Tuesday 20 August 2024
The Board of People with Disability Australia (PWDA), the national peak cross-disability organisation, opposes the in its current form.
Following extensive consultation with our members, PWDA has identified a number of critical concerns. They include;
1. NDIA powers: The proposed legislation grants excessive authority to the ³Ô¹ÏÍøÕ¾ Disability Insurance Agency (NDIA) regarding debt recovery and prosecution of participants. Clear safeguards are essential.
2. Lack of co-design: The bill has been developed without meaningful involvement of people with disability. We call for genuine co-design in all aspects of NDIS and disability reform.
3. Participant rights: Participants’ rights to review assessments and appeal NDIA decisions must be explicitly protected.
4. CEO authority: Independent safeguards are needed to prevent potential misuse of NDIA CEO powers related to access, planning, and plan management decisions.
5. Lack of clarity on rules, tools and processes: There is insufficient clarity on assessment tools and processes, particularly for participants with multiple, complex, or rare disabilities, as well as proposed Rules and other detail.
6. Choice of assessors: Participants should retain the option to use their own therapists or familiar treating professionals for NDIA-required assessments.
7. Foundational supports: Participants must not lose access to current supports or be directed towards foundational supports before these are fully developed, tested, and funded.
Additionally, PWDA acknowledges and supports concerns raised by other disability organisations:
8. Constitutional and human rights implications: The bill may infringe on rights outlined in the UN Convention on the Rights of Persons with Disabilities. We concur with the Parliamentary Joint Committee on Human Rights’ assessment that the bill raises several human rights concerns, particularly regarding compliance with the CRPD and other international human rights agreements.
9. State and Territory agreement: There is a lack of consensus with state and territory governments on providing support outside of the NDIS.
10. Impact on First Nations peoples: The bill may disproportionately affect Aboriginal and Torres Strait Islander people with disability, as well as other marginalised groups.
11. Small provider impact: The proposed changes could negatively affect small and unregistered NDIS providers, particularly in regional and remote areas.
PWDA believes that significant changes to the NDIS require:
- A comprehensive co-design process with people with disability and their representative organisations
- Clear agreement between federal and state governments on disability supports
- A formal government response to the NDIS Review
- Thorough evaluation of potential impacts on participants’ rights, supports and inclusion within society
Given these concerns, PWDA cannot support the bill in its present form. We urge policymakers to withdraw the legislation and develop any subsequent reforms with genuine involvement from the disability community.
PWDA remains committed to working towards a NDIS that upholds the rights, choices, and dignity of all people with disability. We call for meaningful dialogue with our community to create a more effective and inclusive NDIS.
– The People with Disability Australia Board of Directors
