The Government wants to develop new rules about ‘NDIS Supports’. They have published draft lists of the types of supports and services that might be included and excluded from the NDIS. The lists are temporary and will be used by the National Disability Insurance Agency (NDIA) while the Government works on the new rules for NDIS Supports. The Government wants to hear your feedback on the draft lists.
Why is this important?
These lists are important because they will determine the kinds of supports that people with disabilities can use with NDIS funding. People on the NDIS will only be able to spend their funds on supports that match the lists, and the NDIA will only be able to fund supports if they match what is on the lists.
Women With Disabilities Australia is concerned about the lists. We are concerned about what they include and exclude, and what impacts the lists might have on women, girls and gender-diverse people with disabilities.
We are concerned that:
- Lists like these don’t allow for all the different ways that people with disabilities live. They don’t let people use their NDIS plans in ways that best meet their needs.
- The lists will add to the problems that are already happening in the NDIS, where people are not getting the supports they really need.
- Some of these decisions don’t align with rights that people with disabilities have under the Convention on the Rights of Persons with Disabilities.
- Decisions made using these lists could cause harm.
We are working with our community to understand your views, so we can tell the Government what you think.
We know that people with disabilities often receive confusing and inconsistent information about the kinds of supports that they can access under the NDIS. We have called for more clear and consistent decisions, that are based on the specific person and their needs. However,we do not think that strict and limited lists are the way to do this.
Finally, we are disappointed about the short timeframes for the community to give their feedback. The proposed NDIS Support lists have not yet been provided in Easy Read format. Because of this, people in our community have been left out of this important conversation. We ask that the Government make the information available in accessible formats as soon as possible. We also ask that the time to respond is extended to make sure everyone has the chance to be heard.
What kind of supports should the NDIS include?
The NDIS Review called for people with disabilities to be at the centre of the NDIS. We believe that people with disabilities are experts in our own lives and our own support needs. This means we need to be involved in shaping what NDIS Supports look like for us.
The NDIS was made to support people with disabilities to be independent and participate in the community like everyone else. The laws about the NDIS say that it:
- Supports our independence and full inclusion in the community,
- Gives us choice and control in the disability supports we receive, and
- Promotes supports that are high quality and innovative.
We are concerned that the lists are not consistent with these aims. We are worried that if people are required to use ‘specialised’ disability supports, instead of the supports that work best for them, they will not be fully included in the community.
What are our concerns?
Here are some of our concerns about the lists:
1. Mainstream products, supports and services
We are concerned that the new rules will limit people’s access to mainstream supports and services.
We know that many people in our community use everyday products and services for their disability-specific needs. Sometimes, everyday products and services are more effective and more affordable than specialised disability-related products and services. We also know that many people in our community choose to use everyday products and services for their disability-specific needs, because they can access these in the community. For example:
- Someone who experiences incontinence might use period underwear, instead ofincontinence pads, because they are more comfortable and effective.
- Someone who requires support with a skin condition might prefer to go to a beauty salon than to engage a support worker, to receive the same treatment.
- Someone who has a limb impairment might use a dishwasher to do the dishes independently, without needing to pay a support worker to assist.
2. Day-to-day living costs
We are concerned that the new rules will limit people’s access to the day-to-day supports and services that they need to live their lives. For example, the lists exclude everyday household products and whitegoods. While not every person with disability will need to use their funding for whitegoods, these items can be important, innovative, and cost-effective disability supports for some people. This issue has a gendered dimension because we know that household labour and childcare disproportionately fall on women. Household appliances and whitegoods can be an important way to assist women with disabilities to care for their homes and families.
3. Menstrual products
We are concerned that the lists exclude menstrual products. As we have heard from our community, many people with disabilities need specific products and supports to manage their periods, like adaptive period underwear or tampon insertion aids. Many people also use period underwear for incontinence. We are very disappointed that menstrual products have been listed as ‘lifestyle-related’ items rather than ‘assistive products for personal care’. Menstrual products must be recognised as material basic needs linked to health and hygiene. Having a period is not a lifestyle choice.
4. Sexual supports
We are concerned that the draft lists exclude sex toys and the services of sex workers. As we’ve heard during our Sex and the NDIS Forum and through our NDIS and Sexual Supports and Services survey, there are many valid reasons why people with disabilities might seek these supports. This includes to address sexual pain; to support healing after sexual abuse and trauma; to experience sexual and non-sexual physical touch, pleasure and intimacy in safe and supportive ways; and to learn about sex and consent. We all have a right to sexual expression, and the Federal Court has said that sexual supports and services can be reasonable and necessary disability supports in some circumstances.
5. Parenting supports
We are concerned that the draft lists exclude a range of parenting and family supports. Like household products, this issue has a gendered dimension because women are most often theprimary caregivers. The lists excludes general parenting programs, counselling or other supports, including the programs provided to families in contact with the child protection system. We know that people with disabilities are over-represented in the child protection system. We experience discriminatory and harmful attitudes about our ability to be parents, as well as a lack of access to information, services and support. Service systems rarely understand or respond to the needs and experiences of people with disabilities who are parents.
6. Therapies, health supports and other services
We are concerned that a number of therapies, health supports and other services that our communities access have been excluded in the lists. This has a gendered dimension because women with disabilities are more likely to experience multiple, co-occurring disabilities and disabilities that are related to chronic health conditions.
Some services and supports, like services at beauty salons, might not be necessary for every person with disability. However, for some people in our community, services provided by beauty salons can be affordable, safe and effective ways to get disability-specific personal care support. Maintaining access to these services, where they are necessary, promotes dignity, choice, and participation in the community. Good personal care supports can improve overall health and wellbeing, and when such supports are removed, this can impact other areas of life.
These are just some of our concerns about the NDIS Supports Lists. We will continue to listen to our community about your concerns, and to provide feedback to the Government.
Do you want to have your say on the lists? You can read the draft lists here: https://engage.dss.gov.au/con…/draft-list-of-ndis-support/
You can also let us know what you think. You can also tell us what you think by emailing us at: members@wwda.org.au, or responding to our surveys at: https://wwda-v2.dev.ionata.com/get-involved/have-your-say/
The WWDA team will also make time to talk individually with our members. If you would like to book an individual discussion, please email sarahs@wwda.org.au or call 0438 535 123.
