Coalition's Additional Comments

Sexuality, sexual development, sexual expression

1.1During the Capability and Culture inquiry, it emerged that many children with a disability are excluded from classes such as Sex Education that non-disabled children are included in at school.

1.2This is unacceptable and needs to be addressed. However, consideration should be given to the different behavioural and attitudinal assistance that can be given to children and young adults, especially those with cognitive or intellectual disabilities.

1.3Sex and relationships can be a fraught issue for anyone, especially those without an understanding of societal norms and acceptable behaviours. It is difficult to discern the public and the private.

1.4It is important that those with cognitive and intellectual impairments do not fall foul of the criminal justice system, either as a perpetrator or a victim, due to the lack of a framework which they can understand. The framework must clearly identify who they can touch, when and where, and who can touch them, when and where.

1.5When teenagers go through puberty, it can be challenging regardless of ability, but it is important that an appropriate sex and relationship framework is considered as a potential part of a participant’s goals.

1.6We saw evidence given by SECCA on the absence of proper supports for sexual education which could leave individuals without an inadequate understanding of appropriate behaviours.

1.7SECCA Education Director, Ms Jordina Quain said:

A lot of our clients are involved in the justice system either, as I said, as a victim or as a person who’s accused of committing a crime. A lot of the crimes that we see our clients having been accused of being a perpetrator of are what we would call accidental crimes - crimes where they haven’t actually understood what the social rules are … There’s an incredibly strong link between people having a cognitive or intellectual disability and their engagement with the justice system that’s not understanding or supportive of what their needs are. As you’ve identified, we’re needing to take those steps back to see that there’s a huge gap in sexuality education and support that’s essentially setting people up for failure and setting them up to be a part of these kinds of incidents and justice systems.[1]

1.8The Coalition recommends that the NDIA co-design and implement a Sexand Relationships policy to give NDIA staff and participants clear guidelines on the approach to related supports. Additionally, the committee recommends that planners and coordinators are trained to engage with participants about relationships and sexual expression goals during the development of plans.

Information, Linkages and Capacity Building funding

1.9The ILC program is meant to be the third plank of the NDIS, providing supports to community groups that can provide options for those with a disability without necessarily involving external service providers funded by a participant’s plan.

1.10The intent is to open up the community to participation for all those who would like to be involved. Since the funding provided to ILC grants receivers is now delivered via DSS rather than the NDIA, we have seen a deterioration beyond the initial shortfalls under the previous NDIA model.

1.11It is important that the NDIA fully implement the third plank of the NDIS through an effective ILC program. Whilst the NDIA would need to re-think the ILC application and delivery models, it is in a much better place to effectively run this program and as such we recommend the ILC program be administered by the NDIA, with robust links with the Department of Social Services.

1.12The Coalition recommends the ILC program be administered by the NDIA, with robust links with the Department of Social Services.

Financial Sustainability and Transparency

1.13Financial sustainability and transparency lie at the heart of the future success of this world first and life changing insurance scheme. When in Government, the Coalition significantly increased the amount and regularity of NDIS data released publicly. This transparency has been progressively eroded by the Albanese government, to the point where current actuarial data is no longer available on the future projections of the scheme that underpin the Albanese Governments $74 billion cut to participant plans over the next 10 years.

1.14Annual expenditure is forecast to increase from $39.8 billion this financial year to $55.9 billion by 2026-27. Total Scheme payments have increased over the last four years, from $10.5 billion in 2018-2019 to $35.2 billion in 2022-2023. Average and median payments per participant have increased by 6.2 per cent and 4.2 per cent per annum respectively, over the last three years. Meanwhile average plan budgets for all participants have increased by 2.8 per cent per annum, over the three-year period to 30 September 2023.

1.15Previous NDIA actuarial forecasts predicted that the Scheme will have over 1million participants by 2032 and cost close to $100 billion annually. This quantum of growth is not reflected in the latest Federal Labor Government’s budget, instead $74 billion was cut from the Scheme over the next ten years. At the 2023-24 Budget in May, the Government planned to cut the growth rate from about 14 per cent to 8 per cent by July 1, 2026. This now appears even less attainable given that the latest NDIS Quarterly Report showing that the annualised plan inflation rate has increased in the last quarter from 12.3 per cent to 15.1 per cent, which is well beyond that budgeted for in the May 2023 Federal Budget.

1.16The Federal Government continues with the as yet unsubstantiated claim that they will be able to realise the $74 billion in scheme cuts. There is no evidence that the Financial Sustainability Framework, announced at a National Cabinet earlier this year, will be able to moderate annual cost growth rates to the budgeted 8 per cent. As there are two key drivers of demand-driven programs, cuts of the magnitude budgeted by the government can only come from either cuts to participant numbers and/or cuts to participant plans.

1.17This report does not recognise the impact of financial sustainability on the capability and culture of the Scheme. The term financial sustainability is mentioned once in the 123-page report, yet this single mention is not in relation to the problem of financial sustainability. Additionally, there are six mentions of the sustainability, although it does not encapsulate the scope of the impact of this issue on the capability and culture of the NDIA. The Government’s lack of transparency on the financial sustainability of the Scheme is hindering the ability to properly scrutinise the impacts of the Scheme’s financials on the capability and culture of the NDIA.

1.18Therefore, in the absence of current actuarial data, Coalition members of the committee believe it is impossible to determine the ability, or otherwise, of the NDIA to implement any or all of the recommendations in this report. Consequently, Coalition members are not convinced that there can be an improvement in the capability and culture of the NDIA if the Scheme is not financially sustainable.

1.19The Coalition recommends the Labor Government resume releasing the NDIS Monthly summaries, and immediately release the outstanding 2022-23 Annual Financial Sustainability Report and NDIS Independent Review in full.

Senator Hollie Hughes

Deputy Chair

Senator the Hon Linda Reynolds CSC

Member

Ms Jenny Ware MP

Member

Footnotes

[1]Ms Jordina Quain, Education Director, Sexuality Education Counselling and Consultancy Agency,

Committee Hansard, 7 November 2023, p.31.