Date: Tue, 3 Jun 2025 17:53:28 +1000
To: McAllister, Jennifer (Senator) <Senator.McAllister@aph.gov.au>
Cc: Jenny Karavolos <jenkaravolos@outlook.com>, Nicole Rogerson <nicole@autismawareness.com.au>, Ms Rebecca Falkingham (CEO, NDIA) <Rebecca.Falkingham@ndis.gov.au>, Senator Jordon Steele-John <senator.steele-john@aph.gov.au>, senator.ruston@aph.gov.au
From: Bob Buckley <convenor@a4.org.au>
Subject: NDIS legislation omits autistic impairments
Dear Minister
Recent changes to NDIS legislation make key aspects of the NDIS unworkable in relation to autism as a disability. In particular, the list of impairment categories repeated in sections 24(1)(a), 25(1)(a), and 32BA(3) of the NDIS Act omit the key impairments that are autism spectrum disorder (ASD).
Autism is the biggest (most numerous) disability type in the NDIS: over 50% of NDIS participants are autistic.
Autism is characterised by a triad of impairments, social, communication, and behavioural impairments. NDIS legislation omits these impairment types from its lists of recognised impairments.
Omitting these autistic impairments from legislated NDIS impairment categories excludes autistic Australians from essential disability supports. The NDIS cannot fund supports for impairments that its legislation does not recognise so autistic Australians will miss out on the disability supports they need.The NDIS simply cannot achieve its purpose for many autistic Australians.
In this regard, the NDIS legislation fails Australia’s obligations under the United Nations Convention of the Rights of Persons with Disability (CRPD).
The NDIS legislation is poorly conceived and implemented in relation to autistic impairments. Please discuss this aspect of the NDIS legislation with the autism sector and repair the NDIS legislation as soon as possible.
--
Bob Buckley
Co-convenor, Autism Aspergers Advocacy Australia (A4)
website: http://a4.org.au/
A4, a recognised disability representative organisation (DRO), advocates for autistic people, their families, carers and associates. A4 is internet based so that Australians anywhere can participate in and contribute to A4's advocacy for autistic people, their carers and allies.
A4 recognises the Traditional Owners of lands in Australia; we respect their elders past, present and emerging. Sovereignty was never ceded.
Recipients of correspondence from A4, especially politicians and government officials, are all subject to A4's policy on unanswered questions: see http://a4.org.au/node/1419.
The autism issue is that autistic people just don't deliver on the plans, dreams and expectations in other peoples' heads.
This letter was also sent to Minister Butler, Minister Plibersek, and cc'd to Senator Pocock.
Note: there is no real cost associated with the change suggested here. The proposed change should simply mean that it is easier (hence cheaper) for NDIS planners to do their job properly.
See also https://a4.org.au/node/2731