21 AUGUST 2024
Two weeks ago, the Government released draft lists defining what’s in and what’s out for NDIS supports under the new NDIS Bill being debated in the Senate. We initially shared our thoughts in a blog post, and have since collaborated with members and other Disability Representative Organisations (DROs) to develop detailed submissions for the consultation. DANA’s own submission has now been sent to NDIS Consultations for feedback.
First, the joint statement by DROs
DANA, alongside other DROs, has released a statement opposing the current draft list. Our joint position advocates for:
- An extension of time before any new definitions take effect, maintaining current arrangements until those are clear.
- A principles-based approach to replace the lists, which would provide flexibility and avoid narrowing supports, pushing people with disability to more costly support types; and
- Clear guidelines and assurance on exceptions for reviewable decisions, ensuring accessible processes for contesting decisions, developed in consultation with people with disability.
Concerns and ongoing issues
Building on these joint recommendations, DANA’s submission highlights the concerns raised by advocates in the short time since the draft lists were released for consultation.
“I am very concerned how that flexible funding can be achieved when this list means it is going to be far less flexible than the current system.”
“This is the opposite of codesign. This is going to cause people to have severe problems. They will be excited from the scheme, they will have debts incurred that they have no way of challenging, they will be frightened to use their funding, they will have funding cuts.
“…what these changes say, is that the Government doesn’t trust participants…”
“…[The draft lists are] actually not going to assist them in that goal of meeting those cost savings, because if a lot of these supports are taken off the list that need is still there and it just means that need is going to have to be met with a NDIS support which I think in most cases is going to be a support worker – that’s going to run at a really huge demand into the already very thin markets…”
In response to the concerns raised, the Government introduced a new set of amendments to Section 10 in the Senate. These amendments would permit funding for supports outside the “NDIS supports” definition if it can be shown that a replacement support was cheaper and equally (or more) effective. This is an improvement, certainly, yet it still places an additional administrative burden on people with disability, their families, supporters, and advocates to secure the necessary supports.
Advocates also noted that there are several areas that are regularly deemed reasonable and necessary by the Administrative Appeals Tribunal (AAT) but would be excluded or thrown into doubt by the broad and imprecise framing of lists. One advocate expressed their worry:
“It is concerning that the Rules would be able to ‘rule out’ providing supports that have previously been found by the AAT or Federal Court to satisfy the threshold of ‘reasonable and necessary in some cases. This is likely to result in more confusion rather than less for participants, particularly those who would no longer be able to access supports which they currently receive as ‘reasonable and necessary supports”
Impact on current NDIS supports
Our submission identifies several areas which are often funded through the NDIS (either directly or through the AAT) that are now caught up in the definition of ‘day-to-day’ living expenses and could come into effect as soon as late October. This includes:
- Household items, like washing machines, air conditioners, robot vacuums
- Generators
- Vehicles
- Rent contributions and bonds
- Smart watches or other smart devices
- Menstrual products
- Takeaway food, particularly when other services break down
- Some work-specific support
- Parenting supports
- Sex work
People will be required to demonstrate that these supports are cheaper and as/more beneficial or apply for an exception where the support is ‘solely and directly’ related to their disability, as copied from the current supports for participants’ rules.
Missed opportunities and additional steps requested
There is a sense of missed opportunity. Advocates often spend significant time fighting alongside people with disability to get the supports they need when they’re not offered by health or school systems. The limits placed in the rules on out-of-school care, parenting programs and some mental health services don’t clarify the situation and only make things more difficult to get the support they need.
In our submission, we are asking for an additional step that would allow people to access these supports when they’re unavailable through other support systems, including when cost or availability in a person’s area is an issue. This is crucial to ensure people aren’t pushed into ‘foundational supports’ just because the NDIS assumes services are available when they are not. Other proposed changes around the interface between the justice system, family support and employment services have also raised concerns.
Submissions on the draft lists are open until this Sunday, the 25th of August. You can find out more at DSS Engage.
Helpful links:
- Advocacy for Inclusion: Submission Tips – Make a Submission to the Draft list of NDIS Support
- Intellectual Disability Rights Service: Submission to DSS Conslutation on Draft Supports Lists
- Justice and Equity Centre S: Submission to DSS consultation on draft lists of NDIS supports
- DSC: The far-reaching draft list of ‘NDIS supports’