Month: March 2024

News

Understanding Appointed Decision Makers – A Guide for Disability Service Providers

Post author By Amanda Robinson
Post date March 28, 2024
No Comments on Understanding Appointed Decision Makers – A Guide for Disability Service Providers

Society must recognise that everyone should have the autonomy to make choices about their own lives.

When someone requires support to make decisions, employing supported decision-making is key to preserving a person’s independence and rights.

At NGO Training Centre, we are soon releasing a course on Supported Decision Making that will be a game-changer for many Disability Support Professionals.

But what about participants who have other formal decision-makers in place?

If a Guardian or Administrator is appointed for an individual, you must still safeguard their fundamental rights as outlined in the UN Convention on the Rights of Persons with Disabilities.

In this article, I am going to give you a brief outline of Powers of Attorney, Plan and Correspondence Nominees (NDIS), Guardianship and Administration.

As an advocate, I had service providers regularly approach me who were confused about working with a participant who had a guardianship or administration order in place and what this meant for the participant, and them as a provider.

Hopefully, this sheds some light on this issue, but keep in mind that laws and regulations vary in each state and territory. Having practised as an advocate in both QLD and Victoria, I found that there were marked differences in processes and even the frequency of, and rules around guardianship and administration.

Powers of attorney

If you are working with a participant who needs help managing their affairs, they can choose to give someone they know and trust, or a specialist organisation (such as the Public Trustee and Guardian in NSW) the power to make decisions for them. This will allow someone else to manage their affairs when they do not want to or are no longer able to.

Depending on their situation, this may include:

the power to make decisions about their financial and legal affairs
decisions about their lifestyle (including where they live), their support and what medical or health treatment they should receive.

If a person that you are supporting has an order in place and a decision-maker appointed, it does not mean that they can make decisions about every aspect of the participant’s life. It’s important to check the order to see what reason(s) the guardian/administrator has been appointed.

Plan and correspondence nominees

A plan nominee is someone appointed, in writing, to act on behalf of an NDIS participant.

This could be at the participant’s request or at the request of the NDIA when there are no other less restrictive options.

A plan nominee has a duty to:

ascertain the wishes of the participant
act in a manner that promotes the personal and social well-being of the participant
only act if the participant is not capable of doing the act
develop the capacity of the participant
avoid or manage conflicts of interest.

Another type of nominee that can be appointed is a correspondence nominee.

A correspondence nominee is someone who can make some decisions for a participant about their business with the NDIS. But they can’t do anything or make decisions about:

preparing or changing a plan
managing the funding for supports in a plan.

If a participant needs someone to make decisions for them about their plan, they may need a plan nominee.

A correspondence nominee can ask the NDIA for information about a participant on their behalf. They can also opt to receive letters and notices.

You can find more information about Plan and correspondence nominees here: Appointing a Nominee

Guardianship and Administrators

If a participant has not formally appointed someone to manage their affairs (under a power of attorney) and it becomes necessary to do so, a guardianship board or tribunal may appoint a guardian and/or administrator on behalf of a participant.

I will define the two main types of appointed decision-makers.

*Note that Some states have variations of these, such as supportive guardians and supportive administrators (Vic).

A Guardian (who could be a family member or friend), is a substitute decision-maker who may make lifestyle decisions, such as where the participant should live, and the support they receive, as well as give their consent to medical, dental and health care services generally.

An Administrator acts as a financial manager and looks after a person’s property and finances. If no individual is appropriate for this, a state or public trustee service is often appointed to manage a person’s finances.

There are several factors that the guardianship board or tribunal will take into account before deciding to appoint a guardian or administrator, including:

The participant’s ability to manage their own affairs
any relevant medical or health conditions that might affect their ability to make decisions – such as dementia, intellectual disability, mental illness, or acquired brain injury
whether it is in their best interests to have a guardian or administrator appointed.

