To the Senate Standing Committees on Community Affairs.
National Disability Insurance Scheme Legislation. From
Draft legislation. Bill 2012 No .2012 Leslie Cope
Proposed NDIS Legislation Suggested Changes
- Individual Planning
- Advocacy
- Individual Planning Part 2 - Objects and Principles 4 General principles guiding actions under this act Change point (4) by adding ‘individual planning’ to:
(4) People with disability should be supported to exercise choice and control in the pursuit of their goals through individual planning and delivery of their supports.
- Advocacy Part 4 Definitions: Add definition of an advocate:
Advocate: means a person who:
a. Has been chosen by an individual b. Provides assistance to an individual with a disability throughout t he NDIS process
c. Is trained and provided by a disability advocacy group d. May attend meetings with the individual on any aspect of the NDIS process e. Works collaboratively in partnership with the individual and others through the NDIS process.
Chapter 2. Assistance for people with disabilities and others. Section 15
- Agency may provide information about the following. Add a point c
c. Should they wish individuals may be assisted by an advocate of their own choice.
Section 28 Add at end of paragraph in point 2 In italics underlined
- The CEO must give written notice of the decision to be a participant stating the date on which the person becomes a participant and advise that the individual may be assisted by an advocate of his/her choice
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Part 4 Children
Section 74 Add additional point c in (1)
c. Should they wish persons who have parental responsibility for the child may be assisted by an advocate of their own choice.
Part 5 - Nominees Add in to the nominees section
The participant is also entitled to have an advocate of their own choice to work with an appointed nominee.
Rationale for suggested changes
The draft legislation for the National Disability Insurance Scheme (NDIS) covers many of the recommendations of the Productivity Commissions review of Disability Services.
‘Individual Planning’ The Objects and Principles lay a sound foundation to enable the Legislation to be effectively managed. Individual Planning however is a key building block that needs to be locked into the Objectives and Principles of the Act. Individual Planning for my adult 40-year-old son over has enabled him to remain in, be part of and participate as a member of his local community.
‘Advocacy’ The Commission made numerous references that some people with disabilities will require access to an advocate to support them. The report noted that the funding of advocacy through the NDIS could create a potential conflict of interest if an advocate employed through the NDIS challenged the process.
Recommendation 10.4. Productivity Commission.
The Australian Government, through the Department of Families, Housing, Community
Services and Indigenous Affairs should continue to provide funding for general advocacy by non-government organisations, with no involvement by the National Disability Insurance Agency in this funding role.
State and territory funding of disability advocacy groups should continue.
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Page 507 in the Productivity Report discusses the important role advocacy will have for participants and for an effective NDIS.
Advocacy
Both independent advocacy and systemic advocacy will continue to play an important role under the proposed NDIS. The independence of individual advocacy organisations will allow them to represent the interests of the most vulnerable people in the disability system, whose concerns may otherwise be overlooked (the issues surround funding and independence are discussed in section 10.4). Part of this role will entail helping people express concern or make a complaint about the quality of service provision, either to service providers themselves, or to local area coordinators as well as the NDIA directly. Beyond this, individual advocacy will also play an important role in ensuring that assessment processes properly recognise people’s needs, as well as providing a safeguard when dealing with DSOs and local area coordinators.
Similarly, systemic advocacy will play an important role in promoting system wide quality of service provision through: uncovering system failures; petitioning for widespread change; disseminating information of best practice to service providers; promoting public awareness of disability issues; and promoting the interests of particular groups such as CALD, indigenous and women with a disability.
My personal experience with good advocacy started in the 1980’s - 90’s. My family was part of the Victorian Parent Advocacy Collective. The collective consisted of eleven disability organisations supporting parents of children with disabilities to access regular schools. If a parent required support we offered advocates who worked in collaboration to problem solve and work in partnership with parents, schools and professionals. Whilst my family was able to self advocate many families’ children were enabled through this process to access their local regular schools and move out of segregated settings.
Some people with disabilities will be comfortable and able to self-advocate. Some may not wish to have an advocate Many however may be intimidated in putting their personal needs and requirements forward to a panel of ‘strangers’. It is important therefore that recipients of the NDIS be allowed an advocate ‘of their choice’ to support them, should they choose to do so in all aspects of the NDIS.
Thank you
Leslie Cope
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