Chapter 1Introduction
1.1The Joint Standing Committee on the National Disability Insurance Scheme (the committee) was established by resolution of the House of Representatives on 26July2022 and by the Senate on 27July2022.
1.2The committee is composed of five members and five senators, and is tasked with reviewing:
(a)the implementation, performance and governance of the National Disability Insurance Scheme (NDIS or the scheme);
(b)the administration and expenditure of the NDIS; and
(c)such other matters in relation to the NDIS as may be referred to it by either House of the Parliament.
1.3The committee is required to present an annual report to the Parliament on the activities of the committee after 30 June each year, in addition to reporting on any other matters it considers relevant.
1.4The committee is also able to inquire into specific aspects of the scheme. On 8September2022, the committee agreed to self-refer an inquiry into the capability and culture of the National Disability Insurance Agency (NDIA or the agency), with particular reference to:
(a)the capability and culture of the NDIA, with reference to operational processes and procedures, and the nature of staff employment;
(b)the impacts of NDIA capability and culture on the experiences of people with disability and NDIS participants trying to access information, support and services from the agency; and
(c)any other relevant matters.
Conduct of the inquiry
1.5The committee received a total of 206 submissions, including 32 new submissions and 10 supplementary submissions which were provided to the committee after the interim report was tabled in March2023. All submissions are listed at Appendix 1 and are available on the committee's website.
1.6Since the tabling of the interim report in March 2023, the committee has held six public hearings:
4 August 2023 in Canberra
28 August 2023 in Geelong
29 August 2023 in Melbourne
30 August 2023 in Launceston
31 August 2023 in Burnie
7 November 2023 in Canberra
1.7In addition to the formal program of witnesses, the committee heard short statements from individuals with lived experience of disability and the NDIS. Witnesses who appeared at the hearings are listed at Appendix 2.
1.8Transcripts of the hearings, together with submissions and additional information provided to the inquiry, are available on the committee's website.
Purpose of this report
1.9This final report examines issues indicated for further investigation in the committee's interim report in March 2023. It also considers a number of other matters relating to the capability and culture of the NDIA that were raised in additional evidence after the interim report was tabled.
Structure of the report
1.10This report consists of five chapters, as follows:
Chapter 1 (this chapter) provides general information about the conduct of the inquiry.
Chapter 2 canvasses a broad range of issues regarding the culture of the NDIA, and the agency's capability to serve NDIS participants.
Chapter 3 discusses guardianship and financial administration concerning NDIS participants and other people with disability, especially where those services are provided by public guardians, public advocates and public trustees.
Chapter 4 examines the effectiveness of the Information, Linkages and Capacity Building program of the Department of Social Services.
Chapter 5 investigates the provision of respite care and short-term accommodation for participants, their families and carers.
Chapter 6 outlines the committee's view and makes recommendations to improve the capability and culture of the NDIA.
Disability Royal Commission and NDIS Review
1.11The committee acknowledges that the work of this inquiry has been undertaken while the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (Disability Royal Commission) completed its work. Further, in October 2022 an Independent Review of the NDIS was announced, due to report to Disability Reform Ministers in October 2023.
1.12The committee welcomed the publication of the Disability Royal Commission's Final Report on 29September2023 and summarises some of the findings of the Disability Royal Commission as they relate to the NDIS in its first General Issues report for the 47th Parliament. That report also outlines some of the key terms of reference for the Independent Review.
Note on terminology and references
1.13References to submissions in this report are to individual submissions provided to the committee's inquiry into the capability and culture of the NDIA and published on the committee's website, unless otherwise indicated. References to Committee Hansard are to proof transcripts, unless otherwise indicated.
1.14The committee acknowledges that there are various terms used to reflect the diversity of Aboriginal and Torres Strait Islander cultures and identities. In this report, the terms 'Aboriginal and Torres Strait Islander people' and 'First Nations people' are used, with respect.
1.15The committee also notes that some submitters and witnesses may refer to NDIS participants and other people with disability as 'clients' of particular services. This report may use the term 'client' when quoting from a submission or a hearing transcript. Otherwise, the report uses the terms 'participant', 'person with disability' and 'people with disability', with respect.
1.16The committee recognises that people use many terms when talking about disability. The committee is aware that there are people in the community who prefer 'people first language', people who prefer 'identity first language', and people who use terms interchangeably.
1.17People first language seeks to put the person before their disability and avoid the disability becoming the primary, defining characteristic of an individual. For example, 'person with disability'. Identity first language reflects the belief that being disabled is a core part of a person's identity which cannot, and should not, be treated as separate. For example, 'disabled person'.
1.18The committee recognises there is no consensus as to which language should be used, and that each member of the community will have their own opinion on terminology. The committee also understands that each person will have a preferred way of communicating and self-describing. The committee respects that language is an individual and highly personal choice.
1.19In the context of this inquiry, the committee has used people first language in its reports to ensure consistency with the terms of reference.
Acknowledgements
1.20The committee thanks all those who have contributed to the inquiry by lodging submissions, appearing at public hearings, providing additional information, or sharing their views via correspondence. The submissions and other evidence received by the committee have shed light on a broad range of issues concerning the capability and culture of the NDIA.
1.21In particular, the committee acknowledges the contributions of people with disability, their families and carers who shared their experiences. The evidence of people with lived experience is crucial to identifying issues with the NDIS and improving the operation of the scheme. The committee appreciates the time and effort that people have taken to share their often very personal stories.