NDIS participants can access sex therapy and recreation if ‘reasonable and necessary’

People with disabilities can use the NDIS to access sex workers and therapy, but the specialised services remain some of the most restricted under the scheme.

People with disabilities can use the NDIS to access sex workers and therapy, but the specialised services remain some of the most restricted under the scheme.

The National Disability Insurance Scheme is intended to provide eligible Australians with the choice to fund services and supports that best allow them to live their everyday life, a remit that has at times lead to public controversy.

The question of accessing sex workers using NDIS funds was settled by the federal court in 2020, when it ruled the National Disability Agency (NDIA) could not prohibit the service.

The then-Coalition government initially responded it would seek to change the law arguing it was not in line with community expectations, but ultimately the service remained accessible within specific circumstances.

A NDIS participant requires a letter of approval from either the NDIA or their local area co-ordinator, though other eligibility requirements may also apply.

NDIS participants can receive sex therapy under the scheme in restricted circumstances.

These criteria include whether the service is deemed “reasonable and necessary”.

In November last year, a senate inquiry heard from advocates in the sex and disability industries, who were pushing for a sexuality framework under the NDIS, to cover sex-based support, services and therapies.

People With Disabilities president Nicole Lee told the inquiry many women with disabilities in Australia chose not to date due to fear of being exposed to high rates of sexual violence.

She said a sexual expression framework was urgently needed to enable people on the NDIS to make a case for government-funded sexual support services.

“Even though I could date on Tinder, it was toxic, and it was violent, and it was volatile, and if I hadn’t met my partner I would be looking to have access (to sex support) because it was not safe to continue to date men in the community,” Ms Lee said.

The NDIS website states it has an objective to “support people with a disability to achieve independence, social and economic participation.

Packages can be used to fund the “extra help” a person needs to take part in recreational activities because of their disability.

NDIS participants still need to pay for the costs of the activity, such as a sport, movie or concert ticket, but could get funding help for any additional supports needed for them to participate.

To determine eligibility, NDIS considers things such as helping the individual pursue their goals, value for money and if the activity is legal and safe.

People with a disability can also seek to have short term accommodation funded, including for respite or if regular carers are not available.

All supports are agreed as part of an individual’s plan.

The NDIS is forecast to reach $125 billion a year by 2034 without intervention, with the federal government committing to limiting the scheme’s growth to just $95bn.

Last year a comprehensive review was released outlining a range of measures to make the NDIS more sustainable, including by ensuring younger Australians with learning disabilities are better supported through schools and early education.

Originally published as NDIS participants can access sex therapy and recreation if ‘reasonable and necessary’