SUBMISSION TO THE SENATE ENQUIRY
INTO THE
NATIONAL DISABILITY INSURANCE BILL
2012
For further information please contact:
Geoff Rowe
General Manager Policy, Research, Planning & Strategy
January 2012
WHO IS ENDEAVOUR FOUNDATION
The Endeavour Foundation (Endeavour) is one of the largest non-government providers of services to people with a disability and their families in Australia. We support more than 3,350 people with a disability through a mix of services and businesses, including accommodation, day, education and employment services at some 250 locations across Queensland & New South Wales. Endeavour’s primary client group is people with an intellectual disability.
While we are a not-for-profit, we are also a public company limited by guarantee. Our ‘shareholders’ are our Endeavour Members. These Members not only consist of families of people with a disability but members of the broader community who want to be associated with an organisation that does great work with Australians who need support – a little or a lot – in their everyday lives.
ENDEAVOUR’S RESPONSE
Endeavour has been a strong advocate for a National Disability Insurance Scheme (NDIS), acknowledging that the current disability service system is fragmented, poorly funded and unable to appropriately meet the needs of people with a disability and their families.
Endeavour is appreciative of the opportunity to provide feedback on the National Disability Insurance Scheme Bill.
Endeavour is broadly supportive of the structure of the draft Bill, noting that it
provides significant flexibility given many of the operational functionalities will be covered by rules. Flexibility is seen as most important given the Launch phase of the NDIS will require very different business models to be operationalised.
UNDERPINNING OBJECTS & PRINCIPLES
The objects and principles of the act are consistent with those of the Disability Services Act and are supported. Endeavour believes that people with a disability should be supported to live an ordinary life, consistent with that of other members of the community.
SPECIFIC COMMENTS
There are a number of matters that Endeavour wishes to specifically make comment in regard to the Bill: Section 14 – Funding to persons or entities - Endeavour is pleased to note that this section provides the Agency with a mechanism to block-fund some services. This
form of funding makes sense for services where it would be inefficient or
unworkable to require an individual to purchase the service, or where factors such as location would make it impossible for services to be sustained via a purchaser model.
Section 29 – Cease to be a participant - Clarification is required on the interaction of this Section with relevant provisions in the Aged Care Act 1997. While the draft Bill appears to make provision for people aged under 65 years and currently living in
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residential care or receiving community care to have access to NDIS funded supports, this support is denied if they remain living in residential care beyond the age of 65. Endeavour believes that persons should remain eligible to continue in the NDIS and continue to receive additional disability services post age 65. This appears not to be possible as the Bill indicates that when a person is aged at least 65 years and has entered residential care they will cease to be a participant.
Endeavour’s experience is that people with a disability transitioning to the aged care system (at any age) generally experience a significant reduction in ‘disability’ services and supports, as the aged care system does not have a disability or enabling approach. Effective transitioning generally involves a level of disability support transferring to the aged care system to support the person’s disability needs in that system.
In addition to the above, concern is held that the age limit specified in the NDIS Bill will create inequity among people with disability depending on when they acquire their disability. Reducing this inequity and making services available to people on the basis of their need not their age will require considerable further work on aged care reforms and on the interface between the aged care system and the NDIS.
Section 30 – Revocation of participant status – Endeavour observes that the draft Bill appears to be silent on an revocation of an individual’s status under the scheme for matters other than residence requirements or disability/early intervention requirements.
Section 70 – Registered providers of supports – Endeavour is pleased to see that the draft Bill provides for the Agency to approve a person or entity as a registered provider of supports in relation to “managing the funding for supports” or for “the provision of supports”. Participants should be able to choose their plan management provider as well as their support providers.
While the criteria for registration will be prescribed in the Rules it is imperative that safeguards are put in place that protect vulnerable participants whose disability or circumstances puts them at increased risk of abuse, neglect or exploitation.
It is equally important to ensure that persons engaged with NDIS funds are
appropriately remunerated and provided with a safe working environment.
Government needs to ensure that the NDIS does not inadvertently result in an eroding of safeguards as well as skills and workplace conditions of workers in the disability sector.
Sections 78 – 85 – Nominees – Endeavour supports the use of nominees for people with a decision making disability. The decision to appoint a nominee should not over ride other legal arrangements that are already in place, such as guardianship. The rationale and criteria for appointing a nominee require careful thought and should be spelled out in the rules. If a nominee is appointed because the participant is deemed to lack decision-making capacity, consideration should be given to the use
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of decision-making support and including in the participant’s plan skill development in decision-making.
Section 147 (b) – Advisory Council – Endeavour considers that any Advisory Council for the NDIS should include at least one person who has the skills, experience or knowledge of the provision of services to people with a disability. The current clause (5) (b) (iii) is insufficient to ensure such representation.
Section 208 – Review of the Act – Endeavour supports the proposed review of the Act, however would question the timing of the review. Given the focus of the current Bill is on the NDIS Launch, it would be prudent for the review of the Act to be completed in sufficient time so as to inform the roll-out of the broader scheme at the end of the two year launch period.
OTHER COMMENTS
The draft Bill appears silent on the arrangements for transition of current funding to the NDIA. Persons currently receiving services through state and territory funding arrangements are anxious to ensure that they do not experience a reduction of service as a result of the introduction of the NDIS. Endeavour would support the inclusion of a ‘no disadvantage’ clause to allay the concerns of those individuals.
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