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Compensation Law 

NDIS - A ground breaking change

By Nicole O'Bree

The National Disability Insurance Scheme (“NDIS”) is a ground-breaking change to the way disability services are funded and delivered to those who suffer debilitating and permanent disabilities. The need for disability support in Australia is undeniable as the current system sees those in need chronically underfunded. Stemming from the recommendation of the Productivity Commission report on Disability Care and Support, the NDIS is in the rollout phase with Townsville, Charters Towers and Palm Island being three of the first launch sites across the country.


What is the NDIS?

The scheme aims to support the independence and social and economic participation of people with a disability by providing reasonable and necessary supports. The scheme covers a variety of support services including accommodation, respite, domestic help, community activities, therapies and aids including prosthetics and vehicle modifications. The NDIS is not intended to be an income replacement and will not take over from services that are already being provided by other existing Government support agencies including Medicare and Centrelink.

Unlike current support systems, individuals have the opportunity and freedom to choose what care and support they receive and control the employment and payment of service providers.

Importantly the scheme is an insurance based scheme, rather than a welfare based model. Two vital polices of the scheme is that eligibility is not means-tested and funding is not capped. The NDIS will fund the necessary care requirements based on individual circumstances, rather than providing a flat rate of support payments.


Who is Eligible for the NDIS?

The legislation presents comprehensive NDIS eligibility criteria that cover three key areas:-

  • Age – applicants must be under the age of 65 years when the access request is made. Importantly, there is no minimum age requirement which means that a child is eligible to access the scheme from birth;
  • Residency – the applicant must be an Australian resident, a holder of a permanent visa or the holder of a special category visa holder who is a protected SCV holder;
  • Disability – a person must have a substantially reduced functional capacity arising from one or more conditions that are likely to be permanent, affect the person’s ability for social and economic participation and result in support needs that are likely to continue for the person’s lifetime.

Who can access the NDIS? 

The NDIS is currently being rolled out geographically and being introduced in stages. Townsville, Charters Towers and Palm Island were selected to participate in the trial phase of the NDIS rollout. During the trial phase, the scheme could only be accessed by eligible children and young people under the age of 18 years with a disability who reside in Townsville, Charters Towers and Palm Island. From 1 July 2016 the scheme became fully operational in Townsville, Charters Towers and Palm Island and is accessible to anyone who meets the eligibility criteria. By July 2019, the NDIS aims to be fully operational across Queensland. 


Is it different from the NIIS?

Yes. The purpose of the National Injury Insurance Scheme (NIIS) is to provide care and support to people who are newly catastrophically injured, to be administered by the State and Territory governments.

For more information on the NIIS please click here to read our blog. If you think that you or someone you know may meet the eligibility criteria of the NDIS, we are here to help. Connolly Suthers can assist you in preparing your access request.