NDIA Accountability Project

submission regarding NDIS Quality and Safeguards legislation

‹ PrevPage 1 of 2 · Source p. 1Next ›

National Disability Insurance Scheme Amendment (Quality and Safeguards Commission and Other Measures) Bill 2017

Submission 24

From: Fiona May To: Community Affairs, Committee (SEN) Cc: Subject: submission regarding NDIS Quality and Safegards legislation Date: Thursday, 27 July 2017 6:44:14 PM

Good afternoon

I would like to make a submission regarding this inquiry but realise that the closing date is tomorrow. For expediency therefore, I hope that you can excuse the informality and brevity of this email and accept the following as the key recommendations which we would like to make to the Committee:

  • The quality and safeguards framework is proposed to apply to disability service providers in the market. But not to the actions of the NDIA and I am currently not clear whether the community partners delivering LAC and ECIC services are or are not covered by the framework. This appears to be overly complex for people with disability. ADACAS recommends that the quality and safeguards framework, and the commission’s role be expanded to include the NDIA itself and the community partners. A single place to go for all concerns regarding quality will be best for participants and their families, will ensure consistency of expectation and approach and streamline information and education about quality issues.

  • Advocacy is recognised as a key safeguard for NDIS participants. ADACAS has been in contact with DANA and understands that DANA and AFDO are putting in a submission which explores in more detail the role that advocacy plays and the way in which the legislation should recognise advocacy and the role that the Commission could play in funding for advocacy around NDIS safeguarding issues. ADACAS supports the recommendations of that submission.

  • ADACAS and DANA had discussion with Department of Social Services raising concern that the roles of the Commission including both oversight of the market and regulation of the market introduce conflicts of interest which may not lead to the best outcomes for participants. ADACAS continues to hold this concern.

  • The legislation should ensure that the Commissioner is enabled to act in a fully independent manner and not be constrained by political factors which may influence the investigations it undertakes.

  • The legislation does not contain a requirement that public consultation must be undertaken on draft rules and changes to rules which will provide the detail of the approach of the Commission. This must be changed to ensure transparency and that people with disability have a voice in the way in which quality and safeguards should be delivered.

  • The legislation would be improved by including clauses which mirror those in the Aged Care Act which grant right of entry for advocates to aged services’ premises. An equivalent right of entry for funded disability advocates would be an additional valuable safeguard for people with disability who live primarily within a service system.

  • ADACAS welcomes the functions of the Commission which enable it to undertake ‘own motion’ investigations relevant to quality and safeguarding and provide independent reports to the Agency and Government on these issues. ADACAS hopes that the Commission will work collaboratively with advocacy services in undertaking

National Disability Insurance Scheme Amendment (Quality and Safeguards Commission and Other Measures) Bill 2017

Submission 24

this work.

If it would be helpful to the Committee for me to provide further information regarding any of the recommendations above, please don’t hesitate to contact me.

Yours sincerely Fiona May

Fiona May Chief Executive Officer ADACAS PH: 02 6242 5060 FAX: 02 6242 5063

www.adacas.org.au www.support-my-decision.org.au Suite 104 Block C Canberra Technology Park Phillip Ave Watson PO Box 144 Dickson ACT 2602

This email, and any attachments, may be confidential and also privileged. If you are not the intended recipient, please notify the sender and delete all copies of this transmission along with any attachments immediately. You should not copy or use it for any purpose, nor disclose its contents to any other person.