The rules are different in each state and territory, so it is important to contact the relevant authority where you live for details on the guardianship and administration laws in the relevant state or territory, or if you have any questions or concerns about an order.

Refer to the authorities listed below:

An advice or advocacy agency may also be able to assist, and you can find them here: https://askizzy.org.au/

Written by Amanda Robinson, B.A., MMentalHealth Prac.

Amanda is a professional with over a decade of dedicated experience in the fields of Mental Health and Disability. Her extensive expertise lies in navigating the intricate landscape of the Disability Sector. She brings a unique perspective to her work, being both a person with lived experience of disability and a compassionate carer. She has a passion for advocacy, making her a staunch champion for the rights and well-being of individuals facing similar challenges.

News

NDIS Legislation Update: Getting Back on Track

Post author By Amanda Robinson
Post date March 28, 2024
No Comments on NDIS Legislation Update: Getting Back on Track

The Albanese Government is making changes to the National Disability Insurance Scheme (NDIS) to help those who need it most and to ensure the NDIS works as originally intended.

Yesterday, a new bill was introduced to Parliament, called the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024. This fulfils a promise made earlier to make these changes by the first half of 2024.

The goal of this bill is to improve the NDIS so it can keep changing lives for Australians with disabilities. It aims to ensure the money in the NDIS goes to the people who need it, and it gives more power to the NDIS Quality and Safeguards Commission to protect participants from experiencing exploitation.

These changes come after an independent review of the NDIS, consultations with states and territories, and discussions with people with disabilities and the sector.

The main areas this bill focuses on are improving access, plans, budget settings, and quality and safety.

In summary, the bill aims to make the following changes:

They want to change how they decide who gets support from the scheme. Instead of just focusing on diagnoses, they’ll look at what people actually need. This could mean less paperwork for people with disability because they won’t have to keep proving they have a disability.
Also, they might give people plans that last longer, up to five years, and let them have more control over how they spend their support money.
They’re working on making a clear definition of what “NDIS support” means so that money is spent properly. They’re looking at international guidelines to help with this.
They’re thinking about giving the NDIS agency more power to deal with financial risks, like fraud, and they might make the watchdog commission that oversees the scheme bigger to make sure it’s working well.

The Minister for the NDIS, Bill Shorten MP, says these reforms will take time and they’re committed to working with the disability community to make sure the changes happen the right way.

While some improvements won’t happen immediately, the government will keep working with the disability community to make sure the NDIS works well for everyone.

This bill is part of a larger effort to return the NDIS to its original purpose and create better support for people with disabilities across Australia. Last year, we summarised the NDIS Review, which you can find on our In the News page.

The government has already invested $130 million this year for consultation and co-design, but there’s still a lot of work to be done to make these reforms a reality.

They’re encouraging people to stay informed and engaged through their website and to reach out if they have any questions or need support.

Watch this space for further updates!

For more information on the bill, visit www.dss.gov.au/NDISreforms

More information about the NDIS Review is available on the NDIS Review website.

Subscribe for their updates about coming engagement opportunities at www.dss.gov.au/disability-and-carers

You can find a great Easy Read resource here: Easy Read Resource

To contact the department, you can email them at enquiries@dss.gov.au or call 1300 653 227 Monday to Friday between 8.30am and 5pm (AEDT). If you are Deaf or have a hearing or speech impairment, you can use the National Relay Service to contact the department.

Written by Amanda Robinson, B.A., MMentalHealth Prac.

News

New Taskforce Empowers NDIS Participants Against Unfair Price Hikes

Post author By Amanda Robinson
Post date March 25, 2024
No Comments on New Taskforce Empowers NDIS Participants Against Unfair Price Hikes

In a move against exploitation, the federal government has initiated a crackdown on illegal overcharging within the National Disability Insurance Scheme (NDIS).

Led by the Australian Competition and Consumer Commission (ACCC), this crackdown targets providers who unjustly inflate prices, dubbing it the “NDIS ‘wedding tax’,” levied solely because an individual is part of the NDIS.

