NDIS Legislative Reforms
2019 review of the NDIS Act and the new NDIS Participant Service Guarantee
The Australian Government has committed to delivering a Participant Service Guarantee (the Guarantee) to support positive participant experiences with the National Disability Insurance Scheme (NDIS).
The Guarantee will set new standards for the time it takes for key steps in the NDIS process. This means there will be agreed timeframes for people to receive a decision on their request to access the NDIS, to receive an NDIS plan and to have a plan reviewed. The Guarantee will also set standards for service for the National Disability Insurance Agency (NDIA).
The 2019 review of the NDIS Act
To develop the Guarantee, the Government commissioned a review of the National Disability Insurance Scheme Act 2013 (NDIS Act) to identify opportunities to make NDIS processes simpler and more straight-forward, and remove legislative barriers to positive participant and provider experiences with the NDIS.
The review was undertaken by an independent expert, Mr David Tune AO PSM. The review is often referred to as the Tune Review. People with disability, family members, carers, advocates and providers from around Australia shared their experiences and ideas through community workshops, an online survey and by making submissions.
Mr Tune delivered the review report to Government in December 2019. It made 29 recommendations to improve the participant experience and support the delivery of the Participant Service Guarantee. The review report was published in January 2020.
A plain English summary of the Review is available.
What the review found
The NDIS is improving social and economic outcomes for many of its participants while increasing their ability to achieve their goals and aspirations. However, the review found that the rollout of the NDIS has not been smooth for all participants.
Feedback to the review showed that some participants:
- found the transition to the NDIS confusing and frustrating, with some people saying they ‘missed’ the supports offered under state and territory systems, particularly active case management;
- are frustrated about delays and lack of transparency around how the NDIA makes decisions;
- want to have more support to become informed and effective consumers;
- feel the NDIS is too complex and difficult to navigate;
- feel they are not recognised as the experts in their disability; and
- feel NDIA staff do not understand disability or appreciate the challenges people with disability face as part of everyday life.
The review acknowledged the work that the Australian Government and the NDIA are already doing to improve the NDIS participant experience. This work will help enhance existing systems, services, decision-making and the overall experience for NDIS participants, families and carers.
The review also found that:
- while this work progresses, some modest improvements to the legislation and operations of the NDIS could be made to strengthen its participant focus and ensure the NDIS is fit for purpose as it moves from a transition phase to a more mature system;
- governments need to work together to resolve outstanding policy issues;
- the Government and the NDIA should publish a greater range of policy information, including in a wider range of accessible formats, to help participants better understand why certain decisions have been made.
The Government response to the 2019 review of the NDIS Act
The Government response to the 2019 review of the NDIS Act was released on 28 August 2020.
An Easy Read summary of both the Review and the Response is also available.
The Government supports or supports in principle all 29 recommendations made in the review report.
The Government had previously committed to legislate the Participant Service Guarantee (the Guarantee) by 1 July 2020. However, this has been delayed as consultation and Parliamentary consideration have been delayed due to the coronavirus pandemic.
The Government is committed to making the Guarantee law at the soonest possible opportunity. In the interim, the NDIA is implementing the Guarantee administratively, including reporting on its performance in meeting the Guarantee timeframes, service standards, and engagement principles. This information is publicly available in the NDIA’s quarterly reports webpage.
NDIS Reforms – Information Paper
On 28 August 2020, the Minister for the NDIS, the Hon Stuart Robert MP, also announced significant reforms to the NDIS, including the use of independent assessments, fully paid for by the NDIA.
An Information Paper summarising these reforms was released on 24 November 2020. This paper explains what the changes are and what they mean for people in the scheme and those applying to become participants..
An Easy Read version of the Information Paper is also available.
On 25 November 2020, the NDIA released further information in three consultation papers:
- Access and Eligibility Policy for Independent Assessments
- Planning Policy for Personalised Budgets and Plan Flexibility
- Supporting Young Children and their Families Early, to Reach their Full Potential
Consultation on the NDIA’s consultation papers is open until February 2021 and all people with disability, NDIS participants, their families and carers and the wider disability community are encouraged to provide feedback through the NDIS Have Your Say website.
Please note: the Information Paper has been updated to include links to the NDIA’s consultation papers released on 25 November 2020. Minor changes to content have been made to reflect these updates.
Timetable for legislation
Giving effect to some of these NDIS reforms require changes to legislation. Public consultation on draft amendments to legislation will occur in early 2021, ahead of introduction to Parliament for passage by 1 July 2021.
Further information about how you can participate in consultations on the legislation will be available soon.
Find out more
- Visit the NDIS website for further information on the NDIA’s consultation papers and tofind out how to have your say.
- Visit the NDIS website for more information about independent assessments including Easy Read resources:
- the Independent Assessment Framework, which explains the basis for the NDIA’s move to independent assessments;
- the Independent Assessment Toolkit, which outlines the election of the assessment tools to be used and how they align with the International Classification of Functioning, Disability and Health, approved by the World Health Organisation; and
- Evaluation of the First Independent Assessment Pilot, which summarises the lessons learned to date from this pilot and planned ongoing evaluation as independent assessments are rolled out.
- On the 2019 Independent Review of the NDIS Act