Submission to Senate Committee Inquiry on National Disability Insurance Scheme Bill 2012
Date: 22 January 2013
Recipient: Dear Senator Moore and Committee members
Reference Information:
- Senate Standing Committees on Community Affairs
- PO Box 6100 . Parliament House Pee commen CANBERRA ACT 2600 Commissioner
- PO Box 199 Rundle Mall Adelaide 5000
The submission by the Health and Community Services Complaints Commissioner (HCSCC) of South Australia relies heavily on the submission from the Victorian Disability Service Commissioner and acknowledges that agency’s efforts in developing the format which has been useful in determining the salient topics and in saving time.
Three matters that HCSCC raises in addition to the attached submission are:
1. s69–73 Registered providers of support
$72 doesn’t appear to allow CEO to revoke an instrument approving registered providers of support if they do not comply with prescribed safeguards and/or prescribed quality assurance standards and procedures as outlines in s73.
2. Also the Bill in my view needs similar provisions about “harm” by providers of support as those contained in s91 “Suspension etc. of appointment of nominees in cases of severed physical, mental or financial harm”.
3. Tracking people and agencies that may be a risk to people living with disability is an important consideration in the development of NDSI and provision in the Bill. This will ensure intra and interstate intelligence is gathered and is accessible as part of approving registered providers and safety checks for workers either employed by a provider or directly by a person with disability.
HCSCC will be pleased to assist the Committee in any of its deliberations.
Yours sincerely, Steve Tully Health and Community Services Complaints Commissioner
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PART 6 - REVIEWABLE DECISIONS AND COMPLAINT PROCESSES UNDER THE NDIA ACT
Reviewable Decisions Under the NDIS (NDIS) Act
The rules have been developed with a focus on ensuring access under the NDIS Act is provided in accordance with principles of independence, equity, transparency, accountability, and proportionality.
Reviewable decisions include:
e. Decisions made about plans;
e. Decisions relating to eligibility or exclusion from accessing support through an individualised plan;
e. Decisions regarding changes to existing plans;
e. Decisions that affect people’s rights as defined within this part of the act;
e. Any other decision which may impact upon participant’s capacity to make choices related their own life planning process including but not limited those involving financial matters such insurance coverage etc., where there exists potential risk associated therewith.
These types of reviewable decisions must be managed independently so they can properly reflect participants’ needs while also taking into account any relevant factors identified during assessment stages prior making final determination(s). This includes considering whether alternative approaches might better serve particular situations depending contextually specific circumstances encountered at time when initial proposal was being considered by responsible parties involved therein.
In managing these kinds reviews it becomes essential ensure all stakeholders understand what constitutes reasonable expectations concerning outcomes expected following implementation phase whichever route chosen ultimately leading towards resolution satisfactory both sides concerned particularly whenever disputes arise over interpretation application provisions contained herein especially around issues like ‘unreasonable restrictions’, ‘independent management’, ‘risk mitigation strategies’, amongst others commonly found throughout various sections detailing how services should ideally function according to prescribed standards established under current legislation framework governing disability supports provision across Australia today.
It is important note here however despite best efforts sometimes unavoidable conflicts occur necessitating formal complaint procedures outlined elsewhere in document relating specifically complaints handling mechanisms available through official channels designated purposefully designed facilitate timely effective resolutions without compromising integrity core values upheld consistently since inception program itself.
When dealing with cases requiring investigation further clarification regarding nature extent problem areas needing attention immediately addressed appropriately before proceeding forward implementing proposed solutions aimed restoring balance fairness among affected individuals groups communities impacted directly indirectly due actions taken previously either intentionally unintentionally regardless intent behind them initially perceived beneficial intentions may have unintended consequences later down line potentially causing more harm than good if not handled carefully thoughtfully proactively rather passively reactive manner alone.
Therefore, every effort must be made ensuring proper documentation maintained accurately reflecting entire journey undertaken from beginning end including correspondence exchanged between relevant parties involved during course proceedings so that future reference can easily accessed reviewed when necessary for transparency purposes or audit requirements arising subsequently thereafter.
Finally it bears mentioning again although majority situations dealt within scope defined above generally manageable fairly straightforward fashion occasionally complex scenarios emerge demanding specialized expertise knowledge particular field concerned thus highlighting importance having adequate resources readily accessible whenever needed most efficiently possible way feasible given constraints imposed by operational realities faced daily throughout organization’s functioning overall.
Part 3: the 44 3, Division for Chapter 2, Managing funding supports- section
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