House debates

Thursday, 30 May 2024

Bills

National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024; Second Reading

1:12 pm

Photo of Tracey RobertsTracey Roberts (Pearce, Australian Labor Party) Share this | Hansard source

I rise in support of the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No.1) Bill 2024. In doing so, I wish to acknowledge the hardworking commitment of the minister and everyone involved in providing critical advice so that we can help to secure the future of the NDIS.

The NDIS stands out as one of our nation's most significant social reforms in recent history. It aims to provide Australians living with disability the necessary support and resources to lead fulfilling lives. Its inception traces back to a culmination of advocacy, policy debate and recognition of the need for a more equitable and person-centred approach to disability support. As the minister stated in his speech, the Labor government in 2009 commissioned a report entitled Shut out to help the government move the analysis and debate about people with disability in Australia. He said that what was uncovered was intensely moving and profoundly shocking as it painted a picture of people with a disability being isolated and alone—their lives a constant struggle for resources and support. Further, an article written about this report at the time said, 'People were now finding themselves shut out—shut out from housing, employment, education, health care, recreation and sport; shut out of kindergartens, schools, shopping centres and community groups.' This is clearly unacceptable.

The roots of the NDIS can be found in Australia's long history of disability policy and advocacy. Prior to the establishment of this scheme, disability services in Australia were fragmented and inconsistent across states and territories. Many individuals with disability faced significant barriers in assessing necessary supports, leading to disparities in outcomes and opportunities. The efforts to reform disability support were fuelled by the growing understanding of disability as a social issue requiring systemic change, rather than merely a medical or individual concern. Following extensive consultation and negotiation, the National Disability Insurance Scheme Act 2013 was passed by the Australian parliament, with bipartisan support. The act laid the groundwork for the NDIS, outlining its objectives, governance structure and funding arrangements.

The NDIS officially commenced its rollout in 2013, starting with trial sites across various locations in Australia. These trials allowed for the testing of different aspects of the scheme, including eligibility criteria, planning processes and service delivery models. The insights gained from the trials informed the ongoing refinement and implementation of the NDIS on a national scale. Since its inception, the NDIS has progressively expanded its coverage, with around 660,000 participants currently.

The scheme operates on the principle of individualised funding, whereby participants have greater control and choice over the supports and services they receive. As we are aware, central to the NDIS is the concept of choice and control, empowering participants to determine their goals and aspirations and make decisions about how they wish to achieve them. The person centred approach represents a change in thinking in disability support, moving away from one-size-fits-all towards greater flexibility and responsiveness to individual needs and preferences. People with disability should have the support they need to participate in our community. They deserve a fair go.

While the NDIS has brought about significant improvements in the lives of many Australians with a disability, it has also faced challenges and criticisms, and, frankly, has not delivered on its original vision. Dealing with the NDIS should not be a battle, and you most certainly should not have to prove year after year that you still have a disability. As the minister stated, the Albanese Labor government promised to make the NDIS a priority and not penalise people with disability for wanting to live fulfilled lives; promised to put more people with disability on the NDIA Board and conduct a root-and-branch review of the scheme; promised to make the scheme sustainable so that future generations of Australians with disability would have an NDIS to access; promised to ensure that every dollar was going to people for whom it was intended—NDIS participants; and promised to restore trust in the scheme. It is encouraging that work has begun to ensure that we deliver on our promises, but, while our government has achieved a lot in a short period, there is more to do.

The bill before the House amends the 2013 act to do the following things. It will require the National Disability Insurance Agency to provide participants with a clear statement of the basis on which they entered the NDIS, by meeting either the disability requirements, the early intervention requirements or both. It will clarify and expand the NDIS rules relating to access provisions. It will create the new reasonable and necessary budget framework for the preparation of NDIS participants' plans. It will provide for the needs assessment process and the method for calculating the total amount of the participant's flexible funding and funding for stated supports for new framework plans to be specified in legislative instruments and NDIS rules. These will be developed in consultation with people with disability, the disability community, health and allied health technical professionals and with all states and territories. It will insert a new definition of 'NDIS supports', which will provide a clear definition of the authorised supports that will be funded by the NDIS and those that will not. And it will insert measures focused on protecting participants.

