A parliamentary committee examining controversial independent assessment reforms under the NDIS has been warned about the potential impact of changes on Indigenous and culturally diverse communities.
The inquiry is looking into the proposed changes intended to overhaul the evaluation process for determining an individual's eligibility for support and funding under the disability support scheme.
Currently, people with disability are required to submit evidence from their own experts such as specialists for evaluation by the National Disability Insurance Agency (NDIA).
The reforms would instead see participants undergo an “independent assessment” from an allied health professional employed by contracted providers - paid for by the Australian government.
Critics claim the move is a and undermine their control over the support they receive - a claim strongly denied by the government.
Submissions to a committee reviewing the reforms have now raised further fears about the process disengaging people from Indigenous and culturally and linguistically diverse (CALD) backgrounds.
In its submission, the Australian Lawyers Alliance said the proposed reforms threatened to diminish the rights of people with disability.
The group has also raised concerns over the capacity of providers to deliver appropriate services for people from CALD and Indigenous communities.
“People with disability from a CALD background, and from Aboriginal and Torres Strait Islander communities require specialised expertise and cultural competence from service providers,” the group’s submission said.
“We are not confident that the proposed model has sufficient requirements for the assessments to be completed in a culturally sensitive way.”
The Aboriginal Health Council of South Australia (AHCSA) - a peak-body representing Aboriginal-controlled health organisations - has expressed similar concerns.
Its submission highlights what it calls a lack of consultation regarding the independent assessment reforms, labelling them “ill-conceived, poorly consulted and disingenuous”.
The group says it's concerned in the “strongest of terms” that the reforms are likely to cause further disengagement and “leave Aboriginal people living with disability without the support that they urgently need.”
It also warns the “drawn-out investigative processes” are likely to increase distrust in government as well as raising "extreme concern" over the lack of processes to review independent assessments.
“There is no clearly defined and culturally appropriate pathway for Aboriginal and Torres Strait Islander people with disability to resolve issues with poor quality of invalid independent assessment,” their submission reads.
“This approach is completely at odds with the well documented and researched understanding of best practice within Aboriginal health; where trusting relationships need to be built and maintained for positive outcomes.”
In another submission, the Australian Government’s Department of Social Services and NDIA - tasked with implementing the NDIS - defended the need for the proposed reforms.
The government says the process is a key platform to creating a more equitable, transparent and consistent decision-making process to determine eligibility for the NDIS.
The submission also states that assessors would have “culturally safe approaches” for Aboriginal and Torres Strait Islander communities and take into account the requirements of those of CALD backgrounds.
“Independent assessments will be carried out by trained experts, for example occupational therapists, physiotherapists, clinical and registered psychologists and other health and allied health professionals,” the submission said.
“While the output from an independent assessment will be consistent, the process by which it will be derived will take into account the needs of individuals.”
The submission also said participants would be matched with an assessor who spoke their language or an interpreter would be provided.
“People with disability will also be supported to indicate their preference for how the assessment is undertaken if there are particular cultural reasons,” the submission said.
The Migrant Resource Centre, based in Tasmania, said working with migrant communities posed distinct challenges that must be addressed through the independent assessment process.
“When working with CALD communities, service delivery needs to always be looked at through a cultural lens,” the submission said.
“Standard assessment tools and approaches are found not to be highly successful with certain CALD communities.”
The group said that the time allocated to conduct independent assessments should be much greater for migrants living with disability.
“To have an expectation that a migrant living with disability would meet, engage, open up and give a realistic account of their disability in one assessment session is not practical,” the submission said.
There will be no time limit placed on the assessment process, according to the Department of Social Services and NDIA.
The government is expected to release draft legislation over the reforms before a bill is introduced to parliament pushing for the changes to come into effect by mid-2021.
The parliamentary committee will also report on its findings at a later date.
