Secrecy, NDAs and a premiers’ revolt: will NDIS bill make it?

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The bill was due to be tabled in federal parliament today amid a chorus of objections.


Senator Jordon Steele-John has slammed the Albanese government’s approach to disability reform, saying it has been “done behind closed doors” with non-disclosure agreements in abundance.

Government Services Minister Bill Shorten was due to table the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024 in federal parliament today, despite last-minute objections from state premiers.

“Review recommendations will take years to implement,” said Mr Shorten in an announcement this morning.

“Today is the next step in the journey. For the past three months, I have travelled around Australia talking to people with disability and the sector. In just over 12 weeks, I hosted a national tour of eight townhalls, where thousands of Australians heard, discussed and asked questions about the review’s proposed reforms and what needs to happen next.

“There will be a significant piece of work to collaborate with people with disability [on] the reforms and we are seeking the lived experience of the disability community as we continue to strengthen the Scheme together.

“We have released this bill to be transparent.

“The legislation will boost the NDIS watchdog’s ability to take compliance action, building on the comprehensive reforms we have already made to crack down on fraud and safeguard the Scheme for participants.”

Senator Steele-John was having none of it, however.

“This NDIS legislation has been done behind closed doors, with non-disclosure agreements abounding,” he said.

“Making advocates sign non-disclosure agreements is not genuine co-design.

“The question on my mind is why has the Labor Government prepared NDIS legislation behind closed doors? What have they got to hide?

“Let’s be very clear; there should be no changes to the principle of ‘choice and control’ that underpins our NDIS. Disabled people should continue to have choice and control over the people who are paid to support them.

“Today, we have seen premiers, chief ministers and the federal government bickering at the 11th hour over the future of disability supports in this country. The time for bickering is over, and the time for ensuring these supports work for disabled people is now.

“No disabled person should be pushed by abled-bodied politicians from the NDIS into the vast gaping hole that is non-NDIS disability supports in this country.”

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On Monday evening the state premiers held an emergency meeting in Canberra, in a last-minute attempt to get clarity over the government’s plan to set up additional “foundational supports” for the NDIS, intended to service about 2.5 million Australians with a disability who need less intense support than the NDIS, which services 646,000 people.

The states agreed back in December’s National Cabinet meeting to fund half those foundational supports, but the premiers are now saying it’s happening too fast and without enough consultation.

“Every state premier, every state chief minister, is concerned about the federal government’s NDIS reform because it means less of a say for the states, but more responsibility for the states,” said NSW premier Chris Minns.

“If, at the end of the day, the Commonwealth charges full steam ahead, a lot of people are off the NDIS programs and they tumble into state services.

“I want to make sure that we’re there to catch them. And we can only do that if we can quantify how much this will ultimately cost.”

Victorian Premier Jacinta Allan accused the Commonwealth of going “far beyond” the scope of the significant funding deal they struck with Prime Minister Anthony Albanese last year.

“The first is that the scope of the legislation, as we have seen it only late last week, goes far beyond what was agreed at national cabinet last December,” she said.

“Secondly, too, there has simply not been adequate consultation with states and territories as is required by federal legislation for any change to be brought about to the National Disability Insurance Scheme.

“And then finally, and most importantly, we’re really concerned about the people who rely on the NDIS, ensuring that they continue to receive the support that they need … We’ve got to remember who we’re talking about here. It’s people with a disability who rely on these services.”

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