Australia: PWDA "Devastated" At The Passage Of The NDIS Amendment Bill

22 August 2024

People with Disability Australia (PWDA) has called the passing of the NDIS Amendment Bill through the Senate “devastating,” citing deep concerns about its impact on NDIS participants and the disability community. PWDA believes these changes will make it harder for people with disability to access the essential supports they need to live full and independent lives.

PWDA President Marayke Jonkers said the new changes will severely restrict access to the NDIS and supports people with disability rely on.

“We are deeply disappointed with the outcome. These reforms will make it harder for people with disability to participate in our schools, workplaces, and communities,” Jonkers said.

Ms Jonkers pointed out that the legislation enables the introduction of strict transitional support lists that do not fully recognise the different and cost-effective ways people with disability access support. “People with disabilities are innovative with the products and services we utilise and these prescriptive lists stifle that, meaning we will have to pay more to get less effective results. It’s not cost saving for the government.”

"Supports like wheelchair batteries or hairdressing services for those unable to wash their hair are not just conveniences; they are essential for enabling people to engage with their communities and live their lives," she added.

Ms Jonkers has called the lack of clarity on what the future looks like for people with disability deeply concerning.

“In the agreement reached between federal, state and territory governments yesterday there was no discussion of transitional supports. We are concerned people will lose access to support before these new foundational supports are trialled, tested or even designed. Our community is deeply worried about what their future looks like,” she said.

PWDA Deputy CEO Megan Spindler-Smith has expressed concern at the lack of clarity on how these changes will be communicated and implemented, including the uncertainty of what will happen during the transition period.

“How these changes are communicated and operationalised matters. We will not accept people with disability facing increased wait times for decisions on access, changes in circumstances and funding, while development occurs. A detailed and accessible communication and education process is pivotal, providing participants and those who support them with information on how the changes will be rolled out and how the Scheme will operate in the short-term,” they said.

PWDA is also concerned about the exclusion of people with disability and their representative organisations from the legislative process. Spindler-Smith said the process was rushed, inaccessible and did not allow for meaningful co-design with the disability community.

“This approach led to the bill being passed without addressing several issues that could severely impact NDIS participants and our community,” they said.

PWDA believe another significant issue is the increased powers given to the National Disability Insurance Agency (NDIA), particularly in relation to debt recovery and penalties for participants.

Ms Jonkers warned that these new powers lack the necessary safeguards, potentially putting participants at risk of unfair penalties.

“The bill does not adequately protect participants' rights to independent review of assessments and appeal of NDIA decisions, which is important for ensuring fairness within the Scheme,” she said

Other areas of deep concern for PWDA include:

• The risk that the "reasonable and necessary" support principle will be undermined, leading to decisions based on rigid lists rather than individual needs.
• Lack of clarity on the rules and processes governing assessments, particularly for participants with complex or rare disabilities, which could result in inconsistent and unfair decisions.
• Insufficient safeguards against the misuse of power by the NDIA CEO.
• The concentration of authority without independent oversight may lead to decisions that do not fully consider the needs of participants.

PWDA is calling on policymakers to commit to co-developing future reforms through a process where people with disability and their representative organisations are equitable partners.

“We know that the only way forward now is through meaningful co-design with our community to create a more effective and inclusive NDIS that respects the rights, choices, and dignity of ALL people with disability,” said Spindler-Smith.

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