Premiers brought to table on NDIS reform

Premiers will be given the power to sign off on NDIS rules determining what will and won’t be covered by the scheme, under Labor amendments.

NDIS Minister Bill Shorten. Picture: NewsWire / Martin Ollman

Premiers will be given the power to sign off on NDIS rules determining what will and won’t be covered by the scheme, under Labor amendments to legislation aimed at keeping state governments on side to cut costs from the program.

In a move to appease disability advocates, Labor has introduced an amendment to “ensure some flexibility” to the list of NDIS supports eligible for funding, while extending the ability for participants to waive debts acquired by unintentionally spending their packages on inappropriate items.

The changes to the NDIS bill, endorsed by caucus on Tuesday, follow outcry from states and ­advocates over the original ­legislation.

While the bill before parliament outlines limits to services that NDIS participants can receive, the legislation requires a revision of the temporary criteria, at an unspecified future date, which would pave the way for permanent rules.

Tasmanian Premier Jeremy Rockliff and South Australian Premier Peter Malinauskas earlier this month raised concern that the bill would “allow the federal government unilateral oversight” of what could and could not be claimed under the NDIS, resulting in “significant cost and social impacts on states”.

While the previous version of the bill required negotiation with states and territories over changes to the supports eligible for NDIS funding, it assigns disability ministers rather than premiers the power to sign off on such reforms.

Labor’s new amendments “reflected discussions between the government and premiers … about the way in which changes to the NDIS rules would take place”, a Labor spokesman said.

“The impact of this is that first ministers will be able to agree to NDIS rules, as well as ministers responsible for the NDIS. This will facilitate the discussion and potential agreement to NDIS rules by first ministers at forums such as the national cabinet,” the amendment says.

South Australian Premier Peter Malinauskas. Picture Dean Martin

Former Liberal NDIS minister Linda Reynolds lashed the fact there was still no state and territory agreement on reforming the scheme, arguing the bill before parliament was insufficient.

Items ineligible for NDIS funding under Labor’s draft list released for consultation earlier this month include “menstrual products”, which have been listed as “lifestyle-related”.

Labor frontbencher Tim Ayers admitted period products were “not in the right place” on the draft list and it was “not anticipated that the list that as provided gets it right”.

Coalition amendments to the bill would force the minister to make a statement within five days of the act’s commencement detailing the proposed timeframe for agreement with states and territories on a permanent NDIS list being sought.

Following outcry from advocates, including the Disability Representative Organisations who said on Monday the draft list was “highly problematic”, Labor moved an amendment that a participant might apply to the disability agency for an individual ruling to allow them access to a support carved out of the list.

This extra flexibility could allow a disabled person to apply to have ineligible services such has hairdressing funded by the NDIS, if the participant’s disability prevented them washing their hair.

The government claims this could save the scheme money, given having a participant’s hair washed by a hairdresser could cost about $40, which is cheaper than paying a support worker to help someone wash their hair.

Australian Federation of Disability Organisation chief executive Ross Joyce said the changes “looked like an attempt to meet some concerns, so that’s positive”.

However, he reiterated his call for the legislation to be paused to allow for “appropriate consultation” and for advocates to be given time to understand the bill.