The Federal Government will legislate its plans to reform the NDIS after its bill passed the Senate on Thursday.
It follows talks between the Government and the Council for the Australian Federation (which mediated on behalf of the states and territories) on Wednesday.
Those negotiations led to a deal that will give the states and territories more responsibility over disability services.
It ends months of negotiations after state and territory ministers first raised concern over draft reforms in April.
Here’s what you need to know.
What is the NDIS?
Established in 2013, the NDIS is a Government service., provides support and services to more than 610,000 Australians living with a disability.
NDIS Participants are allocated a personal budget, calculated based on “what is reasonable and necessary” for each person with a disability.
The new reforms are part of its plan to reduce NDIS spending by $14.4 billion over the next four years.
New reforms
Previous draft revisions of the bill – including proposals to exclude period products and ban sex work – stirred controversy among ministers and advocates.
States and territories voiced concerns about the speed at which the reforms were introduced.
In April, the CAF said: “This work will take time” and require “deep engagement”. “There is no benefit to rushing,” it added.
The CAF stressed the importance of “learning from past experiences… so that no current or future NDIS participants” are blocked from accessing support.
The Deal
The Federal Government has implemented several amendments in response to these concerns.
It said the changes “will strengthen how state and territories work together with the Commonwealth on NDIS reforms”.
Changes include new dispute resolution processes, and making it simpler and faster to establish new NDIS rules.
A joint statement from NDIS Minister Bill Shorten and CAF chair/SA Premier Peter Malinauskas said the agreement will help ensure the NDIS “is here for future generations of Australians.”
Public Service Minister Katy Gallagher acknowledged not all states and territories would be “jumping around happy” over the deal.
However, she noted the importance of the legislation and the cooperation from all governments to reach an agreement.
“There’s been a huge amount of work done by Bill Shorten, with the states… We need to take action,” Gallagher said.
Opposition voice
People With Disability Australia (PWDA) opposes the current legislation and calls for it to be withdrawn.
The peak disability organisation cited a “number of critical concerns” with the bill, including:
“Excessive” powers for the NDIS’ debt recovery agency
– Uncertainty around “rules, tools and processes”
– Possible Constitutional and human rights breaches
– Disproportionate impacts on First Nations people with disability
– Lack of choice for participants
PWDA Deputy CEO Megan Spindler-Smith told TDA the organisation is “concerned about the lack of clarity on how these changes will be communicated and implemented”.
“We want to ensure that participants are not penalised,” Spindler-Smith said.
The bill passed the Senate on Thursday with 39 votes in favour and 12 against.
It will now return to the Lower House where it will be passed into law.
