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Connect and Grow Magazine Edition 12 August - September 2024
We delayed the magazine release to hopefully bring some answers, but things are not much clearer at this moment. However, I will share what we know!
New NDIS rules will be discussed with the states, territories, and federal government as part of the Getting the NDIS Back on Track legislation passed by Parliament. On Thursday, 22 August 2024, the legislation passed and soon becomes the new act to be followed by anyone who is part of the NDIS, whether providers, participants, workers, or so on. There is a timeframe between it passing and becoming law.
Many are upset by this decision and are wondering what this will mean for them, as some of the things that are set to change are:
· A new definition of NDIS support. The proposed new list has only 33 categories. Submissions to have your say on this are open until August 25th, 2024. The states, terriorities and the minister for NDIS will then discuss and finalise the new list of what NDIS will pay for and what will become foundational supports.
· Mandatory registration of all providers will be discussed further. While not directly part of the new legislation, safeguarding participants, including ensuring that risk management systems are in place, is a huge part of it.
· Needs assessments are part of the eligibility to the NDIS moving forward and will come into place in the next 12 months. The needs assessment aims to determine what a person requires to live their life without a diagnosis. This needs assessment could also be requested again should a plan review be required.
· Implementing a new plan budget could also start within the next 12 months, as soon as the states and territories and the minister for NDIS define what NDIS support is and set up foundational support. This will take some time to establish and then commence implementing them.
· The navigator role is still being discussed, as it was also part of the NDIS review recommendations and will form part of the foundational support.
· There are things they do plan to implement over five years, and some soon; it will all be determined by how the discussions go. Because there is a big push for change and saving money, there will be some they attempt to get through sooner rather than later, which ones remain to be seen.
The key thing to remember is that whilst change will occur with this new legislation, there are a lot more meetings to attend, and the Minister has said on multiple occasions that there will be co-design for the changes and how they are implemented, which also refers back to the NDIS Review recommendations.
You can listen to one of the many news releases here: https://www.sbs.com.au/news/video/disability-advocates-fear-devastating-impacts-of-ndis-reforms/2m4nkc3ix.
Participants
Even though these changes are being planned and discussed, many who are on NDIS still worry that while there is commentary that will occur over time, they are concerned. Many have already experienced plan funding cuts and having to change providers because the management of their funds was suddenly made NDIA managed, and their provider is NOT NDIS registered.
Some of the changes around plans and funding will come into action, once the legislation becomes law and some will take a year or two. It will then impact new plans or as plans are reviewed. It takes over 28 days for it to become law, and NDIS have stated that participants will be contacted.
Some of the changes do not have a date of change as they are still be developed/finer details defined.
Providers.
There are currently over 220,000 unregistered providers, and many of them do not have documents, policies and procedures, in place and do not see the need for them or to have business insurance in place either; their comments that can be seen on social media is “ I am not a business, I am not NDIS registered none of that applies to me, I only need an ABN”.
When asked what an ABN is, they comment that it is an Australian Business Number; they still do not see the need to have a risk management system in place, an incident management system in place or even a complaints management system place and insurance, as they are only caring for someone with a disability.
This is concerning, and when asked if they are aware of their duty of care and obligations under WorkSafe, the answer is often: “That is an NDIS registered provider, not me. “When asked if they know that WorkSafe obligations apply to all business including sole traders, and it is not just NDIS providers, the response is “, I don’t have money for any of that, and I am not NDIS registered.”
There does appear to be a fundamental misunderstanding that business compliance and responsibilities separate from the NDIS do not apply to many of the unregistered providers. Now, most are set up correctly and doing the right thing to keep everyone safe. However, a high percentage are apparent business compliance; Australian Consumer Law and WorkSafe do not apply to them in any way.
As a provider it is essential to understand your business’s legal responsibilities that are over and above the NDIS and that are part of working with a person who lives with a disability, many different legislations are involved.
We now wait!
The next set of announcements will occur, and the new legislation and it become law, hopefully there is also announcements in response to the NDIS review with further clarity.
In the meantime, take some time to care for yourself and to do what you can to ensure that you are supported. Do your best to know that you will be informed as you are required to do something differently. You can always follow me on social media and our articles.
To learn more about the different aspects of the Getting the NDIS back on track legislation you can read it here:
As you are aware, many business requirements a business owner in Australia is to have are part of WorkSafe, Australian Consumer Law and the NDIS code of conduct, which are required by ALL businesses in Australia and, therefore, irrespective of NDIS registration, a business should have in place a risk management system, incident management system and feedback/complaints. To have these systems in place, it means having policies and procedures. The fines for not having these in place can start at around $50,000, and that is without an incident; if something occurs, you could find yourself not covered by your business insurance and then the worse may occur.
I have put together a resource bundle for NDIS businesses: lifetime access. We will update the information and changes in that bundle as things change to support you as a business.
The investment is $99.00, including GST.
To access the bundle: Disability business resources.
Introductory call about our services:
Written by Jacqui Grant
(c) 2024 Break Free Consultancy
Disclaimer: All information is accurate at the time of publication and is subject to change. Always check the NDIS website for the most up to date information as things are changing.