OTA Statement on Senate Community Affairs Legislation Committee - Second Inquiry into the NDIS Bill

Published: Tuesday 13 August 2024

Last Friday the Senate Community Affairs Legislation Committee published its final report on its inquiry into the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024 (NDIS Bill). The Report recommended the Bill be passed as soon as is practicable, following recent amendments made by Government and a crossbencher in the lower house. 

Recent amendments have gone some way to offer additional protections for participants who will be required to undergo a new needs assessment and budget development processes if the Bill is passed. 

OTA remains concerned that the Bill (even with amendments) will not offer important protections to ensure that people with disability receive an appropriate and high-quality needs assessment, which will form the foundational evidence that will impact decisions about all their NDIS supports. 

OTA has consistently called for key elements of the proposed support needs assessment process to be detailed in legislation, rather than in NDIS Rules.  

This includes protections to ensure that assessments consider a person’s needs at a whole of person level, and that the assessment process is conducted by an appropriately qualified professional who has experience in the participant’s specific disability/disabilities. 

OTA is pleased that the Coalition has echoed our concerns about the need for a high-quality needs assessment process in their additional commentary in the Committee’s Final Report. Their commentary noted that they will seek to make amendments to the Bill in the Senate, but that they support the intent of the legislation to ensure the ongoing sustainability of the NDIS.

The Greens Committee members published a dissenting report that does not support the Bill in its current form and calls for more clarity from Government about proposed Foundational Supports, and a formal Government Response to the NDIS Review Final Report. 

OTA is concerned that, despite Government’s promise that many of the new NDIS rules and processes will be co-designed, that proposed scheme rules have already been developed without appropriate co-design or review from stakeholders. 

The NDIS Bill is being debated in the Australian Senate this week, where it is expected more amendments will be introduced and debated. OTA is monitoring the Bill’s passage and introduction of amendments. 

We will continue to keep our members informed on further developments.