Submission 2 to the NDIS Review
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Hummell, Eloise
Harris Rimmer, Susan
Foster, Michele
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Abstract
We reiterate our previous Submission to the NDIS Review 2022 (23 December 2022) that any changes to how the NDIS is implemented and administered should be consistent with the principles of administrative justice, enhance the rights of people with disability and be consistent with the Convention on the Rights of Persons with Disability (CRPD). We made suggestions in that submission as to how that might be achieved within the current NDIS model. We also reiterate our previous submissions on reform of administrative review in the NDIS, including the AAT process, in Submission to Attorney General’s Department on Administrative Review Reform Issues Paper. In this submission we provide additional recommendations, which have been enhanced by further research data, including qualitative interviews with NDIS participants and content analysis of AAT cases. We respond to the the second call for submissions from the NDIS Review and the ‘What have we heard report’ including the ‘five key challenges’ and ‘priority areas’ particularly the issue of reasonable and necessary supports. We also respond to the potential ‘major’ reforms the NDIS Review is considering, as indicated in the recent speech on 22 August by the NDIA Review Co-Chair Professor Bruce Bonyhady AM.1 Our new recommendations include: 1) There must be clarity about the prioritisation of supports that will be funded by the NDIS and those considered outside the remit of the NDIS. This could take the form of a schedule of specific supports which will not be funded in the NDIS within the NDIS Act or Rules. 2) The determination of prioritisation of supports funded by the NDIS, and which supports are included or excluded, should be through processes of co-design with stakeholders, people with disability, professional input from experts based on research evidence, and should consider both the immediate costs and long-term benefits of funding particular supports. 3) The use of assessment tools, funding models and support calculations in the NDIS and by the NDIA must be transparent. Any tools and models used in determining participant needs, particular supports or support packages should be based on research evidence. 4) Financial sustainability of the Scheme should not be determined at the individual participant support level. This must be resolved by the NDIA/Government as a matter of policy at the scheme level. 5) Certain supports may be determined to only be provided in individual cases in exceptional circumstance. As in Recommendation 1. above, this should be both transparent to participants, and expressly dealt with in the legislation, for example by rebuttable presumptions against funding. 6) The determination of system and service interfaces in the supply of supports should occur within an inter-governmental agreement and not debated within individual cases. 7) Consideration be given to the inclusion of a small capped financial allowance in reasonable and necessary support package budgets which could be spent on everyday items and expenses which the participant considers would respond to their disability related needs (eg social participation, psycho-social needs). 8) The NDIA should release data that underpin the use of any automated decision-making for support packages and any other algorithms that guide decision-making. 9) All processes and engagements with NDIS Participants should be disability- and trauma-informed.
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DP200100742
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© 2023 Griffith University.
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Law and legal studies
Special education and disability
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Burns, K; Hummell, E; Harris Rimmer, S; Foster, M, Submission 2 to the NDIS Review, 2023