5.1
This chapter provides an overview of recent proposals to reform the National Disability Insurance Scheme (NDIS), including the new Early Childhood Approach and the proposed introduction of independent assessments and personalised budgets.
5.2
The chapter also outlines the range of other matters that were brought to the attention of the committee during the inquiry. While the committee was unable to consider these matters in detail in the current Parliament, the committee recommends that all these matters receive appropriate attention by a re-established committee in the next Parliament.
Early Childhood Approach
5.3
On 28 June 2021, the NDIS announced a guideline for its early childhood approach, targeted at achieving a 'nationally consistent approach to working with children younger than 7, who have a developmental delay or disability, and their families'.
5.4
An Operational Guideline document outlining the early childhood approach is available on the NDIS website, which outlines the aim of the early childhood approach as well as how the approach will be delivered.
5.5
This approach was previously launched as the 'Early Childhood Early Intervention approach' but was renamed following consultation on proposed recommendations to reset the approach. The post consultation reports from this consultation are available on the NDIS website.
Submitter and witness views
5.6
Submitters and witnesses emphasised the importance of early childhood approaches and highlighted the importance of:
ensuring access to appropriate tools and information for parents
the importance of culturally responsive practices; and
managing requirements for providers of early childhood supports, including requirements around registration, training and experience.
Government view
5.7
The Department of Social Services (DSS) and the National Disability Insurance Agency (NDIA) told the committee that the NDIA is continuing to engage with stakeholders on improvements to the early childhood approach, to help inform the process of resetting the program. Changes to the approach are expected over the next two years. The NDIA is also currently leading research into interventions for children 7 years or younger with autism to contribute to the evidence base and support best practice.
5.8
At a public hearing of the committee, Mr Martin Hoffman, Chief Executive Officer (CEO) of the NDIA also told the committee that the NDIA is seeking to improve the formal reporting of progress and outcomes in the early childhood investment space.
Person-centred approach to assessments
5.9
Following the decision by government that the previous proposal for independent assessments would not proceed, Commonwealth and state and territory disability ministers announced that they would 'work in partnership with those with lived experience of disability through the Independent Advisory Council and disability representatives, on the co-design of a new person-centred model that delivers consistency and equity in access and planning outcomes'.
5.10
The DSS and NDIA in their supplementary submission to this inquiry advised that the NDIA 'will continue working with the disability community to co‑design a new person-centred assessment model, that will deliver consistency and equity in access and planning outcomes, and support improved plan flexibility'.
Submitter and witness views
5.11
The committee heard some concern that provider bodies were yet to be consulted in relation to the new person-centred assessment process.
5.12
The committee also heard that initial co-design discussions have been met with caution by those taking part and the wider disability community, but that there is hope for meaningful progress in the NDIA's approach to changes to the scheme.
Government view
5.13
In their supplementary submission, the DSS and NDIA told the committee that the new person-centred assessment model 'will provide high quality information to support consistent access and planning decisions and reduce socio-economic and regional variations in plan budgets'.
5.14
The initial submission from the DSS and NDIA noted that two virtual co-design workshops had been held in September 2021, to provide 'an opportunity to develop a constructive working relationship between the NDIA, the Council and DRCOs [Disability and Carer Representative Organisations] and to begin co-design and priority issue discussions'.
Participant Service Guarantee Bill and changes to the NDIS Rules
5.15
The National Disability Insurance Scheme Amendment (Participant Service Guarantee and Other Measures) Bill 2021 (the bill; the Participant Service Guarantee bill) was introduced into the House of Representatives on 28 October 2021.
5.16
The purpose of the Participant Service Guarantee bill is to amend the National Disability Insurance Scheme Act 2013 (NDIS Act) to implement a range of measures, including recommendations in the review of the NDIS Act conducted by Mr David Tune AO PSM (the Tune Review). Key measures include:
legislating the Participant Service Guarantee for NDIS participants, to establish timeframes and engagement principles for how the NDIA undertakes key administrative processes;
allowing for the variation of NDIS participant plans, including by permitting the CEO of the NDIA to vary a plan of their own initiative; and
introducing ‘flexibility measures’ into the Act including allowing direct funding to NDIS providers and amending requirements relating to psychosocial disability.
5.17
Related to the Participant Service Guarantee bill, the government has also proposed changes to the NDIS Rules (Rules), including the introduction of two new Rules, as well as significant changes to two existing Rules (the Plan Management Rule and the Becoming a Participant Rule).
5.18
At the time of drafting, the bill remains before the House of Representatives and changes to the NDIS Rules, along with the introduction of new Rules, are yet to be implemented. The committee recognises that the proposed legislative amendments seek to address many recommendations from both the
Tune Review and this committee’s inquiry into NDIS Planning—and acknowledges that the implementation of these recommendations are contingent on the bill being passed by the Parliament.
5.19
Further information in relation to the Participant Service Guarantee bill is available in the Parliamentary Library’s Bill Digest No. 42, released on 3 February 2022, and the Senate Community Affairs Legislation Committee report into the provisions of the bill.
Submitter and witness views
5.20
Concerns about the bill from NDIS participants and representative and advocacy bodies are outlined in Chapter 2 of the Senate Community Affairs Legislation Committee’s report into the bill.
5.21
During this committee’s current inquiry, the committee heard concerns in relation to the bill including that the proposed changes:
allow the Minister ‘unfettered discretion’; and
‘undermine’ the shared responsibility (between the Commonwealth, states and territories) for the success of the scheme.
Government view
5.22
DSS and NDIA told the committee that the Participant Service Guarantee bill is 'the result of significant stakeholder consultations', including revisions to the bill to include suggestions put forward by stakeholders during a consultation period on an exposure draft of the bill. The Government also circulated amendments to the bill in February 2022, 'to address issues relating to plan variations and episodic and fluctuating impairments raised by the Joint Parliamentary Committee on Human Rights and the Senate Community Affairs Legislation Committee'.
Other issues raised
5.23
In submissions and in evidence provided at the committee’s public hearings, the committee also heard that attention needed to be directed to matters affecting the effective operation of the scheme including that:
Market stewardship approaches should be strengthened, especially to address issues of thin markets, and also in order to review pricing approaches.
Sufficient funding should be provided to ensure that individual and systemic advocacy is available to support participants and contribute to processes to improve the scheme.
Measures are still needed to ensure adequate safeguards are in place for participants, including in relation to participants who receive support from unregistered providers.
Further attention is needed to ensure that participants have access to specialist disability accommodation and other housing options, including through managing issues that arise at the interface between the NDIS and state-based housing services.