Rights – NDIS

The NDIS will provide all Australians under the age of 65 (at the time of starting services) who have a permanent and significant disability with the reasonable and necessary supports they need to enjoy an ordinary life.

1. The right to an advocate

  • The NDIS is required by law to recognize your right to be supported by an advocate
  • You have the right to choose your own advocate – you do not need to limit your choices to the options provided by the NDIS
  • An advocate can provide advice on how best to have your rights respected, work out what needs to be addressed in meetings with the NDIS, or even speak on your behalf if you want them to

2. The right to complain about:

  • Decisions the agency has made about your eligibility and support
  • How you have been treated by the agency

3. The right to expect people to do what they say they will do

  • It is important to know exactly who you have formed agreements with:
    • If your care plan is being managed primarily by the NDIS your contract will be with the NDIS
    • If you are managing your own plan, your contract will be primarily with the service providers who are supporting you
  • If the person or organisation you have formed an agreement with fails to provide the support you have agreed upon you may be able to take legal action to fix the situation.

4. The right to expect service providers to provide good support

  • The NDIS Act says that any service provider supporting you under the scheme has to help you meet your goals, be good value for money and be consistent with good practice.
  • Service providers must comply with workplace health and safety laws
  • All staff must be competent and have the experience, qualifications and skill required to provide the agreed upon support
  • If you are unhappy with the support you are receiving you can either complain to the provider about the service and attempt to resolve the issue or make a request to be supported by a different provider altogether

5. The right to make your own decisions

  • The NDIS is based on a basic principle that you should have as much choice and control as possible over the supports you receive

6. The right to be treated equally

  • There are a number of ways in which your right to be protected against disability discrimination are relevant to the NDIS:
    • As the NDIS is a Commonwealth law, it must comply with the Disability Discrimination Act 1992 (Cth), any disability which is included in the DDA that the NDIS fails to recognize may therefore give rise to discrimination.
    • As the NDIS is a government agency, it should operate in a way that does not discriminate against you because of your disability
      • If the process you are required to go through by the NDIS in order to receive support, disadvantages you due to your disability – lack of flexibility in document format (ie: vision impairment) or requirement to attend
    • As a government scheme your rights against discrimination are protected by article 5 of the United Nations Convention on the Rights of Persons with Disabilities

7. The right to access information

  • The NDIS must use its best endeavors to provide timely and accurate information to people in order to assist them in making informed decisions about relevant matters
  • You are entitled to expect information to be accessible and easy to understand.
  • It should be provided to you in plenty of time for you to read it and digest it before you are required to make decisions based on it.

8. The right to get the support you need and want

  • You are entitled to expect your plan will reflect what you really need in order to meet your personal life goals and allow you to participate in your community.

For information on how to complain or seek help if your rights are not being up held, see NDIS Complaints and Help

To contact the NDIS Phone: 1800 800 110 or Website: www.ndis.gov.au

NDIS Toolkit – Advokit

DANA (Disability Advocacy Network Australia) has developed a website full of information about interacting with the NDIS. Including sections on: becoming a participant, plans, privacy, rights, supports and services, decision making, review and complaints and legislation.

Website: www.advokit.org.au

NDIS Glossary

The NDIS uses a lot of words and acronyms that people may be unfamiliar with. You can access an NDIS Glossary by clicking here.