On the 22 August 2024, a Bill known as the National Disability insurance Scheme Amendment (Getting the NDIS Back on Track No.1) Bill 2024 passed the Australian Parliament. You can read more of what PWDA said here opposing the Bill and the incoming changes.
This post will outline what you need to know about the changes.
Key points:
- Introduction of new support lists: New lists will define what supports can be funded by the NDIS, potentially limiting access to supports you currently or wanted to access through the NDIS.
- Uncertainty around where prohibited NDIS supports will come from: While there will be a process to seek an exception to prohibited supports in the new lists, this process still needs to be co-designed. A new type of support called ‘foundational supports’ will provide support outside the NDIS, but there is very little detail currently available.
- New planning framework: A new planning framework will be implemented for those receiving a new NDIS plan, requiring needs assessments and budget setting processes. These new processes will be co-designed with people with disability.
- Debt recovery powers: The are new powers to recover debts if funds are used for prohibited supports, raising concerns about potential misuse of these powers.
- Change won’t start right away: Some changes will start very soon, while other changes will start after undergoing a co-design process. It is not clear exactly how current NDIS plans will be changed, if at all
1. What are some of the key issues with the Bill?
There were many issues with the Bill, with some of the major issues being the introduction of lists that will decide what is and is not a support that can be accessed by a NDIS participant, new budgeting and needs assessments, and new power for the National Disability Insurance Agency (NDIA) to recover a debt. There are other issues, but these are the big issues and will be explored further below.
2. How will the lists affect me?
The lists will outline what you can and can’t use NDIS funds for. This might make it harder if you have multiple conditions and impairments or have complex disability and need certain types of support. For example, if you rely on hydrotherapy to manage pain and improve mobility, but it’s not on the approved list, you might not get funding for it anymore.
3. Why were the lists created?
The Australian Government have said they are introducing these lists to formalise existing guidelines around what disability supports the Australian Government thinks they should pay for through the NDIS. The Australian Government also think that other disability supports should be funded by other governments like state and territory governments (see Question 17 for more info about this).
The desire to formalise what is and is not a NDIS support comes at a time when the Australian Government also wants to reduce the amount of spending on the NDIS. The introduction of the lists was strongly opposed by PWDA and the disability community. There was also extremely limited consultation on the lists.
4. Are the lists finalised?
At present there are no final lists. Last week, consultation on draft versions of the lists closed and PWDA provided a submission responding to the draft lists. With the consultations now closed, the Government will consider the feedback received, including PWDA’s submission. The Government expects to finalise their review of the feedback by the end of next week (by September 6) and finalise the lists. We expect and recommend the Australian Government should come back to DROs like PWDA to consult with us on how they’ve incorporated the feedback into the final lists. If you have more feedback on the lists, let us know what you think!
5. When will the lists come into effect?
Once legislation receives Royal Assent, the changes can come into effect 28 days later. On 5 September the NDIS Amendment Bill received Royal Assent, meaning the changes will come into effect on 3 October 2024.
There will be new rules for NDIS supports starting on 3 October. The rules will include new lists of supports explaining what can and cannot be funded under the NDIS.
- A list of approved NDIS supports
- A list of prohibited NDIS supports
The Department of Social Services (DSS) is still finalising the lists after reviewing thousands of submissions, including one from PWDA.
6. What if I really need access to a support that is prohibited under the lists?
PWDA and other DROs raised this and there was finally recognition by the Australian Government that a process needs to be in place to seek an exception to the lists, so a prohibited support can be accessed by a participant. At present, the process has not been created and the Australian Government intends to work with the disability community to develop the process.
However, developing the exception process will take time so there will be a time lag between when the NDIS changes will start and when the exceptions process will start. We do not have detail on what will happen in the interim, but we have sought clarification and would expect that there will be no changes to your NDIS supports in the interim. If your supports do change, please contact PWDA and let us know how it’s affecting you.
7. What are the changes to needs assessments?
With the new changes, there will be a new planning framework. Therefore, there will be two types of NDIS plans: an old plan and a new plan. If you receive a new plan, then a participant will need undergo a new needs assessment that the NDIA will pay for.
PWDA has concerns about how the needs assessment will be done, and we recognise that assessment tools are not perfect for all impairments and conditions, but the good news is the needs assessment will be co-designed with people with disability. So right now, we don’t know exactly what the new process will look like, but we will continue to advocate that the process considers a person’s whole circumstances.
There should be no changes until the needs assessment process is finalised.
8. What are the changes to setting a plan budget?
For those developing a new plan, the plan budget will be decided by a new budget setting process informed by the new needs assessment discussed above. The exact way the new budget setting process will work has not be finalised, and like the needs assessments it will be co-designed with people with disability. This means there should be no changes to how your plan budget will be set until the new budget setting process is finalised.
9. What happens if you have a current plan?
If you have a current NDIS plan, then the plan will continue until it finishes. The Government has advised PWDA that all access and planning processes, decisions and supports will continue as normal, and participants should continue to spend in line with their current plans. This should not change until new rules are developed.
We are still clarifying whether supports that you currently receive in your current plan, that may eventually be prohibited once the lists discussed above are finalised, can still be accessed through your current plan. Once your plan finishes, you will develop a new plan in the new planning framework discussed above. This means eventually all NDIS participants will transition to the new planning framework and receive a new NDIS plan.
