Persons with a disability seeking participation in and support from the National Disability Insurance Scheme (NDIS) have to undergo a pathway involving access, planning and assessment decisions to be made by the National Disability Insurance Agency (NDIA). Once a person’s access to the NDIS is approved, an extensive planning and assessment phase is undertaken – involving personal interviews and documentary reviews by the NDIA with the participant and support persons. Participants have the statutory right to determine their own best interests, including the right to exercise choice and control, and to engage as equal partners in decisions that will affect their lives, to the full extent of their capacity. This workshop reviews the rights of participants through the planning and assessment interviews – and the practical support that service providers can provide to participants in preparing them and their families and carers to maximise their contribution to the decisions to be made by NDIA about their plan and their NDIS funded supports. Linda Hayes Business Strategist, GAICD With 20 years experience in marketing and business strategy, Linda has worked across a vast range of industry sectors to deliver business growth through better business planning and stronger organisational governance.

WORKSHOP OBJECTIVES • Overview of the NDIS • NDIA operational guidelines for planning and assessment • Support participant prepare for NDIA interviews (“conversations”) • Preparation: the participant’s “statement of goals and aspirations” • Importance of participant’s documentation in support • NDIA assessment tool • Maximising presentation of participant’s full “reasonable and necessary supports” • NDIA’s s.33(2) decision to approve a statement of participant’s supports • Rights of review of the approved Plan and NDIS funded supports

Overview National Disability Insurance Scheme (NDIS) National Disability Insurance Scheme Act 2013 National Disability Insurance Scheme (xxx) Rules 20xx (pursuant to sec. 17 of Act) NDIA’s CEO “Operational Guidelines” (pursuant to a Rule under the Act) Forms, assessment tools, policies etc.

Overview National Disability Insurance Scheme (NDIS) NDIS RULES include: Becoming a Participant (2013) Children (2013) Facilitating the Preparation of Participants’ Plans – xxxx (each trial State/ACT 2013 or 2014) Nominees (2013) Plan Management (2013) Protection and Disclosure of Information (2013) Registered Providers of Supports (2013) Supports for Participants (2013) Supports for Participants – Accounting for Compensation (2013) Timeframe for Decision Making (2013) Risk Management (2013)

Overview National Disability Insurance Scheme (NDIS) NDIS Act 2013 (Cwth) – sec. 3 – Objects of the Act: (extracts only) Provide reasonable and necessary supports for participants in the NDIS launch (s.3(1)(d)) Enable people with disability to exercise choice and control in the pursuit of their goals and the planning and delivery of their supports (s.3(1)(e)) Adopting an insurance-based approach, informed by actuarial analysis, in the provision and funding of supports for people with disability (s.3(2)(b)) In giving effect to the objects of the Act, regard is to be had to … the need to ensure the financial sustainability of the NDIS (s.3(3)(b))

Participants’ exercising legal rights of choice and control Participant has right to determine their own best interests (s. 4) Participant has right to engage as equal partners in decisions that will affect their lives to the full extent of their capacity (s. 4) Participant chooses service provider(s) for contracted services (rights and obligations under contract law) Participant has right to pursue any grievance (s. 4)

Funding reasonable and necessary supports Participant’s Plan must include any general or reasonable and necessary supports that will be provided or funded as part of the plan. Supports must provide value for money (s.34 ). NDIA delegates are to explain to the participant and where relevant their family and carer, the consideration that has gone into a plan. Delegate documents statement of reasons for the decision (the letter that accompanies the provision of the plan) and provide a copy of the plan to the participant within 7 days.

NDIA Operational Guidelines for Planning and Assessment HANDOUTS

Preparation: participant’s “statement of goals and aspirations” Learning and applying knowledge (Understanding; remembering; practising; using new things) Communication (being understood; understanding others) Daily domestic tasks and routines (preparing meals; housekeeping; maintenance; shopping; bill paying; money handling; decision making; problem solving) Mobility (getting around home and community; aids/equipment) Self-care (showering; dressing; eating; toileting; specific health care needs) Interpersonal and community relationships (making and keeping friends; coping with feelings and emotions; community activities; recreation and leisure) Housing and accommodation needs & transport and community access Education and training (special interest courses; skills development; personal development) Employment (finding and keeping job; work experiences) Needs for emergency and crisis situations (Acknowledgement:: “Conversation Starter Tool”– Mai-Wel Ltd. 2014)

NDIA Op. Guidelines – personal care & household tasks HANDOUTS

Reviews and AAT appeals Participant has right to request review of Plan at any time (s. 48) Participant has right to review of NDIA “reviewable decisions” (s. 99) by a NDIA reviewer who was not involved in the original decision (s. 100(5)) Participant has right to apply to Administrative Appeal Tribunal (AAT) against decision of NDIA reviewer (s. 103)

Final questions? Thank you Linda