NDIS Minister Bill Shorten has pledged to expose dishonest practices, vowing to eliminate “shonky” providers who exploit individuals with disability, some of whom have gained significant wealth through taxpayer-funded disability services.

The Australian Criminal Intelligence Commission estimates that up to a fifth of NDIS expenditure is siphoned off through fraudulent means.

To empower participants and their support networks, Minister Shorten announced the distribution of letters outlining their rights and avenues to combat overcharging.

Bill Shorten stated “The era of exploiting disabled individuals within the NDIS is unequivocally over.” Amendments to NDIS regulations expressly forbid overcharging, with further legislative measures underway to reinforce this prohibition and impose severe penalties.

Under the new regime, consumers can report instances of overcharging to a dedicated task force, which will investigate complaints and take action where necessary. Although the ACCC typically does not handle individual price grievances, the updated code of conduct for NDIS providers mandates fair pricing practices, enabling the consumer watchdog to intervene in cases of unjustifiable price hikes.

Individuals can reach out to the NDIS price taskforce via email at pricehelp@ndiscommission.gov.au or by calling 1800 035 544.

Providers found in violation face financial sanctions, permanent exclusion from NDIS services, and potential criminal charges for fraudulent activities.

Marayke Jonkers, president of People With Disability Australia (PWDA), expressed confidence that these measures will ensure NDIS participants receive fair value for services rendered. “These changes mark the end of discriminatory pricing based solely on NDIS affiliation while holding providers accountable for ethical conduct,” remarked Ms. Jonkers.

Important takeaways:

Providers suspected of overcharging NDIS participants will face a new consumer watchdog task force.
As much as a fifth of NDIS spending is being rorted by exploitative providers, the Criminal Intelligence Commission has warned.

What’s next? The ACCC will begin investigating complaints made by participants and carers from Sunday 24^th March 2024.

Written by Amanda Robinson, B.A., MMentalHealth Prac.

Tags NDIA, NDIS, NDIS Price, NDIS Review

News

The Disruptors: How NGO Training Centre’s E-learning and Microlearning Revolutionise Disability Support Professionals and Leaders.

It’s our Core Value #5: WE ARE DISRUPTORS
‘We have the courage to disrupt an industry that has traditionally accepted the status quo. We are not afraid to do the things that have not been done before. We believe that we can shape a better future with and for you.’

If you’re contemplating investing in top-notch training and education for your staff, this article could just nudge you in the right direction- towards the best training in the Australian Disability Sector.
Research on the benefits of combining e-learning and micro-learning for disability support workers is an evolving field. While specific studies are limited, there are several benefits that I have found based on general findings in education, training, and technology-enhanced learning. These findings are further based on the feedback that we have received from our customers of the NGO Training Centre.

From our most recent user data collected from over 20,000 learners, the engagement rate is over 93%, the completion rate is over 90% and not only that, our learners are passing the certifications with a score of over 98%.

Now that is something that I know every organisation will want, every participant will benefit from and every auditor will celebrate.

So, why does it work so well?

I will take you through some of the reasons why.

Accessibility and Flexibility:

E-learning and micro-learning platforms can offer flexibility in terms of timing, location, and pace of learning, making them more accessible to disability support workers who may have varying schedules or mobility constraints. NGO Training Centre offers its courses and learning platform also via an app, so learning can happen anywhere, at any time. If a course is half completed on an app and it needs to be finished off at the office- no worries- the progress is saved and it can be picked up again from any device.

Personalised Learning Experience:

Micro-learning, with its bite-sized modules, allows for personalised learning experiences. Disability support workers and their organisations can focus on specific topics or skills that are relevant to their needs and interests, enhancing engagement and retention. Our courses run on average from 30 – 45 minutes and if they are any longer, they are broken down into different parts.

