Navigating the Australian National Disability Insurance Scheme: A Scheme of Big Ideas and Big Challenges

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Author(s)
Ardill, Allan
Jenkins, Brett
Griffith University Author(s)
Year published
2020
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One of Australia's biggest reforms - the National Disability Insurance Scheme (NDIS) - is intended to provide people with choice and certainty of access to disability supports. It replaced an underfunded, unfair, fragmented and inefficient "system". However, recently, the NDIS has received criticism in regard to access and the provision of supports. These issues, addressed elsewhere, have arguably arisen due to concerns about cost. This article preempts these concerns by bridging a gap between the extra-legal academic literature concerning the NDIS and the sparse literature concerning NDIS law. It does so by providing a ...
View more >One of Australia's biggest reforms - the National Disability Insurance Scheme (NDIS) - is intended to provide people with choice and certainty of access to disability supports. It replaced an underfunded, unfair, fragmented and inefficient "system". However, recently, the NDIS has received criticism in regard to access and the provision of supports. These issues, addressed elsewhere, have arguably arisen due to concerns about cost. This article preempts these concerns by bridging a gap between the extra-legal academic literature concerning the NDIS and the sparse literature concerning NDIS law. It does so by providing a detailed exposition of the NDIS legal framework embedded in the relevant interdisciplinary extra-legal literature. It concludes that if the NDIS is to succeed it cannot be dominated by concern with the financial sustainability of the system.
View less >
View more >One of Australia's biggest reforms - the National Disability Insurance Scheme (NDIS) - is intended to provide people with choice and certainty of access to disability supports. It replaced an underfunded, unfair, fragmented and inefficient "system". However, recently, the NDIS has received criticism in regard to access and the provision of supports. These issues, addressed elsewhere, have arguably arisen due to concerns about cost. This article preempts these concerns by bridging a gap between the extra-legal academic literature concerning the NDIS and the sparse literature concerning NDIS law. It does so by providing a detailed exposition of the NDIS legal framework embedded in the relevant interdisciplinary extra-legal literature. It concludes that if the NDIS is to succeed it cannot be dominated by concern with the financial sustainability of the system.
View less >
Journal Title
Journal of Law and Medicine
Volume
28
Publisher URI
Copyright Statement
© 2020 Thomson Reuters. This article was first published by Thomson Reuters in the Journal of Law and Medicine and should be cited as 2020, 28, pp. 145-164. For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at legal.thomsonreuters.com.au/search. The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase.
Subject
Medical and health law
Law and legal studies
People with disability
Policy and administration not elsewhere classified