By Achieve Australia CEO, Jo-Anne Hewitt
4 December 2024
Protecting people’s rights in the NDIS is going to take more than a ‘tough cop on the beat’
Given the major changes coming for NDIS provider registration and safeguards, the NDIS needs to use both tough regulation and preventative practice to protect the rights of people with disability.
Our community expects 3 things from the NDIS:
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People with disability should be safe.
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Government funds are invested in high quality evidence-based services, delivered by trained staff.
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The Federal Government ensures service providers deliver supports in ways that protect NDIS participants’ safety and improve their quality of life.
The new NDIS regulatory model must uphold these expectations.
I would be the first to say the NDIS needs a ‘tough cop’ to protect participants, but the Federal Government must place equal emphasis on preventing unsafe practices happening in the first place.
However, the current system is missing opportunities every day to ensure people with disabilities are safe. The Federal Government needs to create a system that safeguards those most at risk and empowers people with disability to exercise choice and control.
We aren’t waiting for the Federal Government to act
Innovative providers like Achieve are doing this now but we need leadership from the Federal Government to ensure every NDIS participant can enjoy the same benefits and protections.
At Achieve, we have strong systems that protect the rights of people with disability. The programs and services we invest in show how we can fulfill the promise of the NDIS.
For example, our Quality Champions program puts the principle of ‘nothing about us without us’ into practice. We elevate the voices of people with disability to tell us about the quality of the services they receive, guided by Achieve staff with lived experience of disability.
People can make informed decisions about the services they receive and provide feedback about any changes they would like to see. Our Quality Champions pass this feedback to our service delivery teams and then check back with people at a later date to ask how any changes made as part of this process are working for them. This is missing from current NDIS regulatory protections.
Our advocacy on the NDIS Bill No. 2
We are currently looking at the NDIS Quality and Safeguards Commission’s proposed changes to the NDIS Act, as part of the second round of legislative amendments (Bill No. 2). Achieve is sharing how we how we invest in quality and innovation across our services to protect the rights of our clients.
We are keen to see 6 key changes from the NDIS Commission:
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The new regulatory system should uphold the autonomy of people with complex and acute needs.
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The Bill must outline the duty of care to NDIS participants for key Federal Government decision makers and service providers in higher risk settings.
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The NDIS Commission should be required to investigate and make findings about NDIS complaints within 12 months.
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Support coordination should be subject to similar compliance obligations to direct service provision.
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The NDIS Commission must require service providers to complete ongoing proactive risk assessment and evaluation to protect the rights and choices of NDIS participants.
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A service provider’s NDIS registration and compliance requirements should be based on the level of support provided to their NDIS client with the highest/most complex needs. This should also be forecast by the NDIS Commission to ensure additional compliance requirements can be reflected in the NDIS Annual Pricing Review.
Deterrence is not enough
It’s clear that cultural change is needed at all levels, led by people with disabilities and driven by investment in quality and innovation.
I encourage providers to share how you are delivering this type of change now.
It’s going to take our whole sector to unlock the full potential of the NDIS for people with disabilities.