Independent assessments will not go ahead but concerns remain

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Advocacy organisations are relieved the Federal Government has called a halt to the National Disability Insurance Scheme (NDIS) assessments. While they hope to work with the government to co-design a people-centred scheme, they also remain prepared to oppose legislation they feel limits disabled peopleโ€™s choice and control.

Following Fridayโ€™s meeting of Disability Reform Ministers, Senator Linda Reynolds, Minister for the NDIS, announced that independent assessments in their current form would not proceed, she told the ABC. Changes to the scheme needed support from all states, the Sydney Morning Herald observed, but several state and territory ministers โ€“ including the ACTโ€™s Emma Davidson โ€“ opposed the proposed changes.

Independent assessments were intended to make the NDIS more adaptable, less bureaucratic, and cheaper to run. Instead of people with disabilities organising assessments and collecting evidence from multiple clinicians and health professionals to show how their disability affected them (the current approach), assessors from eight agencies would use standardised tools to determine the most suitable package.

The government said this would make the NDIS โ€œbetter, simpler, faster, and more flexibleโ€. Opponents, however, believed that independent assessments were simplistic and overlooked individual needs.

Emma Davidson, Minister for Disability, and Advocacy for Inclusionโ€™s Stacy Rheese on Friday morning before the meeting. Picture provided.
Emma Davidson, Minister for Disability, and Advocacy for Inclusionโ€™s Stacy Rheese on Friday morning before the meeting. Picture provided.

โ€œThe whole idea of the NDIS was to provide the community with choice and control over the services they need to live a fulfilling life, [but] those choice and controls have been eroded,โ€ said Bec Cody, CEO of the ACT Mental Health Community Coalition. Nicolas Lawler, CEO of Advocacy for Inclusion (AFI), feared that independent assessments were โ€œjust one component of a suite of concerning changesโ€.

On Friday, Senator Reynolds stated, โ€œall Ministers agreed to work in partnership with those with lived disability experience on the design of a person-centred model. A model that will deliver consistency and equity of both access and planning outcomes. A model consistent with the assessment requirements under the NDIS Act.โ€

Senator Reynolds said she had โ€œan absolute commitment to work towards reaching an agreement with [her] state and territory colleagues on the pathway forwardโ€.

โ€œThe governance structure of the NDIS, with shared control by the Commonwealth, states and territories, requires a multi-partisan approach.โ€

The federal ministerโ€™s decision was a victory for the disabled community, said Emma Davidson.

โ€œPeople with disability and the sector that represent them have been clear since the first trial of Independent Assessments,โ€ she said. โ€œThey have been asking for the Commonwealth Government to co-design and deliver genuine consultation. Now with Independent Assessments scrapped, we can truly listen to the community and co-design reforms to the NDIS together.

โ€œIndependent Assessments were a threat to choice, control, and continuity over services that best suit the needs of an individual person. This is a win, but now we must shift the focus on to co-designing with the community to create a stronger, inclusive and accessible NDIS.โ€

Mr Lawler said AFI was pleased the โ€œcontroversial and flawedโ€ reforms would not go ahead, but also concerned that โ€œthe lack of a clear pathway forward โ€ฆ provided little clarity or security for people with disabilityโ€.

Ms Cody said the MHCC ACT was grateful to see Senator Reynolds โ€œhas finally decided to listen to what weโ€™ve been saying all along โ€“ that independent assessments are not a way forward for participants in the NDISโ€.

She was, however, โ€œa little bit scepticalโ€ the NDIS would be co-designed.

โ€œI think the government will probably go back to the drawing-board and come up with some other way to push through some changes that arenโ€™t necessarily going to work for participants,โ€ she said. โ€œThe Coalition tends to run ahead and drop new changes on people without necessarily thinking about how it is going to impact them.โ€

Progressing changes without consulting people with disability would make it difficult for them to trust the NDIA, Mr Lawler said.

The government, he insisted, must ensure people with disability were actively involved at every level of reform design, and that their voices and experience inform the NDIS.

โ€œPeople with disabilities cannot be left out of the conversation and ignored. To be effective and appropriate, changes to the NDIS must be co-designed with people with disability.โ€

Ms Cody also encouraged the government to work with mental health and disability peak bodies across Australia to listen to what participants have to say.

Her organisation, the MHCC ACT, would be happy to work with the government. โ€œRealistically, we just want to see this work for people,โ€ she said.

The MHCC would continue raising issues and trying to build better relationships with the federal government to ensure the scheme was the best it could be for the community.

Mr Lawler said Advocacy for Inclusion and the disabled community would oppose the introduction of reforms โ€œif people with disability are not transparently and effectively included in developing and redesigning reforms before they are brought to Parliament, and if we still have concerns that the reforms will reduce access or choice and control under the NDISโ€.

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