As the minister has indicated, this bill is only a first step in the process of reform outlined in the NDIS review panel report, and there remains an enormous amount of work to do, together, to implement the reforms. The Albanese government are committed to engaging and consulting with people with a disability, their families and carers, representative organisations, service providers, unions and the broader community to help us achieve the four goals as outlined: (1) that the NDIS provide a better experience for participants, (2) that the scheme be restored to its original intent to support people with significant and permanent disability, (3) that the scheme be equitable, and (4) that the scheme be sustainable.

I have listened to my constituents living with disability and heard of their frustrations in dealing with the scheme. My constituents know their disability best, and the scheme needs to acknowledge this. That said, everyone will need to manage their NDIS budget, and we will be clear about what supports can and cannot be funded by the NDIS to help participants make informed choices. To provide reassurance, the minister, in his second reading speech, stated:

If you have a significant and permanent disability which has quite an impact on your functioning, you will be covered by the NDIS. If you have a developmental delay which can be supported by a means of support other than an individual package, you will get what you need.

I also reflect on the task ahead and some of the issues faced by people living with a disability. A local resident wrote to me recently about the disability sector often being overlooked and issues not being addressed. She raised the need for adequate toilet facilities, saying there are only a few changing places where there is a toilet that is suitable for those with severe mobility issues, and that these should be provided at every major shopping centre and all libraries so that people with a disability are not treated any differently. She raises concerns about the rights to an education and said her daughter is basically babysat at school, with no-one held accountable for inappropriate comments or mistakes, and that we should ensure that places are made available for suitable courses for people with intellectual disability. My constituent wants actions at the coalface so that people with disability can finally be proud of who they are and not feel marginalised, stating, 'My daughter has the right to become a valuable citizen in the local community and has the same rights to access all the social determinants of health as those who don't have an intellectual disability.

There are often particular challenges living on the fringe of a metropolitan city, where services can be limited. Within my electorate of Pearce is an example: residents in Two Rocks and Yanchep living with disability come to mind, as I know that their choices are often not as comprehensive as those living elsewhere. I am, therefore, hoping that as the NDIS reforms progress, we are able to increase the number of providers who can offer high-quality support for my local residents living with a disability, especially where services are currently somewhat limited.

It is clear from issues raised with me and from reports we have received that there are still many challenges ahead that cover many facets of living with a disability and of society as a whole. In terms of this bill, it is important for us to progress reforms, as the NDIS remains a beacon of hope for people with disability and their families. It embodies Australia's commitment to social inclusion, equality and dignity for all citizens.

There is hope. Sally, a constituent with MS, recently wrote to me about her NDIS experience, saying that, while she found the application form a little intimidating, she went to an agency which made it simple, and was surprised at just how quickly she was approved, and was happy with the process. She said understanding the different categories on her plan was confusing; however, she felt she had much support with account management and more from her support coordinator and client liaison coordinator, which is pleasing to know. Sally said accepting support did not come easy for her, but she had come to realise that for her it had proven to be essential and relieved any concerns that she had. Sally advised that she was still assessing different categories and applying for aids within her home, and that her OT was amazing and extremely helpful. She recently secured hand rails for her shower and entry way through the NDIS, and says she could not explain just what a difference these small aids had made to her living. She gave thanks to the NDIS for making her life better now, knowing it would do so in the years ahead.

The Albanese Labor government wants every Australian like Sally to live a life of independence and dignity, and I want all my constituents in Pearce with a disability to enjoy community life, being connected to others, having improved and knowing that they are safe and supported. For me, it is about basic human rights: no-one wants to feel excluded, shut out for everything that other Australians take for granted. As the scheme continues to evolve and mature, it holds the potential to transform not only the disability support system but also all attitudes and perceptions towards disability in Australian society, which is incredibly important. I commend the bill to the House.

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