Submission: Proposed NDIS legislative amendments

Danila Dilba Health Service's submission to the proposed amendments to the National Disability Insurance Scheme Act 2013 (Cth) (NDIS Act) and Rules under the NDIS Amendment (Participant Service Guarantee and Other Measures) Bill 2021.

DDHS largely welcomes the proposed changes to the NDIS. Our submission focuses on the amendments that require further change to better service clients, increase their autonomy and involvement throughout the decision-making processes, and better achieve the goal of removing ‘red tape’. 

Throughout our submission we make the following recommendations: 

1. Section 47A be amended so that a CEO cannot vary a participant’s plan without an appropriate level of consultation with the participant commensurate to the degree of variation. 

2. Section 48 be amended to allow participants to: 

a. Request reassessments of their plans; and 

b. Require that participants are consulted where a CEO conducts a reassessment of their plan. 

3. The necessary legislative amendments be made to require that all outcomes of reviewable decisions and the reviews of a reviewable decision include a statement of reasons for the decision in plain English and with the option for the participant to receive the reasons in a verbal explanation. 

4. Section 45 provide clarification that self-managed participants can continue their existing payment methods or vary their payment methods. 

5. The necessary legislative amendments be made to adequately recognise disability arising out of chronic diseases. 

7 October 2021