Supporting OTA’s Advocacy on the NDIS Reform and the NDIS Bill

OTA has prepared some key messages that members can use to progress our advocacy in this space.  

Members may wish to use this information to write to their local Member of Parliament (MP) or select Senators engaged in this issue.  

• To find your local MP visit the Parliament of Australia website by entering your postcode. This will bring up a list which includes your local MP at the top. Clicking on the MP’s name will take you to a new page which provides contact details. The email address is usually located under the ‘Connect’ tab.  
• Senators engaged in this issue include Senators David Pocock, Hollie Hughes, Jordon Steele-John, and Jacquie Lambie. Members can find their contact details by visiting the Parliament of Australia website and typing in the Senators name. Clicking on the Senator’s name will take you to a new page which provides contact details. The email address is usually located under the ‘Connect’ tab.  

Key messages

• If the reform of the National Disability Insurance Scheme (NDIS) continues to follow its current trajectory, it will have serious negative consequences for people with disability both inside and outside the NDIS.
• The Government’s progression of the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024, as well as other reforms currently underway which seek to implement the recommendations that have emerged from the Independent Review of the NDIS pose several concerns.  
• Legislative changes are being made without a formal government response to the recommendations made by the NDIS Review, or indeed those made by the Disability Royal Commission. This means that there is a lack of clarity about the scope and scale of the Government’s reform. Introducing legislative change before key supports are in place is premature and risks leaving people with disability behind.
• While the government committed to co-designing with people with disabilities, the development of this legislation was conducted behind closed doors, with no prior public consultation before its introduction to Parliament. There appears to be a lack of consultation with the allied health professions sector and their representative bodies – a sector which delivers almost 10% of total NDIS services. Without a clear understanding of the overall reform approach, we fear this Bill could inadvertently block access to vital capacity-building supports, hindering people's ability to live independently in the future, and unbalance a precarious market that is required for a well-functioning Scheme. 
• Government has not provided data or economic modelling to show exactly how this Bill will affect people with disability, including whether it will see them removed from the NDIS or diverted onto lower quality services.  
• The Bill introduces changes that would allow the National Disability Insurance Agency (NDIA) to make rules that ban some types of services and supports under the NDIS. Occupational therapists are particularly skilled at helping identify sensible supports that help participants overcome barriers and live independently. Granting the NDIA the power to enact rules to prohibit certain supports may intentionally or unintentionally impede therapists from fulfilling their clinical duties.  
• Pausing these legislative changes until a full government response to the NDIS Independent Review is published would enable participants, their families, disability advocates and service providers to properly understand the scope of the NDIS changes and identify whether this new legislation will have serious consequence for the lives and futures of NDIS participants.