Government response to the NDIS Act review
The Australian Government welcomes the 2019 review of the National Disability Insurance Scheme Act 2013 (the NDIS Act) report completed by Mr David Tune AO PSM (the Report).
The Report contains 29 recommendations to improve the experience of participants with the National Disability Insurance Scheme (NDIS) and support the introduction of the Participant Service Guarantee.
The key findings of the Report include:
- the need to provide clarity on the concept of ‘reasonable and necessary’
- participants experience lengthy waits to receive decisions from the National Disability Insurance Agency (NDIA)
- participants consider NDIA decision-making is not transparent and is inconsistent
- participants consider there is a lack of information provided to support their engagement with the NDIS
- areas of the NDIS Act are unnecessarily rigid and do not encourage flexibility.
Nineteen of the recommendations suggest necessary amendments to the NDIS Act and NDIS Rules to support the implementation of the Participant Service Guarantee, improve outcomes for children and people with psychosocial disabilities, clarify the basis of reasonable and necessary packages of support and streamline NDIS processes. The other ten recommendations go to supporting an improved participant experience through operational or other service delivery reforms, ensuring the NDIS meets expectations.
The Government is committed to working closely with people with disability and their families and carers to ensure the NDIS provides consistent, effective and high quality service delivery. Together with the NDIA, the Government is committed to identifying and improving processes as the scheme continues to mature and evolve and implement the Participant Service Guarantee.
The Government supports or supports in principle all 29 recommendations made in the Report.
While the Australian Government had previously committed to legislate the Participant Service Guarantee by 1 July 2020, this was delayed by the need to focus on the COVID-19 response and subsequent changes to Parliamentary and other processes. Draft amendments to the NDIS legislation to bring in the Guarantee and other improvements recommended by Mr Tune are in development.