LIST OF RECOMMENDATIONS
Recommendation 1
2.18 The committee recommends that the conditional
language of s3(1)(h) of the Bill be revised to more strongly reflect
Australia's international human rights obligations such as those in relation
to:
- civil,
political, economic, social and cultural rights;
- the
prevention of racial discrimination or torture; and
- people
with disability, women, and children.
Recommendation 2
2.29 The committee recommends that clause 4 of the
bill be amended to explicitly state that it is presumed that people have the
capacity to make their own decisions unless objectively assessed otherwise.
Recommendation 3
2.30 The committee recommends that clause 5(a) of
the bill be amended to read:
(a) people
with disability should participate actively in decisions that affect their
lives, and be supported where necessary to enable this to occur.
Recommendation 4
2.53 The committee recommends that subclause 4(4)
of the bill be amended to read:
(4) People
with disability should be supported to exercise choice and control and manage
the associated risk in the pursuit of their goals and the planning and delivery
of their supports.
Recommendation 5
2.65 The committee recommends that clause 5(d) be
amended to read:
(d) the cultural and linguistic circumstances and gender of people
with disability should be taken into account.
Recommendation 6
2.66 The committee recommends that all explanatory
material associated with the operation of the NDIS Scheme be provided in an
easy-to-understand format such as Easy English.
Recommendation 7
3.34 The committee recommends that the bill be
amended to recognise the role of advocacy, and that the government consider as
one option the amendment of clause 4 to recognise in the principles the roles
of advocacy.
Recommendation 8
3.36 The committee recommends that the government
make an ongoing commitment, outside the NDIS, to the funding of advocacy,
noting the existence of advocacy schemes across all jurisdictions, and that the
need for advocacy is likely to increase with the rollout of the NDIS.
Recommendation 9
3.37 The committee recommends that independent
advocacy funding not be managed by the Agency, and that clause 6(2) remains
unchanged.
Recommendation 10
3.42 The committee recommends that the government
provide clarification, either in the bill or the explanatory memorandum, to
ensure that those using the bill will understand that, unless the contrary is
clearly intended, a 'person' in the bill includes companies and other
incorporated bodies.
Recommendation 11
4.38 The committee recommends that the government,
through COAG processes, identify mechanisms by which to provide adequate
specialised disability support for people 65 and over who have disabilities not
resulting from the natural process of ageing.
Recommendation 12
4.39 The committee recommends that, as a matter of
priority, the government develop information for communication to members of
relevant stakeholder groups about the scope for clause 25 (early intervention
requirements) to address the needs of some people ageing with conditions that
may not cause impairment until after they have turned 65.
Recommendation 13
4.40 The committee recommends that the government
conduct further research into the costs and benefits of varying the NDIS age
eligibility criterion.
Recommendation 14
4.50 The committee recommends that the government
make a more detailed statement setting out the underlying rationale for the approach
taken to the residency eligibility criterion.
Recommendation 15
4.62 The committee recommends that the government
consult further with mental health organisations including statutory bodies
about whether clause 24 of the bill, and related NDIS Rules, sufficiently take
into account recovery approaches and the distinction between disability support
and mental health services, to ensure the focus of the NDIS is on people with
disabilities who have long-term consequences of their impairment (which may vary
in intensity).
Recommendation 16
4.68 The committee recommends that the government
ensure that people with disabilities who are in custody will have appropriate
access to the NDIS.
Recommendation 17
4.69 The committee recommends that the Agency develop
an information strategy to ensure that people with disabilities who are in
custody, their carers and their advocates, are aware of the group's eligibility
for services under the NDIS.
Recommendation 18
4.73 The committee recommends that the government revise
the language of clause 26(1)(b)(ii) to ensure that examinations can be required
to be conducted by a member of any appropriate profession.
Recommendation 19
5.14 The committee recommends that, where support
is provided for an objective that will extend beyond the 12 month life of the
plan, the NDIS Rules make clear that the assessment of the outcome of this
support will take the long-term objectives into account.
Recommendation 20
6.47 The committee recommends that provision be
made in the bill for a mechanism to ensure that service providers must have a
system in place to manage potential conflict of interest, and the performance
of that mechanism should be examined during the review of the Act in 2015.
Recommendation 21
6.72 The committee recommends that the Commonwealth
continues to work with the States, Territories and relevant workforce
organisations in the disability sector to ensure that implementation of the
NDIS does not lead to more insecure working conditions in the sector, and that measures
are put in place to enhance the skills, training and capacity of the disability
workforce.
Recommendation 22
7.20 The committee recommends that in general
where:
- a plan is being prepared, or a nominee is undertaking an act, and
- at
the time, the person with disability is unable to express their preferences,
and
- a formal advance directive (however described) is in effect for that
person,
the rules ensure that the plan is not made, or an act
undertaken by a nominee, in contradiction of a preference expressed in the
advance directive.
Recommendation 23
7.27 The committee recommends that the government ensure
that either the bill or rules permit nominees to undertake an act only when the
participant is not capable of doing, or being supported to do, the act.
Recommendation 24
7.30 The committee recommends that clause 91(1) be
amended to delete the term 'severe'.
Recommendation 25
7.48 The committee recommends that,
- the
government monitor and consult with stakeholders on complaints handling in
launch sites; and
- when
the review of the legislation is being conducted under clause 208, the
government consider the establishment of an external complaints handling
mechanism between internal review and the AAT.
Recommendation 26
8.81 The committee recommends that the bill be
amended to allow a person, where they are required by the CEO to claim or
obtain compensation for a personal injury, to elect to subrogate their rights
to compensation to the agency.
Recommendation 27
8.82 The committee recommends that the government
note submitters' concerns regarding legal advice and confidential
communications provided to the agency, and further examine whether the bill
should be amended to clarify that any such advice or communications by participants
would not constitute a waiver of legal professional privilege.
Recommendation 28
9.33 The committee recommends that at least three
members of the Board are people with disability.
Recommendation 29
9.54 The committee recommends that subclause 147(5)
be amended so as to read:
(5) In appointing the
members of the Advisory Council, the Minister must:
(a) have
regard to the desirability of the membership of the Advisory Council
reflecting the diversity of people with disability; and
(b) ensure
that all members are persons with skills, experience or knowledge that will
help the Advisory Council perform its functions; and
(c) ensure
that:
(i) a majority
of the members are people with disability; and
(ii) at
least two of the members are carers of people with disability; and
(iii) one
or more of the members is a person who has skills, experience or knowledge of
disability in rural or regional areas.
Note: Any
member may fulfil one or more criteria in 147(5)(c)
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