The National Disability
Insurance Scheme (NDIS) is a national scheme that aims to provide insurance
cover for Australians in the event of significant disability. The NDIS commenced
at various launch sites on 1 July 2013, with a view to full implementation
around Australia by 2019.
It is proposed that the National Insurance
Indemnity Scheme (NIIS) also be implemented. The NIIS is a federated model of
separate state-based no fault schemes providing life time care and support to
all people affected by catastrophic injury.
Avant’s position
Avant supports the NDIS provided its financial impacts on doctors are at
least net neutral but it has several concerns about:
- funding
and design of the scheme
- uncertainty around the future of the NIIS
- the compensation recovery provisions in the
NDIS legislation.
Avant believes that:
- The NDIS should be the only long-term care scheme
providing funding and support to those living with a disability.
The objectives of the scheme are not best served
by the introduction of dual schemes (the NDIS and NIIS) due to the complexities
and duplication of costs which arise from having more than one scheme, and that
the objectives of the scheme would be best served by an NDIS only. - The NDIS should operate as a front line
scheme and not as a safety net, and the legislation should be amended to ensure
this.
A prospective
participant can be asked by the CEO of the National Disability Insurance Agency
to take action to recover compensation and may not be accepted onto the scheme
until that action is taken. This does not allow support to be provided to
participants immediately, particularly where early intervention would be of
benefit. The NDIS has been designed to sit behind the current litigation-based
system and this could in practice defeat the very purpose of establishing a no
fault scheme. - Participants should
be able to obtain support on an interim basis for a period of two years in the
same way they can now under the NSW Lifetime Care and Support Scheme so
treatment can begin right away.
This
would be particularly beneficial for infants and young children at risk of
cerebral palsy and other pregnancy and birth related neurological impairment in
advance of a definitive medical opinion being given. This would allow
participants immediate access to therapy and or treatment that may significantly
improve their medical outcomes (and possibly the extent of their future reliance
on the NDIS). - As recommended by
the Productivity Commission, common law rights to sue for future care costs that
can be covered by the NDIS or the NIIS should be extinguished.
Avant’s submissions on the NDIS
Submissions
to the Community Affairs Legislation Committee Inquiry into the National
Disability Insurance Scheme Bill (Draft Bill) - January 2013
Submissions on the National
Disability Insurance Scheme Rules Consultation Paper - 1 March 2013
Share your view
We welcome your feedback on this article – email the Editor at: editor@avant.org.au