Cost-Effectiveness and reducing environmental impact:

E-learning and micro-learning can be very cost-effective compared to traditional in-person training methods. Reduced travel expenses and the ability to reach a larger audience with online platforms can contribute to cost savings. It also contributes to less emissions that would normally be due to the use of vehicles for transport to and from training. Our current data states that our training has led to 289K fewer commute hours, $33M in training savings and -4.68GgCO2 on environmental impact. That’s pretty impressive!

Skill Development and Continuous Learning:

E-learning and micro-learning facilitate continuous professional development by providing access to a wide range of training materials and resources. This enables disability support workers to acquire new skills, stay updated on best practices, and adapt to evolving needs in the field. We have hundreds of resources, checklists and templates to use in the field, making them practical and hands-on resources for everyday use.

Interactive and Engaging Content:

All of our courses incorporate multimedia elements, interactive quizzes, and simulations, making learning more engaging and stimulating for disability support workers. Interactive features can enhance understanding and retention of key concepts. Gamification is used to keep users engaged, which includes badges, points and certificates to incentivise staff to keep learning. It doesn’t get boring!

Self-Paced Learning:

Micro-learning allows disability support workers to learn at their own pace, enabling them to review material as needed and proceed to more advanced topics when ready. This self-paced approach can accommodate diverse learning styles, time limitations, languages and preferences.

Accessibility Features:

Our courses incorporate accessibility features such as a written script, and the ability to slow down or speed up the course, ensuring that materials are accessible to disability support workers with disability, and for whom English is not their first language. It’s important to us to ensure we are inclusive and that everything that we do is aligned with our values.

Data-Driven Decision Making:

Our learning platform collects data on learner progress and performance. Analysing this data can provide insights into the effectiveness of training programs, identify areas for improvement, and inform decision-making regarding future training initiatives. It’s a handy tool for management and leaders and it’s generated by the click of a button.

Collaborative Learning Opportunities:

Organisations take it further and facilitate collaboration and communication among learners through discussion forums, group projects, or virtual classrooms. Collaborative learning opportunities can promote knowledge sharing and peer support among disability support workers. This allows flexibility and creativity with the delivery of the courses to ensure that training is geared towards its intended audience. You can be creative and find ways to incorporate learning into team activities.

As you can see, these are just some of the key benefits of E-Learning and Microlearning for organisations, their staff and ultimately the participants.

If you’re seeking unparalleled quality in staff training, your search stops with us.

At NGO Training Centre we offer tailored solutions designed exclusively for your needs.

Don’t settle for ordinary training when you can have the best.

Remember, be DISRUPTIVE!

Written by Amanda Robinson, B.A., MMentalHealth Prac.
Amanda is a professional with over a decade of dedicated experience in the fields of Mental Health and Disability. Her extensive expertise lies in navigating the intricate landscape of the Disability Sector. She brings a unique perspective to her work, being both a person with lived experience of disability and a compassionate carer. She has a passion for advocacy, making her a staunch champion for the rights and well-being of individuals facing similar challenges.

News

Insights: Disability Royal Commission and Reform Update

Post author By Amanda Robinson
Post date March 15, 2024
No Comments on Insights: Disability Royal Commission and Reform Update

The Albanese Labor Government is committed to improving life for people with disabilities. This week, they took a big step by sharing an update on their progress after receiving the final report from the Disability Royal Commission.

At the same time, they introduced new guidelines for Disability Employment Services, showing they’re serious about making sure everyone gets a fair chance.

In Darwin, there was a meeting this week called the First Nations Roundtable. It provided an opportunity for First Nations communities to share their thoughts on the Disability Royal Commission’s findings. First Nation’s groups are talking with Minister for Social Services Amanda Rishworth and Minister for Indigenous Australians Linda Burney about the specific challenges faced by First Nations people with disabilities.