10. What is the new debt recovery power all about?
The NDIA will soon be able to recover a debt from a participant if they use their funds to access a support that is prohibited by the new lists. We have shared concerns about how this new power will affect people with disability, especially in punitive or cruel ways as we don’t want Robodebt 2.0. We will continue to work with the Government to ensure there are sufficient measures in place to ensure the new debt recovery power is not abused.
11. I heard there were changes to how a person’s NDIS plan will be managed if you have a criminal conviction. Is this true?
Yes, there will be changes to follow, following an amendment put forward by the Opposition. For those who have a conviction with a maximum punishment of two years or more, or those who have otherwise been involved in fraud in dishonesty, will now only have their NDIS plans managed by the NDIA (agency managed). This means being self-managed or having your plan managed by a plan manager will no longer be a choice. PWDA and other DROs strongly opposed this change.
12. Will sexual supports be cut?
An amendment in the Bill was put forward to prohibit access to sexual services, alcohol and illegal drugs, and unfortunately this amendment was passed. PWDA has been a long-term supporter of ensuring people with disability can access sexual supports and therapy, and so we were devasted to hear this change occurred. We will continue to fight for this basic human right.
13. Will I lose housing support?
Some housing supports may not be provided, with some supports like short-term accommodation being flagged as potentially being prohibited in the new lists. However, we reiterate that the lists have not been finalised and so if you are worried about your access to a housing support, first contact the National Contact Centre to see if and how you’re affected, and secondly contact policy@pwd.org.au with your feedback so we can represent your views as the lists are finalised.
14. Will I lose access to some therapies?
Like housing supports, some therapies may not be provided in the future. If you are worried about your access to a therapy, first contact the National Contact Centre to see if and how you’re affected, and secondly contact policy@pwd.org.au with your feedback so we can represent your views as the lists are finalised.
15. Will I lose access to assistive technology?
There are some assistive technologies like smart watches and smart phones that have been flagged as potentially being prohibited in the new lists, but it will depend on the individual case. If you are worried about losing some AT, first contact the National Contact Centre to see if and how you’re affected, and secondly contact policy@pwd.org.au with your feedback so we can represent your views as the lists are finalised.
15. Will my social and community supports be cut back?
It will depend on the individual case. Like the other supports potentially being prohibited, if you are worried about losing some supports you need to participate in the community, first contact the National Contact Centre to see if and how you’re affected, and secondly contact policy@pwd.org.au with your feedback so we can represent your views as the lists are finalised.
17. If I am potentially going to lose supports, where will I get the supports instead?
PWDA is very concerned about this too. It’s one of the main reasons why we opposed the changes in the first place! You may have heard that there will be new types of supports called “foundational supports”, that will be available to all people with disability and not just those on the NDIS.
Some supports that you may have accessed in the past through the NDIS may be accessed through foundational supports, but at present there is no exact detail on what a foundational support is!
However, we expect foundational supports will include supports you can access through mainstream systems delivered by every state and territory governments, for example the education system. We also expect foundational supports will also include supports that all people with disability to access. A potential example of this could be accessing mental health supports through community mental health.
What exactly a foundational support is will be decided between the Australian and state and territory governments, and all we know right now is that there is re-confirmed agreement between the Australian and state and territory governments that they will co-fund and deliver foundational supports.
PWDA will continue to advocate for equal access and quality supports outside of the NDIS, so that there will be no gaps in supports and supports won’t be worse outside the NDIS.
Have other questions?
If you have any other questions, you have a few options:
- You can read more about the changes on the NDIA website here.
- You can contact the National Contact Centre on 1800 800 110 to find out how you will be individually affected. Press 1 for a dedicated hotline.
- Contact PWDA via policy@pwd.org.au or call us on 1800 422 015.
National Relay Service
If you’re deaf, hard-of-hearing or have a speech communication difficulty, you can contact us through the National Relay Service online or call 133 677 (landline or TTY only) and provide 1800 422 015.
For an interpreter
Call the Translating and Interpreting Service on 131 450 and ask them to call People with Disability Australia.
The above changes can be distressing. PWDA was devastated to hear the changes were going to happen after we strongly opposed the changes. Please remember to take good care of yourself and do what you need to look after yourself. If you need support, there are a few options:
- Lifeline – Call 13 11 14 or use the Webchat through their website for crisis support and suicide prevention services if you are experiencing a personal crisis
- Carer Gateway – Call 1800 643 787 or visit their website for a wide range of help, including counselling and peer support groups
- National Disability Abuse and Neglect Hotline – Call 1800 464 800 for free, independent and confidential reporting of abuse and neglect of people with disability
- 1800 RESPECT – Call 1800 737 732, text 0458 737 732, or use the Webchat through their website, for support if you have been impacted by sexual assault, domestic violence, family violence, or abuse
- Beyond Blue – Call 1300 22 4636 or use the Webchat through their website for support, information and referrals if you are experiencing symptoms of depression or anxiety, or experiencing a difficult time
- Blue Knot Helpline – Call 1300 657 380 to speak with a trauma counsellor if you have any experiences of childhood trauma
- QLife – Call 1800 184 527 or use the Webchat through their website for anonymous and free LGBTIQ+ peer support and referral
- 13YARN – Call 13 92 76 to speak with an Aboriginal or Torres Strait Islander Crisis Supporter