National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track) Bill 2024

04 June 2024

Ms BYRNES (Cunningham) (18:34): Like all good social and health reforms in this country, the NDIS was brought to life by a Labor government, back in 2013. Led by the now Minister for the National Disability Insurance Scheme, alongside people with disability, community organisations, advocates and governments, we worked hard together to make disability reform a reality. This bill, the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024, is legislative reform to return the NDIS to its original intent and improve the experience of Australians living with a disability as well as their families and carers. The NDIS once stood as one of the most life-changing reforms in our nation's history, serving as a beacon of support and empowerment for individuals living with disabilities and for their families. But, after a decade of decimation and neglect under those opposite, it is in desperate need of repair, and there is a lot of work to do.

This landmark program represents a fundamental change in how disability services are delivered, placing the power of decision-making into the hands of those who need it most. As of March 2024, the NDIS supports just under 650,000 adults and children nationally. In the electorate of Cunningham there are 3,808 adults and children with a disability, with many of these people receiving support for the very first time. For individuals living with disabilities, the NDIS should offer a lifeline of support, providing access to tailored services and supports that address their unique needs and aspirations. Whether it's assistance with daily activities, access to therapies and treatments or support to pursue education and employment goals, the NDIS should empower individuals to live life on their own terms, with dignity and independence. This bill represents a pivotal opportunity to address challenges the scheme has been facing head-on and to refine and fortify the NDIS.

I have been working with and for the community since before the introduction of the NDIS. Whilst I have seen the amazing impact the scheme can have on people's lives, I have also seen instances of neglect, exploitation and criminal behaviour, which have been allowed to flourish under those opposite. I meet with people who are struggling to get the services they need and those who are paying too much for the services they are receiving. The problems we have inherited are twofold: too many people receiving funding are being exploited, and many more are still struggling to access the NDIS. It is a delicate balance, but we must get it right.

Unfortunately, I've also heard of many cases where people feel that there is a profound lack of compassion and empathy from the NDIA. I have heard heartbreaking stories from many participants of the NDIS as they have told of the difficult and demeaning process of continually proving, year after year, that they are still disabled, or even of having to provide proof of life expectancy to ensure the services that are being provided will meet value for money. It is heartbreaking to see families and participants subjected to such traumatising and dehumanising requests when seeking the life-changing care that they desperately need. I urge the CEO of the NDIA to ensure that staff listen to participants and their families, and to make sure they are afforded the care, respect and support they deserve, and in a timely manner. I hope to see the agency resolve cases as quickly as possible, without losing empathy and compassion when dealing with some of our most vulnerable people. Too many of my constituents have been further traumatised by the processes, the delays and the treatment by the agency, and it is imperative that this stop. As a government, we should never be putting families or participants through this. These distressed and vulnerable families should not have to fight so hard. They should not have to go to such lengths for basic care and support.

I knew when we were first elected that it was going to be a huge job to fix all of the problems caused by a decade of neglect and laziness by the previous government. I commend the minister for taking on this tremendous task. I know the minister gets it, and my community knows this too. He understands the problems that we inherited and the huge task that it is to get the NDIS back on track.

This bill represents an effort to address the negligence of the previous government and ensure that the NDIS remains a strong and responsive system for individuals with disabilities across Australia. Through the proposed targeted reforms and improvements, as outlined in this bill, it aims to strengthen the NDIS and uphold its fundamental principles of empowerment, choice and inclusion for all participants.

An independent review of the NDIS commenced in October 2022. Over 12 months they heard from about 10,000 people, received just under 4,000 submissions, spoke with more than a thousand people with a disability and spent more than 2,000 hours listening to their stories, their ideas and their feedback. From this extensive consultation period, on 7 December 2023 the final report was released, making 26 recommendations with 139 actions to change the system so it will better support people with a disability. These recommendations, along with the integrated actions, form a blueprint on how the government can make the NDIS more inclusive and accessible for all Australians living with disability.

From the recommendations and actions, this bill will offer significantly improved clarity on who can access the NDIS. It will facilitate improved early intervention pathways for individuals with psychosocial disability and children under the age of nine experiencing developmental delays and disabilities. It will improve how NDIS participant budgets are set, making them more flexible and providing clear information on how they can be spent. It will also strengthen the NDIS Quality and Safeguards Commission.

The bill will provide clarity to all new participants who will be entering the NDIS, through the introduction of three new categories. The NDIA will be tasked with advising these new participants of their entry into the NDIS, which will be under one of three categories: the disability requirements, the new early intervention requirements or a combination of both. These new categories will not only aid in the assessment of the participant's future support needs but also ensure the establishment of a reasonable and necessary budget that is tailored to those needs and will provide clarity to healthcare providers, carers and participants. The NDIS amendment bill lays significant groundwork for the development of a new pathway for participants entering the NDIS through early intervention requirements.

The government has heard feedback about the proposed new definition of NDIS supports in the bill and is proposing to introduce amendments that, if adopted, will replace the definition of NDIS support currently in the bill to clarify it and make it more accessible. By changing the definition, it will provide more clarity around the supports that can be funded by the NDIS and those that cannot. With this proposed change, we are getting the NDIS back to its original intention, which is to provide support to people with significant and permanent disability and to people who are in need of early intervention supports. This proposed change is consistent with the recommendations of the independent review into the NDIS in that it focuses on the needs of a participant rather than a diagnosis. The new definition makes clear the constitutional basis for the new budget based planning framework recommended by the review and provides clarity and consistency across the entirety of the act.

The Albanese Labor government is delivering on our commitment to build a stronger and more sustainable NDIS by providing a further $468 million to get the NDIS back on track. We are also investing $45.5 million to establish an NDIS Evidence Advisory Committee to build more evidence about what works for participants. This will ensure the supports provided under the scheme are beneficial, safe, evidence based and cost-effective. We are also investing $20 million to start preliminary consultation and design work to help people with disability navigate services. With close collaboration between people with disabilities, states, territories and key stakeholders, this will ensure that any proposed model is suitable and adaptable to the diverse needs of the disability community.

We've also committed $5.3 million to undertaking preliminary work to reform NDIS pricing arrangements to help ensure NDIS participants get a fair deal and to increase the transparency regarding how prices are set. There's also $213 million of recently announced funding to fight fraud and to co-design NDIS reforms with people with a disability. This investment builds on the $732.9 million provided in last year's budget. The government has already begun to take initial immediate steps in response to the historic review. This investment will provide the necessary framework needed to bring people with a disability together with government and other experts to support the implementation of the reforms.

The bill will usher in a new era of NDIS reforms that ensure the scheme can continue to provide life-changing outcomes for future generations of Australians with disability and to make sure that every dollar in the scheme gets to the participants for whom the scheme was designed. It will also bolster the power of the NDIS Quality and Safeguards Commission to protect participants from illegal and unethical conduct. This bill includes provisions to strengthen governance and oversight within the NDIS, aiming to enhance accountability and transparency in the management of funds and resources. This includes measures to clarify the roles and responsibilities of various stakeholders involved in the administration of the scheme, ensuring that resources are utilised efficiently and effectively to meet the needs of participants.

The NDIS amendment bill represents a commitment not just to fixing what is broken but to envisioning a more inclusive, responsive and resilient NDIS for the future. Today the NDIS is as much a part of our society's fabric as Medicare or superannuation. We have the responsibility to ensure that this scheme is putting people with a disability back at the centre of the NDIS, ensure that we restore trust and pride in the scheme and safeguard its sustainability for future generations.