NDIS Minister Shorten bans sex work in NDIS support update

Key points:

• The National Disability Insurance Agency has released updated lists of items that won’t be funded under new guidelines, such as sex work
• Disability advocates have raised concerns about the updated NDIS support guidelines, regarding the omission of some supports they deem essential
• Approximately 661,270 Australians are registered NDIS participants, according to the latest data from the NDIS website

The National Disability Insurance Scheme has released an updated list of items that can be purchased with NDIS funds, however, disability advocates have expressed concern about how this will affect NDIS participants.

Items and services not covered from October 3, 2024, are described in 15 categories of goods and services. Sexual services, alcohol or drugs that violate a Commonwealth, State or Territory law are also excluded from NDIS support funding.

Disability advocates previously raised concerns about sex work being excluded from the NDIS support guidelines when the possible ban was raised earlier this year.

River Night, a national disability sector advocate, highlighted the importance of allowing eligible NDIS participants to use funds to improve their health and general well-being through sexual services.

“Avoiding sexuality as part of any full-time [or] 24-hour support setting to people with complex and significant disability is plain medieval and shows a huge lack of contemporary and educated insight into human services,” he said.

One organisation, Family Planning Australia is a ‘leading provider of reproductive and sexual health services’ and engages in related research and advocacy. 

Family Planning Australia acknowledged and recognised the importance of ‘people with disability have the right to realise the full extent of their capacities for physical, social, emotional, sexual and intellectual development’.

However, changes to the NDIS support guidelines will now include funding for menstrual products ‘required specifically due to a participant’s disability support needs.’

Another addition to the funding list is modifications to one’s home related to damage from disability-related behaviours and NDIS-funded assistive technology or equipment.

People with Disability Australia President Marayke Jonkers praised some of the NDIS support changes, however, she expressed concern about other essential supports that will not be included.

“The inclusion of supports like menstrual products, adaptive clothing and assistance with maintaining employment is welcome,” she said.

“[…] However, we’re still seeing critical supports excluded. Pre-prepared meals from the supermarket would allow us access to safely prepared food in a cost-effective way on days a support worker is unavailable.

“[Additionally], battery generators and electricity costs keep people safe and alive who need to moderate their temperature or manage in a natural disaster.”

Minister Shorten commented that while some NDIS participants may be unsure about the changes, the new guidelines will make it easier for Australians navigating the NDIS.

“I know many participants are feeling uncertain about these changes, but the supports being accessed by the vast majority of people will not be impacted by the revised lists which are based on existing guidance,” he said.

“I want to reassure participants that the lists will bring more clarity and more certainty for all participants in how they can use their budgets.”

Approximately 661,270 Australians are registered NDIS participants according to the latest data from the NDIS website.

To ease some of the concern, Minister Shorten highlighted in an ABC Sydney Breakfast interview that a ‘grace period’ will account for small mistakes that occur with the new NDIS support guidelines, within reason.

“We give a twelve month grace period where you can make two mistakes, up to $1,500 dollars, and we’ll try and educate you and work it through with you,” he said.

“The other thing is, if you’re already getting something on the plan, on an existing plan, which now we’ve excluded, your current plan stays in place until it expires.

“[…] [However], things which are illegal are still illegal. So, you’re not going to get waived on that, you know, the illicit drugs, for example.”

The updated NDIS funding list also continues to exclude items such as land or house and land packages, pools, saunas, cigarettes, theme park tickets and makeup.

However, Mr Night criticised the changes to NDIS support funding and suggested that more time should be spent on fixing other issues with the NDIS.

“The items [Minister Shorten] mentioned this new legislation would stop funding are items [that] practically no one ever gets approved, yet this minor piece of work with next to no impact on the $40 billion dollar a year cost blow outs of NDIS seems to be the major focus,” he said.

“We have had a clear price and item guide and list since the scheme started 10 years ago.

“Cost blow outs are from a lack of foundational supports, state-based services and NDIS being the only option for most people now using the most expensive model possible. The mess that NDIS is with the way it is run so inefficiently is what needs urgent fixing.”

River Night, a disability advocate, expressed disappointment about the timing of recent updates to the NDIS support guidelines. [Source: Developing Australian Communities]

 

However, NDIS Minister Bill Shorten reiterated the importance of establishing clearer guidelines for participants and their families about what the National Disability Insurance Agency considers inappropriate to fund.

“While there have been administrative guidelines previously, we have made it much easier for participants and providers to understand what funding can and can’t be spent on,” he said.

“These changes are the next key step in returning the NDIS to its original intent and improving the scheme experience for every participant.”

If you are concerned about the impact of these updated NDIS guidelines, speak to your support coordinator, friends or family.

Alternatively, phone Lifeline 24/7 on 13 11 14 or visit the website to chat with a counsellor if you are concerned about your mental health.

What are your thoughts on the excluded NDIS items?

Let the team at Talking Disability know on social media. 

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