Minister for Social Services, Amanda Rishworth, says the government is determined to make Australia safe and welcoming for everyone, including those with disabilities. They know they need to work closely with different groups to make lasting changes based on the Royal Commission’s 222 recommendations.

Minister Rishworth said, “we are taking tangible actions to improve access to employment for people with disability through reform to Disability Employment Services, including an immediate lift in quality, and have strengthened safeguarding arrangements for people with disability outside the NDIS through enacting the new Disability Services and Inclusion Act 2023”.

During the Royal Commission, the government put in place new policies and plans, and they’re planning more changes soon. Under the new Quality Framework, DES providers will be rated on whether their services exceed expectations, meet expectations, or require further improvement.

The Department of Social Services has analysed the National Standards for Disability Services audit results from 2023 against the Disability Employment Services Quality Framework. Initial results indicate 85 per cent of providers are meeting requirements and 15 per cent need further improvement.

Quality assessments commenced in January 2024 with initial assessment results due in the second half of the year.

Minister Rishworth says that everyone, including all levels of government and the disability community, needs to work together to make things better for people with disability and that all governments – both Australian State and National governments are committed to creating a fairer and more inclusive society for everyone.

If you want to know more about what the government is doing in response to the Disability Royal Commission, you can visit the Department of Social Services website here: https://shorturl.at/kqsAK

Written by Amanda Robinson, B.A., MMentalHealth Prac.

News

NDIS Provider and Worker Registration Update

Post author By Amanda Robinson
Post date March 11, 2024
No Comments on NDIS Provider and Worker Registration Update

📢 We have previously announced the formation of the NDIS Provider and Worker Registration Taskforce, which has been set up to offer guidance on crafting and executing the new graduated risk-proportionate regulatory model suggested in the NDIS Review Final Report.

💪🏼The task force is now underway and will engage in discussions with individuals with disabilities, their families, and advocates, the NDIS provider market, workforce representatives, and other relevant stakeholders.

🖊️You can find further information about the Taskforce on the DSS website.

🗨️Have your say!

You can now make a submission here:

https://engage.dss.gov.au/ndis-provider-and-worker-registration-taskforce/

Submissions began on March 6 and will conclude at 11:59 pm on April 28, 2024.

Written by Amanda Robinson, B.A., MMentalHealth Prac.

News

Another Line of Defence: Interim NDIS Commissioner Appointed

Post author By Amanda Robinson
Post date March 4, 2024
No Comments on Another Line of Defence: Interim NDIS Commissioner Appointed

Minister for the National Disability Insurance Scheme (NDIS), the Honorable Bill Shorten MP, has announced the appointment of Michael Phelan APM as the interim acting Commissioner of the NDIS Quality and Safeguards Commission for a three-month term.

With a distinguished background as the former head of the nation’s premier criminal research and intelligence agencies, Mr. Phelan brings invaluable experience to the forefront of ensuring the integrity and safety of NDIS participants.

Minister Shorten emphasised the significance of Mr. Phelan’s appointment, stating that his expertise in combating criminal activities, garnered from his roles as the former CEO of the Australian Criminal Intelligence Commission and director of the Australian Institute of Criminology, positions him perfectly to tackle fraudulent practices and protect Australians who received supports under the NDIS.

The appointment of Mr. Phelan highlights the government’s commitment to safeguarding NDIS funds and ensuring they are directed towards participants’ needs. Minister Shorten highlighted the various initiatives introduced by the Albanese Government, such as the Crack Down on Fraud Program and the establishment of the Fraud Fusion Taskforce and the NDIS Provider and Worker Registration Taskforce, aimed at strengthening the oversight and regulation of the Scheme.

The government will conduct an open recruitment process to fill the Commissioner role permanently, reflecting the need for continued strong leadership in guiding the Commission through its evolving responsibilities.

Minister Shorten emphasised the importance of engaging with the disability community to shape the future direction of the NDIS watchdog.

