Submission to National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No.1) Bill 2024

Mental Health Australia made a supplementary submission to the Inquiry into the NDIS Amendment (Getting the NDIS Back on Track No.1) Bill. The submission highlights issues raised in Mental Health Australia’s first submission that were yet to be addressed. This includes amending the National Disability Insurance Scheme Act 2013, to ensure that accrual of a debt is a last resort after assistance has been provided to a person to identify what is and is not a NDIS Support. It also includes amendment of the Bill so that decisions to revoke a person’s NDIS participant status or suspend development of a new framework plan (following an information request not being complied with), are a last resort after assistance has been provided. The submission also recommends that in requesting a participant to undergo an assessment or a medical, psychiatric, psychological or other examination, the CEO should have to be satisfied that it would not cause undue harm, distress or upset to the participant. Mental Health Australia also recommended the participant should be able to choose the person undertaking the assessment or examination and that costs for assessments or examinations be borne by the National Disability Insurance Agency.

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Mental Health Australia recently made a submission to the Senate Community Affairs Legislation Committee on the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No.1) Bill 2024. Mental Health Australia supports the Bill, which puts in place the scaffolding to begin implementation of the NDIS Review’s recommendations. However, Mental Health Australia’s submission also makes recommendations to amend the Bill to ensure the views of key stakeholders are considered in parliamentary deliberation of future legislative instruments foreshadowed by the Bill. The submission also makes recommendations to prevent potential unintended consequences of the proposed changes. This includes clarifying what is and is not considered a NDIS support. It also includes balancing what appears to be overly punitive action for failing to comply with a request for information with provision of assistance to NDIS participants to comply with a such a request. The submission also suggests a change to the legislation to enable the provision of the needs assessment report to the NDIS participant and or their family, carers or supporters, where this is the participant’s preference, prior to it being submitted to the NDIA. The submission also highlights an opportunity that the Bill presents in paving the way for alternative commissioning to occur.