Many Australians have described the National Disability Insurance Scheme (NDIS or the Scheme), when it works well, as life changing. The NDIS is an insurance-based and demand‑driven model of funding and supports for people with disability. The NDIS is based on the premise that each person with disability has their own individual support needs and should be able to exercise choice and control in relation to these supports. The committee initiated this inquiry at the beginning of the Parliament to examine the capability and culture of the National Disability Insurance Agency (NDIA) to deliver on this promise.
In its hearings, the committee has heard stories of pain, fear, anxiety, frustration and exhaustion experienced by so many participants, families, carers and advocates in their journeys with the NDIS. The evidence was not easy to hear. The committee calls on the government and the NDIA to learn from these experiences and take action to improve the NDIS for all participants, their families and carers.
The committee shares the frustration of many witnesses and submitters at the slow pace of reform. At the Geelong hearing, Ms Jean Cotchin, representing Every Australian Counts, conveyed people's frustrations with the culture of the NDIA and their hopes for improvement:
Unfortunately, it is clear that, over the last few years in particular, the culture leading the NDIA has been the exact opposite of the culture that people signed up for and expect and should have … I think the NDIS is one of the biggest sources of pride of all Australians. It has been, and has the potential again to be, the best disability system in the world that we should all be enormously proud of … The consistent thing that we are always campaigning for is an NDIS that works as well as it can and should for everybody who needs it … The overwhelming feeling, need and sentiment from the community is to have their voices heard and to make it easier.
The committee has decided to table this interim report, with a final report with further recommendations to follow later this Parliament. This approach has been taken because the issues are pressing and should provide guidance to the government.
The committee notes that some of its previous recommendations to address the issues outlined in this report have been swiftly implemented. However, other recommendations have been repeated over many years to successive governments, such as the recommendation that NDIS participants receive a draft plan before a final plan is agreed to by the delegate. Late in 2022 the NDIA initiated a pilot to change plan approval processes, but it is not yet clear whether it will result in the implementation of draft plans. The committee will continue to monitor the implementation of this and other recommendations, and hold the government to account.
The committee is particularly moved by evidence that participants feel distressed, frustrated, and unheard when planners do not understand their lived experience of disability. Planners are a key interface between participants and the NDIS. If planners do not understand a participant's disability and how it impacts their daily life, this is likely to have a negative effect on a participant's plan and their experience of the NDIS.
Recommendation 1
The committee recommends that NDIA staff have comprehensive training in disability awareness and anti-discrimination, and that the government support planners and other NDIA staff, including contact centre staff, to develop specialist skills in specific areas of disability and participants' needs, so the Scheme can serve the diversity of NDIS participants.
The committee has heard the stories of participants who are frustrated at having to tell their stories and provide documentation to prove their disability over and over again. Many participants have also felt that NDIA staff do not understand their lived experience of disability. Submitters have told us that this is exacerbated by high staff turnover. The committee also heard evidence that unreasonable workloads can make it difficult for planners to take the necessary time to read reports and understand participant needs.
Recommendation 2
The committee recommends that the government lift staffing caps and improve workplace culture to reduce staff turnover and improve the experience of participants through continuity of relationships.
Recommendation 3
The committee recommends that the government invest in training NDIA staff and updating systems to improve the quality and transparency of decision-making, and to ensure that decisions consistently meet the requirements of the NDIS Act, so participants do not have to tell their stories again and again to multiple people.
The committee has heard from submitters criticising the NDIA for a lack of meaningful engagement with the disability community, attributing this to inaccessible systems, a lack of transparency, minimal participation and unfair decision-making. The committee acknowledges the NDIA Engagement Framework, but believes more could be done to centre the experience of people with disability in the design of NDIA systems and processes.
Recommendation 4
The committee recommends that the NDIA adopt a participant-led, user-centred design approach to improve the participant experience, including better supporting participants at life-changing events.
The committee has heard the fears of participants that they may lose funding for necessary supports, where they have been unable to access services. Participants have reported feeling pressured to use up funding ahead of a plan review, for fear that funding would otherwise be cut in their next plan. This is an especially difficult problem for participants in rural, regional and remote areas, where supports can be difficult to access.
Recommendation 5
The committee recommends that the government address the concerns of participants that a plan underspend might lead to reduced funding in their next plan.
The committee acknowledges that the NDIS is in an active transition phase, with less than 12 months since the change of government and 6 months since the appointment of the new Chair and CEO. In recent months, several initiatives have been announced that are related to addressing the capability and culture of the NDIA. These initiatives include the current NDIS Review, establishment of the Co-Design and Engagement Branch, and an Independent Expert Review (IER) Pathway pilot to reduce disputes and appeals to the Administrative Appeals Tribunal. The committee welcomes many of these changes, and encourages the government and the NDIA undertake reform with focus and urgency.
The committee acknowledges that it is too early to see the fruit of these initiatives. Nevertheless, the committee decided to prepare this interim report to provide a summary of the key issues raised and to inform the Parliament of the next steps it plans to take.
The committee is grateful to witnesses and submitters who have taken the time to share their stories and experiences with the committee, and to make thoughtful recommendations for improvement. The committee received and published 174 submissions and held public hearings in Newcastle, Sydney, Perth, Geelong, Melbourne, Adelaide and Brisbane. Many witnesses have appeared before the committee previously, and others have appeared for the first time.
We hope that this interim report, and the work that we will do in the coming months, demonstrates that the voices of people with disability and their families and carers have been heard. The committee intends to continue its program of hearings across Australia, including in rural and remote locations, and to reflect upon evidence raised in submissions. The committee will provide a final report later in this Parliament. The committee is committed to making the NDIS experience easier and better.