Policy and Advovacy Disability Update 22 October

Meeting with Shadow Minister for the NDIS

Representatives from OTA recently met face to face with the office of Michael Sukkar, Shadow Minister for the NDIS, in Canberra to discuss OTA's concerns over the Government's 5-year price freeze and its impact on OTs.

Important information on NDIS changes

NDIA has released a sector information pack outlining the key changes following the implementation of NDIS reforms on 3 October 2024. You can access the pack here.

For any queries regarding the new legislation, the NDIA advises providers to submit their questions through the established channels, such as the NDIS contact line at 1800 800 110 or via the provider.support@ndis.gov.au email. The NDIA is also regularly updating its Frequently Asked Questions (FAQs) section on the NDIS website to address common queries.

To ensure consistency in responses, dedicated teams are addressing legislative questions and contributing to an internal system that tracks emerging themes and issues. This process supports the ongoing update of all public-facing communications and FAQs.

NDIS Supports

Last week OTA met with the NDIA on the new list of NDIS Supports to seek additional clarification on interpretation of the guidance and raise issues about key omissions. NDIA has advised this feedback will be considered when developing the final NDIA Rule. We are also awaiting additional clarification on the list of NDIS Supports which we will update members on when information becomes available.

An Explanatory Statement has been published to support interpretation of the NDIS Support list and includes additional detail on when an occupational therapists may deliver particular supports.

Update on the new Administrative Review Tribunal

The new Administrative Review Tribunal (ART) commenced on 14 October 2024, replacing the Administrative Appeals Tribunal (AAT).

The ART is the new federal administrative review body that will replace the AAT as part of the Government’s reform to Australia’s system of administrative review. It is enabled by the Administrative Review Tribunal Act 2024 (ART Act) and supporting legislation.

The key features of the new Tribunal include:

Enhanced powers and procedures to enable the new Tribunal to respond flexibly to changing caseloads

A transparent and merit-based selection process for Members, informed by the operational needs of the new Tribunal

Clear and delineated roles and responsibilities for those who hold leadership positions in the new Tribunal, including the President and Principal Registrar

A simplified membership structure with clear qualification requirements and role descriptions for each of the four levels of membership – President, Deputy President, Senior Member and Member

Greater powers for the President to manage the performance, conduct and professional development of new Tribunal members

A user-focused design, including simpler and more consistent application processes, an emphasis on non-adversarial approaches to resolving applications and safeguards to ensure representatives comply with their obligations

Clear mechanisms for the new Tribunal to identify, escalate and report on systemic issues in administrative decision-making.

Impact on Tribunal applicants

Currently, you may ask the AAT to review certain decisions made by the Commissioner under the NDIS Act. For example, if your application for registration as a registered NDIS provider is unsuccessful, you may seek a review by the AAT.

From 14 October 2024, you may ask the ART to review the same types of decisions made by the Commissioner under the NDIS Act. The jurisdiction of the ART will be the same as the AAT.

If you have an ongoing AAT matter or have applied to the AAT for review of a decision, your matter will automatically transfer to the ART on 14 October 2024. You will not need to submit a new application or take any other action.

If the AAT makes a final decision on your matter before 14 October 2024, you will not be able to apply to the ART for another review.

More information is available on the Attorney-General’s Department website.

Consultation on Foundational Supports

On 11 October, OTA participated in an online consultation session on general Foundational Supports, hosted by the Department of Social Services. This session brought together providers, peak bodies, consumer organisations, and individuals. Participants engaged in discussions regarding the effective aspects of information available to people with disabilities and their families, as well as identifying additional resources that could facilitate access to the information they need.

The consultants leading this work stressed that this is the first phase of the consultation process with consultation on targeted foundational supports to follow. OTA will be watching for information about these developments.

The consultation period closes on 30 November. Find out more here.