(Image: Private Media)

What’s the issue?

The National Disability Insurance Scheme is not functioning as expected, with allegations the Coalition is focusing on cost-cutting over performance, and people with disabilities claiming they’ve been left out of reforms. 

Why is it an issue?

The $30 billion scheme supports nearly half a million Australians with a disability. The Coalition has said costs are blowing out and has repeatedly been accused of slashing individuals’ funding. Meanwhile the sector’s watchdog has limited capacity and power to crack down on dodgy companies rorting the system. 

What the parties are offering

Labor has released its six-point plan to overhaul the NDIS, with NDIS spokesman Bill Shorten announcing plans to hire an extra 380 agency staff, limit the agency’s use of private law firms, and crack down on rorting providers. 

NDIS Minister Linda Reynolds has announced changes to NDIS home and living supports, also providing $100 million over three years for advocacy and legal support for people with disabilities. The Morrison government has also fully funded the uncapped scheme in line with expectations and supported the NDIS Participant Service Guarantee Bill to reduce red tape and increase flexibility for participants and their carers. 

What’s up for discussion?

In an exclusive interview with Crikey, Shorten said Labor would cut waste from the top — not the bottom. This has been a key issue in the sector: as Crikey has revealed, dodgy companies have drained the accounts of NDIS participants while the NDIS Quality and Safeguards Commission has dismissed complaints of abuse and neglect, punishing just a handful of providers. 

Management needs to be overhauled, Shorten said. “You’ve got to change some of the senior management at the agency a question.” No decisions have been made about agency CEO Martin Hoffman but he stressed the need for a “sea change”. 

Shorten said this would include putting more people with disabilities into top roles. Dr Denis Napthine — a former Liberal premier of Victoria — was appointed chair of the agency’s board one month ago, although he is one of the few executive staff with lived experience of disability — his son has disabilities and Napthine acts as his care provider. 

There’s been limited consultation with the disability sector, advocates saying they weren’t asked about the independent assessment changes and saying they’ve been left out of the loop with a number of proposed reforms. Reynolds has said she’ll talk to the sector more often following the aborted independent assessment saga. 

NDIS participants unhappy with the agency can turn to the Administrative Appeals Tribunal, although this is also fraught with issues. Often without legal representation, people with disabilities enter closed-door meetings with the NDIA’s high-profile lawyers, rarely appearing in front of a tribunal member. 

Shorten has vowed to crack down on the agencies’ legal spending — last year $17.3 million was paid to legal firms representing external legal matters, a 30% increase from the year before. 

“I want to do a blitz on all AAT outstanding NDIS matters,” he said, and he wants increased transparency in decisions so that other participants can use tribunal rulings as a guide for their cases. 

While the Coalition’s advocacy and legal funding will help those with disabilities understand their rights, especially in the AAT, no overhaul of the tribunal process has been announced.