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

Submission 71

Dear Senate Committee,

I sincerely appreciate your ongoing support for people with disabilities. I’m writing as a mental health occupational therapist and family member of a person with a disability.

I’m writing to express concern around particular proposed changes to the NDIS Act (2013), contained in the National Disability Insurance Scheme Amendment (Participant Service Guarantee and Other Measures) Bill 2021.

While some aspects of the Bill are positive and demonstrate ongoing commitment to providing individualised, reasonable and necessary support to people with a disability based on their needs through the NDIS, the following proposed changes are alarming, and will potentially lead to negative experiences and outcomes for people with disabilities.

1. Schedule 1: Item 22

The newly inserted Section 47A which empowers the CEO to vary a participant’s plan (excluding the participant’s statements of goals and aspirations), without requiring a plan reassessment to be undertaken, or a new plan to be created.

Varying of participants’ plans, when this has been requested by the participant, in response to disability support needs, can frequently be merited. However, it is concerning that the CEO may vary a participant plan without requiring a plan re-assessment; and without request, consultation, or consent from the participant.

2. Schedule 1: Item 59

Provides (by amending s 209(8)) that all new rule-making provisions in Schedule 1 in relation to the Guarantee, which will be inserted by this Bill will be Category C rules. Category C rules require the agreement of the Commonwealth and a majority of the states and territories.

NDIS (Participant Service Guarantee) Rules 2021 should have a higher status than Category C rules, and require unanimous agreement from jurisdictions to any changes to these rules i.e., Category A. Changes to these rules are fundamental to the NDIS, and to participant experience and outcome – these changes merit a requirement of absolute agreement across all jurisdictions, including all states and territories. Without this agreement, the NDIS is at risk of being politicised and cannot guarantee the certainty and consistency of support needed by those with lifelong disability.

3.

While changes to the NDIS Act (2013) better reflecting the fluctuating and episodic nature of psychosocial disability, are to be commended, I am concerned regarding the ambiguity of terminology used in the Proposed changes to NDIS Rules – Becoming a Participant Rules (Part 2 (8)). The ambiguity of terms such as ‘appropriate treatment’ and ‘substantial improvement’ will potentially disadvantage people with psychosocial disability and people who experience other forms of fluctuating or episodic disability – by creating a barrier to accessing the NDIS due to unclear treatment requirements and lack of definition around ‘substantial improvement’. This cohort of participants already face significant disadvantage, difficulty self-advocating, and difficulty accessing the services they need.

In summary, please use your voice to halt these currently proposed changes to the legislation until it has been re-drafted to better meet the needs of people with disability, and the future NDIS.

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

Submission 71

Thank you for listening,

With respect,

Muriel Cummins Occupational Therapist