13/04/2022
Sam Translates: NDIS Act Changes
It’s taken me a while to digest the changes to the NDIS Act, but I think I’ve narrowed down the parts that are most impactful to disabled people and families/carers. This does NOT cover all changes.
1. Plan reviews are changing.
When you need an error fixed, or a piece of equipment added, or to change the money management, or there’s crisis or emergency and funding needs to be added, this will be called a *Plan Variation*. Plan Variations won’t give you a whole new plan with new dates – just the “thing” will be changed or added as above.
When a participant asks for a Plan Variation, the NDIS won’t be allowed to review/give you a whole new plan (Plan Reassessment), unless you agree. This is good thing as before it was scary to ask for a minor change in your plan in case the NDIS decided to do a full review and reduce your plan funding)
*Plan Reassessment* is the same a full plan review.
2. Plan Management changes
Plan Management has been sort of lumped in with Self Management, in that the NDIS will do a “risk assessment” to decide whether or not you’re allowed to be Plan Managed (which they’ve always done for Self Managers). NDIS did this because they want to protect some participants from unscrupulous providers. I’m not at all thrilled with this change (especially since we don’t know what that risk assessment looks like – the Act just says if it “presents an unreasonable risk”), but can see where it came from. The issue will be how they decide who is allowed to be Plan Managed.
3. Doing sh*t in humane timeframes (Service Guarantees)
The new legislation means the NDIS needs to stick to certain timeframes and they need to communicate their decisions and reasons for their decisions. They’ve already started to do this, but I think it will be impossible for them to honour these requirements without the government lifting their staffing cap.
4. Conflict of interest
NDIS can now do the opposite of STATED SUPPORTS – so they can STATE in an NDIS plan that a certain provider IS or IS NOT allowed to deliver certain supports or services. This is a good thing and will help reduce conflicts of interest for some providers who are not doing a great job. This does have the potential to reduce choice and control, but I can’t help but think that if Annie Marie Smith’s plan said that “Integrity” care were not allowed to deliver all her services, she would still be alive. I suspect this is also the first step (and I hope so) to not allow Support Coordinators and Core Supports to be delivered to the same participant by the same provider.
5. NDIS being decent humans (engagement principles)
I find this one a little weird, because the changes here are so broad it’s hard to see how you could enforce them? But, it is good to see the ideas of transparency, respect, responsiveness, empowerment, connectedness and co-design embedded into the Act, even if they’re not well defined.
6. Filling gaps in services/supports (Market Intervention)
This one means the NDIS is now allowed to block fund or contract out some services and supports in areas where there just aren’t providers available, and for when providers to be viable, need some guaranteed work. It also applies to some early intervention work.
7. Scheme Access for Episodic disability
The old Act was written in a way that people with episodic Psychosocial disability could get into the NDIS, but not people with other types of episodic disabilities. The new changes means that people with other types “episodic” disabilities (not just psychosocial) can also be considered for access to the scheme. There is also more clarity around people with psychosocial disability being potentially eligible for early intervention access to NDIS.
There are some other changes to the Act – mainly to do with getting rid of (now outdated) stuff that was about the gradual rollout of the scheme, which just isn’t relevant now the scheme is available in all states.
When does this all start to happen?
Most of the juicy stuff will be in place on the first of July, with a few of the more administrative changes already in place, or will be in the next week or two.
If you’re a Legislation or Policy Wonk, in the comments I’ll put a bunch of links for you to explore further – including a link to the legislation, and the speeches given by the pollies in Parliament as it went through the Houses.
Thanks for bearing with me!
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Pic description: a photo of Sam’s backyard showing her sneakered feet up on an upturned plant pot, with a printup of the legislation on her lap. There is greenery and very sad looking large stuffed dog toy on the lawn in the background.
