By convenor |
NDIS logo

The NDIS, in its 19/12/2024 newsletter said:

Introduction of Notice of Impairments

We are continuing to update our resources and guidance to reflect recent legislative changes. 

We have published updates to our operational guidance on Applying to the NDIS and Reviewing Our Decisions. 

From 1 January, new participants will receive clearer information about how they meet the disability or early intervention requirements. This will include their category of impairment.
 
The change was recommended by the NDIS Review, and requests from participants for more clarity and transparency about the basis of their access.

For all existing participants, this change does not apply to you now. 

We will work with all existing participants to make sure you have further information on how and when this change will impact you.

More information about how and why we’ll notify you about your impairment categories is available on the ‘new’ section at the top of our Frequently Asked Questions about legislation page, including:  

  • why is the NDIS introducing this change?
  • what does it mean for new participants?
  • what does it mean for existing participants? 

This process was not co-designed with the autism sector which means the government's commitment to work with the disability sector in implementing the recent legislative changes to the NDIS has already been broken.

The NDIS legislation omits all three of the autism "triad of impairments" (see here) from its listed impairments categories (see s24(1)(a) and s32BA (3)). So the NDIS legislation ignores all three impairment types associated with the most numerous primary disability among NDIS participants. 

NDIS legislation apparently prevents the Agency from recognising autism/ASD properly as a disability. It is hard to see how the NDIA's Notice of Impairment system can work when it was hamstrung by the legislation from the start. 

A4 understands that all children who are eligible as NDIS participants for early intervention will be described as having developmental delay (as defined in s9 of the Act). Their autism/ASD diagnosis will not be recognised and their consequent support needs are unlikely to be met.