22/08/2024
Such sadness that requested amendments were not approved by the government.
Client choice and control... where has it gone?
How can each of us afford to pay out of pocket for new assessments, appointments and reports that will be needed regularly.
I get that the NDIS has blown out of the proportion, however in the latest announcement going from their projected budget it was actually under what they predicted.
Where is the inclusiveness, how can each of us, in an intersectional group where we live with disability, many can't undertake work due to their disability or caring for a loved one it's all a joke and can see this ending so badly
Dear Andrea,
Thank you for writing to me to raise the concerns you have about the Getting the NDIS Back on Track Bill.
I understand how critical it is to ensure people with disability in our community get the support they need but cannot imagine how difficult this last little while has been, with a lot of fear, uncertainty and concern over what changes the government will make. Thank you for your engagement on this legislation. Since I was elected two years ago I have been consulting with people in the ACT and disability representative organisations to understand issues in the NDIS, and since this Bill was introduced, to understand people's concerns in greater detail and to try to work with the Government on amendments to the Bill.
There’s no doubt that this is a complex Bill and it comes at a time where I know the disability community are reeling from what seemed to me to be a lacklustre and incredibly disappointing response to the Disability Royal Commission.
Unfortunately, the crossbench did not have leverage on this Bill, as Labor was able to rely on the Coalition for support to pass it.
This limited how far myself, and others on the crossbench, could push the government for changes on this legislation. So my focus has been on listening and raising issues with the Government and working constructively on amendments to improve the Bill.
I was able to work with the Government to get their support for an amendment which will ensure that, going forward, people can actually know what they are being funded for. It is unacceptable that a person may only find out what the NDIA has accepted to fund if they take the NDIA to the Tribunal. The amendment I worked on with the government should fix that up, and ultimately help participants ask questions about their funding and challenge mistakes, where they happen.
In response to feedback I received I also moved amendments that would:
○ Ensure people are not having to undertake unnecessary medical examinations
○ Guarantee the right of a person to undertake a replacement needs assessment
○ Add some limitations around the powers of the CEO to override a person’s plan management preferences
○ Add limitations on the CEO’s ability to mandate what
support providers people can use
○ Really importantly, ensure people do not have to pay for a needs assessment
Unfortunately, none of these were accepted by the Government.
While I didn’t get all the amendments I pushed for, I think the work from advocates and those in the community, with emails like yours, and the conversations had across the country with MPs and senators, forced the Government to shift more than they were initially prepared to.
It was reassuring to see the states and territories agree to be part of the reforms going forward. I know the ACT has already budgeted $90 million for foundational supports. While there’s a lot of work ahead in understanding how those supports will operate, I am assured that the money has been allocated and that that work can start.
This remains far from a perfect Bill, and I am uncomfortable with how much of it seemed to happen without proper co-design with people with disability.
However, I have also been worried about the future of the Scheme without reform. We need the NDIS to be available now and into the future for the next generation, and without reform, I worry the Scheme won’t survive. I ultimately supported the Bill, with amendments, as I believe it achieved some balance that would also help secure the future of the Scheme.
There is much to do from here, the first being scrutiny over the lists that determine what are NDIS supports - and what aren’t. I already got some traction on this as regards period products and making sure they are not listed as a “lifestyle choice”. The Senate has a key role in scrutinising all of these decisions, and I plan to do my bit to ensure that scrutiny is provided.
In recent weeks, I have also written to Minister Shorten raising the issue of timing of NDIS pricing decisions and questioning why they have removed the higher rate for High Intensity Behavioural Supports.
Thank you again for writing. I wasn’t able to draft an individual response to all 10,000 people who have emailed me, however if you are from the ACT and would like to discuss further, please don’t hesitate to get in touch. I hope the above helps provide some useful detail.
Sincerely,
David
Senator David Pocock
Independent Senator for the ACT
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