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<h2 class="PostCard__PostCardTitle-sc-1tp6ahk-4 RXsst">NDIS Amendment Bill 2024</h2>
<p><strong>Updated 4 July 2024</strong></p>
<p>On Wednesday 27 March 2024, Minister Bill Shorten introduced the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024.</p>
<p>But what has happened since then? What&#8217;s likely to happen next? In this article, we help break down what the Bill is about, explore some of the key proposals, and predict the next possible steps.</p>
<h4 class="mditem" style="margin-bottom: 9.0pt; background: white;"><strong>What is the purpose of the Bill?</strong></h4>
<p>The Bill seeks to amend the original NDIS legislation, created in 2013. Basically, it seeks to convert the recommendations from the NDIS Review into law.</p>
<h4><strong>What are some of key proposals?</strong></h4>
<ul>
<li>All NDIS participants will be moved to the revamped scheme over the next five years. The changes include a new assessment of the needs of each participant (not their eligibility) and then providing them with a budget that will last <em>up to</em> five years.</li>
<li>This is principally designed to eliminate plan inflation associated with the current practice of giving each participant a new plan every year, which is often more expensive than the year before.</li>
<li>Funding will be allocated based on impairments that meet disability requirements, not by having a listed medical condition that guarantees entry to the scheme.</li>
<li>The NDIA will be required to provide participants with a clear statement of the basis on which they entered the scheme.</li>
<li>The legislation defines the supports that will be funded by the NDIS and those that will not. The latter will include such items as groceries, paying bills, gambling, cosmetics, appliances, whitegoods and perfume.</li>
<li>There will be new safeguards to stop the exploitation of participants and the scheme. For example, if a participant is being manipulated by a carer who is managing their plan (ie. so the Carer can defraud the scheme), then the agency will take over managing the plan for the participant.</li>
<li>The agency <em>could</em> also change Plan Management processes as well, by imposing shorter funding periods “to safeguard participants where others may seek to exploit or coerce the participant to use their package in a way that is not consistent with their best interests”.</li>
<li>To further guard again such fraud, the agency can clarify the supports on which a participant can only spend money in accordance with their plan. This will help guard against the deliberate spending of an entire budget early and then asking for, and receiving more money.</li>
</ul>
<h4><strong>What’s the current state of play?</strong></h4>
<ul>
<li>On 5 June, the NDIS Amendment Bill was passed the House of Representatives.</li>
<li>On 20 June, the Community Affairs Legislation Committee handed down their report on the NDIS (Getting the NDIS Back on Track No. 1) Bill 2024, which is <a href="https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Community_Affairs/NDISAmendment2024">available here</a>.</li>
<li>The Labor-majority Committee recommended the Bill be passed, subject to some minor amendments.</li>
<li>On 24 June, the Bill was introduced into the Senate and commenced the second reading debate. In that debate, opposition Senator Hollie Hughes (Liberals) moved an amendment which referred the Bill back to the Community Affairs Legislation Committee for further inquiry and to report by 5 August 2024.</li>
<li>The Greens then amended that opposition amendment to specify that the Committee should examine any circulated amendments to the Bill and the positions of state and territory governments.</li>
<li>On 27 June, the Senate formally voted to refer the NDIS (Getting the NDIS Back on Track No. 1) Bill 2024 to Committee.</li>
</ul>
<h4><strong>What’s likely to happen next?</strong></h4>
<ul>
<li>As per the vote, the Bill has gone back to the Community Affairs Legislation Committee.</li>
<li>The Greens and the LNP asked for additional time for the new amendments to be considered by the Senate Legislative Committee, with an accompanying report due on August 5.</li>
<li>The Bill should go back into the Senate the week of 12 August.</li>
<li>Labor’s hands are tied as they simply don&#8217;t have the numbers in the Senate. They are going to have to bargain either with the Coalition or the Greens, plus two cross-benchers to get this through.</li>
</ul>
<p>Information referenced in this article has been sourced from the <a href="https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r7181">APH website</a> and various media reports.</p>


<h1>The NDIS Review</h1>
<p>On Thursday 7 December 2023, the final report of the NDIS review was released. The report maps out the Review’s recommendations to help restore trust, ensure the Scheme’s sustainability, and deliver a better NDIS experience for participants moving forward.</p>
<h3><strong>But what does it actually mean for NDIS participants?</strong></h3>
