National Disability Insurance Scheme Amendment (Participant Service Guarantee and Other Measures) Bill 2021

Submission 43

National Disability Insurance Scheme Amendment

(Participant Service Guarantee and Other Measures) Bill

2021

Deaf Services and the Deaf Society November 2021

National Disability Insurance Scheme Amendment (Participant Service Guarantee and Other Measures) Bill 2021

Submission 43

ABOUT US

The Deaf Society and Deaf Services Limited (TDS & DSL) are specialist service providers for Deaf, Deafblind, and hard of hearing Australians. We merged into one organisation in October 2020 and work with the deaf community to see deaf people “empowered, connected, and achieving”.

We thank the Senate Committee for the opportunity to participate in this inquiry, though we remain largely concerned by the lack of corresponding Rules with the proposed Bill, and the CEO’s broad power to vary plans.

REASONS FOR DECISIONS

Under s 100(1), we welcome the change requiring reasons for reviewable decisions to be provided. However, as mentioned in our previous submission, this information, and all correspondence for that matter, must be provided to Deaf participants in Auslan.

e Recommendation 1 Further amend s 100(1B) and (1C) to provide reasons automatically to Participants in their primary language and insert a Service Standard in the Participant Service Guarantee Rules to require all reasons be provided to Participants in their primary language.

PLAN VARIATIONS

As mentioned in our previous submission, it is our belief that the Rules go beyond the Tune recommendation where the CEO can vary plans on their own initiative without request, consultation, or consent from the participant. Whilst s 47A(1) of the Bill has provided some clarification by adding some new limits to the CEO’s power to vary a plan, and a requirement for the variation to be prepared with the participant, this does not restrict the CEO’s power nor does the participant need to consent to any plan variation. The CEO still retains broad power to vary plans, which is not in line with the Tune recommendation.

e Recommendation 2 Section 47A(1) should be further amended to restrict power of the CEO to vary plans on their own initiative, and not in delegated legislation.

RULES

As no new rules have been published with the proposed Bill, our previous submission comments regarding the Participant Service Guarantee and Plan Administration Rules remain.