Mr. Phelan will assume the role of acting Commissioner from March 12, temporarily stepping in as the current Commissioner takes leave. This appointment marks a significant step forward in the ongoing efforts to ensure the safety and integrity of the NDIS for all participants.

Written by Amanda Robinson, B.A., MMentalHealth Prac.

News

Pride in Diversity: Supporting LGBTQIA+ Individuals with Disability

Post author By Amanda Robinson
Post date March 4, 2024
No Comments on Pride in Diversity: Supporting LGBTQIA+ Individuals with Disability

People with disability who identify within the LGBTQIA+ community face so many challenges, where the disadvantages stemming from their disability intersect with those related to their sexuality, gender, or identity.

Within the LGBTQIA+ community, there is a risk of reduced access to necessary support systems and a lack of advocacy for their rights. As a Disability Support Professional, understanding this intersectionality is crucial for effectively advocating and supporting the rights of all individuals with disabilities.

The absence of adequate support and services can result in isolation, vulnerability, bullying, and mental health issues. Even when services are available, the specific needs of LGBTQIA+ individuals with disabilities may be overlooked if these services are not inclusive, safe, and accessible.

For instance, LGBTQIA+ adults with intellectual disabilities residing in supported accommodation may struggle to express their sexual identity in non-inclusive settings due to preconceived assumptions and decisions made without their input.

Discrimination further silences individuals with disabilities who identify with diverse community groups, hindering their ability to express their views and preferences. LGBTQIA+ individuals with disabilities may rely on a limited network of supporters or caregivers who may not be aware of their sexual orientation, gender identity, or intersex status. Equally, they may openly identify as LGBTQIA+ but feel that their disability often hides this aspect of their identity.

For some LGBTQIA+ individuals with disabilities, disclosing their sexuality or identity may lead to loss of crucial family support for managing their disability and distancing from peers with similar disabilities. There may also be a lack of communication and understanding between disability service providers and the broader LGBTQIA+ community, leading to feelings of isolation and marginalisation within both communities.

While research on disability within the LGBTQIA+ community is inadequate, existing studies indicate:

Individuals with disabilities may face a heightened risk of sexual abuse, including intimate partner violence, compared to the general population.
Same-sex attracted, gender diverse, and intersex (SSAGDI) youth with disabilities may experience compromised sexual health due to inadequate sex education.
SSAGDI youth with intellectual disability may feel overlooked if sexual health education is not inclusive.
LGBTQIA+ individuals with disability are often assumed to be heterosexual or non-sexual.

Providing information and opportunities for LGBTQIA+ individuals with disabilities to explore and express their sexual orientation or gender identity can lead to positive health outcomes.

Some ways to achieve this expression could include:

open conversation
access to relevant literature
engagement on social media platforms, and
participation in supportive social groups,

All of these contribute to the overall well-being of LGBTQIA+ individuals with disabilities.

Here are Five other ways that you can help, by providing respectful and inclusive communication:

Move beyond assumptions: Avoid assuming someone’s sexuality or gender identity based on stereotypes. Respect how individuals define themselves and ask about their preferences. Consult widely to ensure language reflects the diversity of the group.
Acknowledge diversity: Recognize that LGBTIQA+ communities are diverse. Use language carefully, considering the intersections of identity, such as race, religion, gender, and sexual orientation.
Respect privacy: Everyone has the right to privacy. Respect individuals’ choices about disclosing personal information regarding their gender or sexuality. Do not share personal information without explicit consent.
Share your pronouns: Use correct pronouns to show respect and inclusion, and normalise the sharing of pronouns. Be open to wearing pronoun badges, introducing yourself with your pronouns, or adding them to your email signature.
Learn from mistakes: Understand that mistakes happen, but strive to use respectful language. Acknowledge and correct mistakes promptly, avoiding dwelling on them. Repeated mistakes can be hurtful and may constitute bullying or discrimination.

We have included a definition guide below to help, too.