<p>The lengthy 329-page report includes 26 recommendations and 139 supporting actions, which are projected to be implemented over the next five years.</p>
<p>While the full Government response to the Review won’t be released until sometime in 2024, discussions with the disability community will continue over the coming months as the NDIS work together to make the positive changes needed for people with disability.</p>
<p>In a recent episode of his <a href="https://youtu.be/lYXlWwrTL_4">Reasonable and Necessary: Making Sense of the NDIS Podcast</a>, Dr George Taleporos, brings together Australia’s leading disability advocates to unpack the Review. Dr George, along with El Gibbs, Nick Avery, Jarrod Sandell-Hay and Sam Paior discuss all the big changes that are proposed, and what they might mean for you.</p>
<h3><strong>Here’s a snapshot of the Review’s recommendations </strong></h3>
<p><strong>Legislation:</strong> The Review recommended a range of legislative reforms to return the scheme to its original intent and improve the experience of participants. This included legislation to improve eligibility and access, as well as an early intervention pathway for children.</p>
<p><strong>Foundational supports:</strong> The Review recommended disability specific supports that would be available to people with disability and, where appropriate, their families and carers. The Review said these supports should be available to all Australians with disability, whether they are on the NDIS or not. Foundational supports would interconnect with existing mainstream services like childcare and schools.</p>
<p><strong>Early childhood intervention:</strong> The Review said there is not enough support for children in everyday settings, where they live, play and learn. It recommends children with disability and developmental concerns or delays are identified early and get the support they need. This could include earlier checks and screening to pick up developmental concerns and provide support.</p>
<p><strong>New approaches to psychosocial disability and mental health:</strong> The Review recommended a new, dedicated approach for people with psychosocial disability that better meets their episodic needs and is focused on personal recovery. It recommended that access to mental health services should be improved and there should be a strengthened interface between mental health systems and the NDIS.</p>
<p><strong>Service navigation:</strong> The Review recommended the introduction of navigators to help people with disability, find and access all services available to them across mainstream services, community supports, foundational supports and the NDIS.</p>
<p><strong>Fairer housing and living support:</strong> The Review recommended consistency should be introduced to housing and living support budgets to make it fairer for NDIS participants. The Review recommended a more flexible and innovative approach to housing supports to help people access solutions that suit them better.</p>
<p><strong>Registration:</strong> The Review recommended all providers should be enrolled or registered, with the level of regulatory requirement being determined by the risk and complexity of the different supports they provide.</p>
<p><a href="https://www.ndisreview.gov.au/">You can access the full report and the supporting documents here.</a></p>


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<h1 id="Top">NDIS Overview</h1>
<p>&nbsp;</p>
<p><a href="#One">What is the NDIS?</a></p>
<p><a href="#Two">Am I eligible for the NDIS?</a></p>
<p><a href="#Three">How can the NDIS benefit me?</a></p>
<h3 id="One">What is the NDIS?</h3>
<p>The NDIS &#8211; National Disability Insurance Scheme, is a government initiative designed to help people get the support they need so that their skills and independence improve over time. More information can be found on this website: <a title="Link to the NDIS website" href="https://www.ndis.gov.au/understanding/what-ndis" target="_blank" rel="noopener">https://www.ndis.gov.au/understanding/what-ndis</a></p>
<p><a href="#Top">Back to top</a></p>
<p>&nbsp;</p>
<h3 id="Two">Am I eligible for the NDIS?</h3>
<p>There are a few criteria that need to be met for one to be eligible for the NDIS as the scheme is specifically for Australians living with disabilities. More information can be found on this website: <a title="Link to the NDIS website" href="https://www.ndis.gov.au/applying-access-ndis/am-i-eligible">https://www.ndis.gov.au/applying-access-ndis/am-i-eligible</a></p>
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<p>&nbsp;</p>
<h3 id="Three">How can the NDIS benefit me?</h3>
<p>The NDIS provides funding in the form of a plan that allows individuals to access the services or products they need to live a full life. The plan usually has a set amount of funding across the categories based on an individuals needs, and this can be discussed at an initial meeting or plan review meeting with a NDIS delegate.</p>
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