also, the missed opportunity of not dealing with the unfair balance of power in AAT appeals and the fact that NDIA lawyers do not follow Model Litigant Obligations.

(a) s47A and s48

The proposed s47A in the draft bill allowed plans to be varied on the CEO’s own initiative, without request, consultation, or consent from the participant. It is deeply disturbing that this total absence of natural justice for the participant was even being considered. This left it open for variations like changes to funding amounts or restrictions on how funding could be used.

There have been some minor changes in the bill introduced to the house 28/10/21. However, these do not allay the concern that funding could be changed or removed without the participant’s consent. The bill now states that each variation must be prepared with the participant. However this does not mean consent has been obtained. The requirements of the CEO states that there must be regard to a number of matters. This is not binding, rather it could entail a brief consideration and no implementation of the

1 47A ( c ).

2 47A (3) (a), (b),(e) and (f). !1

Summary

(a) s47A and s 48 even with the changes are totally unfair to the participant and represents an abuse of power. It totally fails the reasonable person test and must be rejected. (b) The current power imbalance in AAT appeals needs to be addressed as a matter of urgency. This should be included in the proposed changes to the legislation.

Yours sincerely

Karen Kline RN (Comp.), Advanced Diploma of Health Science, LLB, Graduate Diploma of Legal Practice.

26 October 2021

3 s48 (1). !2

!3