David Tune's Review of the NDIS Act: A Snapshot
Last year, the Government promised to develop an NDIS Participant Service Guarantee to be effective 1 July 2020. The aim of this Guarantee will be to simplify NDIS processes and remove legislative barriers in order to improve participants’ experiences with the scheme. To help develop the Guarantee, the Government commissioned an independent review of the NDIS Act. This review was carried out by David Tune, a retired senior Australian public servant. The review report was given to the Government in December 2019, and was released to the public in January.
What the review found: Problems to address
The report begins by acknowledging that while the NDIS has improved many participants’ lives, the implementation of the scheme has been bumpy. The pressure on the NDIA to roll out the scheme across Australia has led to negative participant experiences. Tune outlines some of the problems with the scheme’s operations:
The lack of transparency, consistency and timeliness in decision making by the NDIA.
The poor experiences reported by people with disability (PWD) when working with NDIA staff and its’ Partners in the Community (LAC’s).
The NDIA’s lack of adequate tools, processes and qualified workforce is not responsive to PWD.
Its delivery does not work well for all groups such as those with psychosocial disabilities and global developmental delay (intellectual disability). The legislation around these groups lacks clarity and flexibility. NB: 70% of participants in the scheme have an ID.
There is a lack of clear definition about what is ‘reasonable and necessary.’
The legislation is unclear on when the NDIA will make decisions. This is a major source of anxiety and frustration for many PWD.
Recommendations
In response to these problems, Tune's report includes 29 recommendations. If implemented, these recommendations will improve the operations of the NDIS so it can reach its potential. Below are some of the recommendations we think will make a big difference if implemented.
Streamlining of operations
Tune's 2nd recommendation is for the NDIA to trial an arrangement where all planning is undertaken with someone who can approve a plan. This would reduce the number of people involved in the planning process, meaning plans can be approved faster. Local Area Coordinator Partners in the Community would move closer to their originally conceived roles of supporting participants to implement plans and find services.
Another recommendation addresses concerns about lengthy waiting times. The recommendation states that plans should be facilitated and approved within the time frames in the Participant Service Guarantee. Tune has put forward time frames for the Guarantee. If you would like to know more about these, take a look at The Review.
Providing greater clarity
The Review proposes the NDIA prioritise ICT upgrades so PWD can track the status of processes relating to them. Also, accessible versions (easy read) of legislation should be published to help PWD understand the legislative basis of the NDIS.
Another recommendation urges Government and the NDIA to provide clarity on what is 'reasonable and necessary.' The Review suggests the NDIA publish information about how it determines when a support is 'reasonable and necessary.' It also proposes the NDIS Rules and Act are updated to clarify operational boundaries between the NDIS and mainstream service systems.
Psychosocial disability
The 8th recommendation addresses the problems with legislation regarding people with psychosocial disability. It proposes the NDIS Act and Rules are amended to provide clearer guidance for the NDIA in considering whether a psychosocial impairment is permanent. The legislation should take into account that some conditions may be episodic or fluctuating, but still be “permanent” in nature.
Children with disability
There are a few recommendations regarding children with disability. One of them is for the NDIS Rules to recognise that the determination of ‘reasonable and necessary’ should account for the informal supports provided by families and carers. This addresses concerns that children do not always receive much funding for core supports because it is seen as a responsibility of parents. There is also a recognition that families and carers need access to supports in the home, other respites and resources in order to support children with disability in the home and community.
Greater flexibility
This recommendation suggests that the package of supports in a participant’s plan should be used flexibly. The Minister for the NDIS, Stuart Robert MP already committed to removing the distinction between core and capacity building in his NDIS plan last November. Another recommendation is for the NDIA to have the ability to amend a plan in appropriate circumstances.
While we have covered some important recommendations in this Blog, there are many more contained in the Review. If you would like more information, it is worth looking at the Review. We hope Tune’s recommendations will guide the Government in creating a workable Participant Service Guarantee, and ultimately improve the operations and quality of outcomes of the NDIS. We will keep you updated on how the Government responds to these recommendations over the coming months.
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