NDIS Lists: The Good, The Bad, and the Seriously?!
You might have heard about some lists floating around the interwebs lately that have something to do with the NDIS. And you’re probably wondering, "What fresh hell is this, and will it ruin my week?"
With all the news and debates surrounding the NDIS lately, it’s easy to feel overwhelmed and helpless. So, I wanted to give you a breakdown of what’s happening and how you can have your say—if you’ve got the time and energy.
Or maybe you just want to stay informed and find out what’s going on in the big, bad world of NDIS reform. I intend to keep it as painless as possible but can’t promise anything as you know!
What Are These Lists?
The eternal NDIS riddle: How exactly are we supposed to use our funding? Because let’s be real— parents sometimes feel like they’re just making it up as they go along. Families are often confused about what counts as ‘mis-spending,’ and are concerned about compliance action being taken against them which is another term for ‘being forced to be Plan Managed or Agency Managed’. And now, with PACE (because we needed yet another acronym in our lives), the Agency can limit the amount of funding a participant can access for example only releasing NDIS funding in 3 month increments so that overspend is less likely.
Right now, the legislation has a pretty short list of what the NDIS can’t fund. Obvious stuff, like ‘income replacement’ and anything illegal or dangerous (because apparently, we need to be told not to fund our backyard meth lab with NDIS money). But now, as part of NDIS reform, the government wants to make things clearer. But are they?
Enter: The Lists.
There are two of them:
36 categories of what counts as NDIS Supports
15 categories of what doesn’t
Each list has exemptions that are called ‘Carve Outs’.
And some Carve Outs have Carve Outs.
Love that for us!
The Good:
Let’s give credit where it’s due—there are benefits to these lists. For starters, no more playing 20 Questions with the National Call Centre just to find out if you can hire a cleaner. And yes, there are some obvious no-go zones, like using your funding for gambling, tequila, or political donations. (As much as a margarita after a plan review sounds like a great idea, it’s probably not what they had in mind for funding usage.) Putting it in black and white that NDIS funding cannot be spend on Vapes might be helpful for those who like to push the boundaries (or are just outright rule breakers) and if the scheme fails in ten years time it should not be because it was all just too laissez-faire.
The Bad:
But then we get to the downside. These lists try to create very black and while rules in a world where shades of grey are the norm. They push people into using ‘disability-specific’ services to make sure they’re disability-related, which sadly might actually cost a lot more and make people more isolated. The freedom, creativity, and innovation that Self Management offers might be taking a back seat.
It means instead of a 7 year old being able to use their funding to develop their social connections by joining a mainstream basketball club and live in the real world making friends with all sorts of people, they may be restricted to only joining a disability specific basketball program to ‘prove’ that its needed due to their disability. While we can probably agree that the taxpayer should not fund everyday activities like basketball fees, we need to consider that the purpose of this support is actually developing genuine social connections rather than learning to play basketball. Being able to make friends and have a welcome and valued place in our society is pretty much the antithesis of being segregated to only access disability specific events and activities.
These lists have a big focus on reducing spend in the NDIS by pushing the responsibility for funding some services back to other government systems such as Health and Education.
Many of us already feel like our children support needs are the ‘hot potato’ that no one wants to touch and are continually referred between NDIS, School and Medicare with each government system saying ‘not our responsibility.
The Ugly:
Take this gem: Going to a hair salon? Not an NDIS Support. So, if you’ve got a disability that prevents you from washing your own hair, you’ll need to fork out thousands on a support worker to come to your home and do it for you.
Because nothing says dignity like having a support worker in the shower with you so that you can get your hair washed. This isn’t just going to cost more; it’s also going to isolate people even further.
Another example on the ‘Not an NDIS Supports’ list is menstrual products.
(Side note was this list written by men? It’s like the GST thing all over again).
Some people with disability need to access particular menstrual products solely due to their disability. Removing access to these products may result in a person being prescribed otherwise unnecessary contraceptive medication with side effects and long term implications. And if we think about only dollars and not the human cost, this is a classic case of penny-pinching that just shifts the cost from NDIS to Medicare. Because who needs thoughtful, long-term planning when you can just kick the can down the road?
While the goal of these lists is to cut spending, they might end up doing the exact opposite. By forcing participants to use less effective and more expensive supports, we’re just creating a vicious cycle. Instead of trusting people with disabilities to know what they need (which, let’s be honest, they’re pretty darn good at), the government’s stepping in with a patronising pat on the head and a “Don’t worry, we’ve got this.” Yet they don’t live in your home or my home. So how could they?
These lists create a very prescriptive world where the brilliant innovation and resourcefulness of people with disabilities get shoved aside in favour of cookie-cutter solutions. Focusing on the tiny fraction of people who misuse the system is like using a sledgehammer to crack a nut. There are better ways to ensure the scheme’s sustainability, and that is where the government should be focusing its energy. But would the Government would rather use optics and headlines about sex workers to streamline this whole process?
What’s the Rush?
Initially, the government gave us a whopping 14 days to provide feedback on these lists—because who doesn’t love a tight deadline when it comes to life-changing policies? Fortunately that has been extended by one week so the disability community now have until the 25th of August to read the ‘Yes’ lists and the ’No’ lists and give our feedback.
Meanwhile, there’s legislation before Parliament this week that Labour is trying to push through. Once passed, these lists will become temporary law until they figure out the final legislation. And knowing how long it takes for all states and territories to agree on anything, we could be stuck with these temporary lists for a while.
What Can You Do?
If you’re up for it, you can read the full list of Draft Supports here.
For those who prefer not to sift through jargon, there are Easy Read versions available here.
You can also complete a survey to give feedback here.
Or if you’re feeling extra motivated (or just really need to vent):
Email: NDISConsultations@dss.gov.au
Request a callback: 1300 653 227 (National Relay Service)
Post: NDIS Consultations, GPO Box 9820, Canberra ACT 2601
Finally, if the endless changes and clickbait headlines have you ready to crawl under a rock, this is your reminder to hit pause and take care of yourself first. Advocacy is important, but so is your sanity. You can’t pour from an empty cup, so don’t be afraid to step back when you need to.
Disclaimer: I’m not a lawyer, and this isn’t legal or professional advice. If you need real support, check out Ask Izzy.