Kerri-Anne Kennerley urges seniors to sue NDIS in class action

Kerri-Anne Kennerley’s late husband was refused NDIS help after being left a quadriplegic because of his age. Now she warns “it could be you next”.

Exclusive: Showbiz veteran Kerri-Anne Kennerley has revealed she spent $2 million nursing her late husband due to “heartless” age limits in the National Disability Insurance Scheme (NDIS).

John Kennerley, her husband of 35 years, was left a quadriplegic after slipping and falling from a low balcony at the age of 77. 

Ms Kennerley urged elderly Australians with disabilities to launch a class action against the NDIS, which only admits disabled Australians aged between seven and 65.

Disabled people who join the NDIS before the age of 65 can stay in the scheme for the rest of their life – but anyone disabled through an accident or illness after that age must rely on the aged care system instead.

“It’s dreadfully unfair,’’ Ms Kennerley said.

“My husband, through an accident that was no fault of his own, became a quadriplegic but the only help I could get from the government was aged care.

Kerri-Anne Kennerley’s late husband John was left wheelchair-bound after a fall. Picture: Christian Gilles

“He was entitled to eight or nine hours a week of care, even though he was assessed as needing a minimum of 53 hours a week.’’

Ms Kennerley said the couple spent more than $2 million on seven-day nursing care for John over three-and-a-half years, before he passed away in 2019.

She said the NDIS paid for up to 60 hours a week of nursing care for two disabled men her husband met in hospital – a 20-year-old who broke his back snowboarding, and a 63-year-old who was left wheelchair-bound after a wave dumped him at the beach.

“John fell off a veranda that didn’t have a railing because it was only 85cm (off the ground),’’ she said.

“It is pure age discrimination and it’s not fair – it’s completely heartless.’’

The federal government amended the Age Discrimination Act in 2013 to make it legal to discriminate against NDIS participants on the grounds of age.

Kerri-Anne Kennerley and John on their wedding day. Picture: Instagram

Ms Kennerley said federal Health Minister Greg Hunt and former Aged Care Minister Ken Wyatt had visited her and John at their Sydney home after his accident, when they discussed the discriminatory age limit.

“It was very good of them to go out of their way to come to our home and meet John,’’ she said.

“They listened – but nothing changed.’’

Ms Kennerley called on the government to redesign the NDIS to stop “scams’’ and ensure that help goes to Australians with severe and permanent disability.

“The NDIS is fantastic but I’ve seen so many loopholes and people who’ve taken advantage of the system,’’ she said.

“It needs a complete redraw so that people who scam can’t, and people who need it can get help.

“I would encourage anyone over 65 in a similar position to sue the government in terms of age discrimination.

“Those over 65 who think they’re bulletproof, watch out – it could be you next.’’

Kerri-Anne Kennerley and her late husband John.

NDIS Minister Linda Reynolds said the scheme was based on a Productivity Commission recommendation that participants must acquire their disability and request access before turning 65.

“The NDIS is not intended to replace services already provided through the health or aged care systems,’’ she said.

Spinal Life Australia chief executive Mark Townend said 40 per cent of members with spinal injury were older than 65.

He said elderly Australians in wheelchairs often had “no shower and no proper sleep’’ without someone to care for them.

“I don’t think the Australian public realises it could affect their mother, father, brother or sister,’’ he said.