New legislation designed to improve the experience of NDIS participants contains concerning clauses that expand the powers of the NDIA CEO unnecessarily, says the Australian Lawyers Alliance (ALA).
The ³Ô¹ÏÍøÕ¾ Disability Insurance Scheme Amendment (Participant Service Guarantee and Other Measures) Bill 2021 was introduced by the Government last month.
“We are concerned that the proposed revisions allow an individual’s NDIS plan to be varied on the CEO’s own initiative, without request, consultation, or consent from the participant,” said Mr Graham Droppert SC, ³Ô¹ÏÍøÕ¾ President, ALA. “This goes beyond the recommendations made in the Tune Report and provides exceptionally broad powers to the CEO.
“The NDIA should not have the general discretion to vary an NDIS plan without consultation or consent by the participant.
“In the rare cases of emergency where an individual cannot be consulted in time or declines to have their plan varied, the CEO already has the authority to conduct a full reassessment. Therefore, the discretion given to the CEO in section 47A of the Bill is an unnecessary and concerning expansion of the CEO’s powers.
“It is particularly alarming that the proposed new power has no limits in the legislation. Providing unconstrained power to the NDIA CEO means any NDIS participant could have their plan varied at any time – this is not a fair or reasonable situation.
“At a minimum, the use of these powers must be constrained by set criteria and be subject to review by the Administrative Appeals Tribunal.”
Read the complete ALA submission here: https://www.lawyersalliance.com.au/documents/item/2199
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