22/08/2024
A recap on yesterdays NDIS announcement. Thank you The Growing Space
🗣️ SAM TRANSLATES: The New NDIS Act passed yesterday
🔔📢Here's what you need to know will change in about 5 weeks when it becomes law.📢🔔
1. Exclusion of Certain Supports/Services
The NDIS can now not pay for s*xual services, alcohol, or illegal drugs. (under the criminal code act definition s*xual services means s*x workers and p**n so it likely means s*xual aids or therapy are ok, unless they’re included on the “OUT” lists in the NDIS Rules, which are not final yet)
👍 The Upside: ✅No more ouzo shots (jk, I don’t personally know anyone buying booze or drugs with NDIS funds, but I do know it happens)
👎 The Downside: ⚠️ Some people will be restricted by this, and we will see some significant behaviour downturns and potentially greater restrictive practises instead). You can all blame Pauline Hanson and Hollie Hughes for the 🍆 stuff)
2. There needs to be an IN and OUT “NDIS Supports” list but you can challenge that list
➡️ The NDIS CEO can now approve supports from the OUT list and add stuff to the IN list for an individual, but ONLY if the thing replaces other NDIS Supports AND is the same cost or cheaper AND is as good or better for you AND you get approval by an as yet undetermined process.
👍 The Upside: ✅ You might still be able to get supports that better fit your needs, even if they are in the naughty list.
👎 The Downside: ⚠️ You’ll no doubt have to do more paperwork to prove you need a certain support and that it meets that criteria above, adding to your paperwork burden and stealing all your spoons AND, if the NDIS come back with a no, it looks like you can’t appeal that decision.
3. More Transparency in Rules and Rule Making
➡️ The Government must be more open about changes to NDIS rules. They must also involve the community, and get a majority of the States to agree.
👍 The Upside: ✅ It will be easier to know when you’re breaking the law.
👎 The Downside: ⚠️ Keeping up with these changes and being involved might take up more of your time, which can be tiring if you’re already burnt out and busy managing your own life.
4. Notice of Impairments
➡️ You’ll get a written notice explaining which of your impairments/disabilities qualify you for NDIS supports.
👍 The Upside: ✅ This gives you clear information about why you’re eligible, which can help you know to ask to add other disabilities, if needed.
👎 The Downside: ⚠️ It will no doubt feel like you’re being boxed into specific categories, which will likely limit the supports you can access. Adding other disabilities will surely also mean more (expensive) appointments and paperwork for you.
5. Written Requests and Reasonableness in Compliance
➡️ If the NDIS asks you to provide documentation, you must provide it. This might include evidence of claims, or disability related reports etc. They can suspend your NDIS Plan if you don’t respond (after giving you fair chances).
👍 The Upside: ✅ This helps keep those who are more vulnerable safe from predators who are draining their plans.
👎 The Downside: ⚠️ More paperwork. More paperwork. More paperwork. And who knows how long it will take to process stuff
6. Inclusion of Indigenous persons in board appointments
👤 The NDIS board must include at least one Indigenous person.
👍 The Upside: ✅ This helps make sure Indigenous voices are included in NDIS decisions.
👎 The Downside: ⚠️ None. This is the right thing to do.
7. Regular Updates on NDIS Statistics and $$$$
➡️ The NDIS has to publish monthly updates on spending and the number of people in the scheme.
👍 The Upside: ✅ You can see how the NDIS is tracking, and if these law changes actually make a difference to scheme sustainability or not.
👎 The Downside: ⚠️ These updates show problems like budget cuts or changes in priorities, and you might (rightfully) freak out about how it could affect your support in the future.
8. "Whole plans" are now what's "reasonable and necessary", not individual supports and services.
➡️ The NDIS will now be able to use a tool/tools which are not yet made to decide a total funding package. The way all this happens is to be designed with community consultation.
👍 The Upside: ✅No more haggling over each little thing. This *should*, in theory, increase plan flexibility.
👎 The Downside: ⚠️ We worry about the tools they'll use, who will use them and that people won't get the funding they need to live good lives.
Other Changes:
• Debts raised against you can be waived if they weren’t intentional or were caused by someone else, but not just because you can’t afford to pay.
• Claims for expenses from more than two years ago cannot be made, to prevent the shonkies cleaning out old plans.
• The NDIA now has more power to switch people’s Plan Management style, but they still aren’t allowed to do it w***y nilly.
• I do not see any changes in the Act around Provider registration requirement changes, despite what the Minister said. I don’t think they need changes to the Act to make that happen though I could be wrong on this!
You’ve all got until 5pm Sunday night to submit your thoughts about the OUT and IN Naughty and Nice transitional NDIS Supports Lists, so get on it! You can do a short survey, or email them your rant. DO IT!
A version of those transitional lists will be law in about 5 weeks, and will remain as law until the majority of States agree on a permanent version, designed with consultation (not co-design) with the disability community.
I AM NOT A LAWYER – and I’ve had one night to review all this and consult with people who are smarter than me, so this will not be 100% accurate! And everything here is paraphrased in my words – it’s not legally correct or advice! I will do my best to refine this over the coming weeks, in all my spare time. lol. lol. lol.
Pic desc: a photo of the Senate chamber, all in red carpet and wood, with no-one in it.
