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

Submission 73

Date: 8th November 2021

To the Senate Committee,

I’m writing as an occupational therapist working across physical disability and mental health, and as a person with a disability (and grateful NDIS participant).

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 participant’s plan 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. I would be horrified to find that the CEO/his delegates had modified my plan and goals without consultation with me, the person that is living with the disability!!

2. Schedule 1: Item 59.

The provision amending s 209(8) provides 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

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

Submission 73

significant disadvantage, difficulty self-advocating, and difficulty accessing the services they need. This terminology must be addressed with a measurable definition that is widely accepted and understood; if not, there will be a push to have people with psychosocial disability treated with inappropriate and unfounded methods so that a box can be ticked on a form at the NDIA. This absolutely cannot happen.

In my opinion the changes need to be re-drafted to better meet the needs of people with disability, and the future NDIS.

Thank you for listening,

With respect,

Occupational Therapist