Submission 439
CONCERNS ABOUT THE NDIS PROPOSED LEGISLATION
I am concerned that the proposed changes in the legislation, rather than providing the reform that has been promised and waited for, has made so many unrealistic and unfeasible changes as to destroy the NDIS as the worldclass support for people with disability it was. Yes, it needed reform – but reform implies refining/honing not destroying.
Explicit concerns 1. I am concerned that the proposed increase in automated decision-making within the legislation could reduce the ability to identify and respond to individual needs, resulting in participants receiving supports that do not appropriately reflect their circumstances, functional capacity, or lived experience Resulting in
- reduced supports
- people becoming ineligible for supports
- worsening mental health or safety risks
- increased reliance on families/carers
- greater pressure on hospitals, housing and other systems
- Departure from Individualised assessment The proposed NDIS Bill grants the Minister extraordinarily broad powers to reduce funding for specified groups through support determinations. I am extremely concerned that:
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there are minimal legislative safeguards;
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reductions can apply across broad participant categories;
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cuts may reduce funding below actual support costs; and
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the legislation provides limited transparency, appeal and accountability mechanisms. This creates the possibility of substantial cuts targeting particular cohorts, impairments, ages, or support categories. Proposed section 34A would create an extraordinary power permitting across-the-board percentage reductions to funding components in “old framework plans” for reasons of “financial sustainability”, without any requirement for:
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individual reassessment of reasonable and necessary supports;
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consideration of participant safety;
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assessment of functional impact; or
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analysis of risks arising from funding reduction. This represents a significant departure from the foundational principles of the NDIS, which are intended to be based on individualised assessment of disability support needs rather than arbitrary fiscal measures.
- I am concerned that broad percentage reduction powers could disproportionately impact:
- First Nations participants;
- rural and remote participants;
- women carers;
- people with psychosocial disability;
- participants requiring high levels of informal support; and
- children requiring early intervention.
Submission 439
- Additionally I submit that any powers allowing:
- changes to permanence definitions;
- changes to functional capacity thresholds;
- reductions to funding categories; or
- support determination percentages should be designated as Category A Rules requiring agreement from states and territories.
Professional experience
As a specialist Mental health Occupational Therapist and Child Therapist I have seen how NDIS funding has helped support families that couldn’t afford the therapy their child needed any other way. With funding for regular therapy (myself, Speech Pathologist and Psychologist as needed) we have worked together to improve function and help these clients believe increase their skills across areas including
- Fine and gross motor skills
- Speech and language
- Social skills and communication
- Independent daily living skills
- Emotional regulation
- Increase in independence across all areas including regulation, peer relationships and daily life skills This has allowed them to be actively involved in and contribute to the community in a way that is meaningful and sustainable for them – for many this was attending school/study/work. It also gave the option of support workers when needed to help them, if needed, for self-care/access the community including to attend appointment. For many as their skill level increased, they no longer needed support work or therapy or fewer hours of these. Prior to NDIS only the wealthy had this option due to the Medicare gap fee – similarly for private support work/care. Everyone deserves the right to have the therapy and support they need to live their best life and engage with family/friends/community to the best of their ability in line with their skills. NDIS gave people the chance to do this, across a variety of disability areas.
CONCERNS ABOUT WORKFORCE AND SERVICES
These proposed changes also have a big impact on my work, service delivery, and the broader disability workforce. These proposed changes:
- reduce access to allied health supports
- reduce viability of small providers
- increase workforce instability, unemployment
- make rural/regional service delivery more difficult
- discourage preventative and capacity-building work
- shift pressure onto unpaid carers and mainstream systems
Submission 439
Medicare will be the only option for most people to access allied health services without NDIS funding. If allied health providers bulkbill they are unable to run a sustainable business due to costs of running a service, meaning fewer allied health providing services/in business.
So these changes
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affect service sustainability -participants lose access to experienced providers
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regional areas are disproportionately impacted due to lower overall economic status due to fewer jobs
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low-income families/participants are also disproportionately affected In summary, the proposed legislation could fundamentally reshape how disability support is assessed, funded, reduced, reviewed, and accessed across the NDIS. including:
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broad powers to impose funding reductions across groups of participants
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tightening of eligibility and permanence definitions
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changes to functional capacity assessments
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increased reliance on automated decision-making
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reduced reassessment protections and safeguarding risks
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reduced access to therapy, participation, and capacity-building supports
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increasing reliance on unpaid carers and out-of-pocket costs Stop the Cuts. Fix the System. Protect Our NDIS. | Stop the NDIS Cuts. Fix the System.
Parliament has not voted yet. These changes are not inevitable.
Thanks for your time and support Please contact me if you would like to discuss this further – my website is below Best wishes