Hi everyone,
As we reach the end of a very challenging 2022 I look back with satisfaction at the progress that BigDog has made on behalf of our participants and our role as a professional support organisation with our future leaders, Courtney and Leanne in place.
The year has seen us incorporate Child Safety supports, cleaning and yard maintenance in Rockhampton and NDIS registration thanks to the dedication of everyone.
In 2022 we continued to be a member of a number of community consultations, the Regional Access and Disability Committee, Workability, the Toowoomba Disability Service Providers’ Network and engage with the NDIA over matters that concern participants and providers alike.
With the winding down of COVID-19 restrictions, 2022 has seen significant growth within BigDog and brand awareness remains high especially with the presence of our fleet of vehicles in the community and our new website.
Added to this is our new historic BigDog administration office that we purchased at 3 Clifford Street in Toowoomba. Watch this space as we continue to restore this iconic building to its original glory.
Thank you and my very best wishes go out to everyone at BigDog, our staff, our participants, our families, our supporters and my own family for a happy Christmas and a prosperous 2023.
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Loads of Love is an annual Christmas Appeal, first established in 2009. Our core purpose is to provide support to people experiencing financial hardship. We do this by supplying generous bags of non-perishable food items to both individuals and families just before Christmas.
Help us, help those in need by donating non perishable food items at the Paul Myatt Community Centre, or make a financial donation and we will buy the groceries on your behalf!
The appeal has become a trusted way for thousands of Queenslanders to show their generosity to those that need it most.
If you know of a family in need, send them down to the Centre, we have bags of nonperishable groceries just for them.
Jess is pictured in a ‘reverse selfie’ with Kim Stokes who was the MC for the breakfast launch of the Appeal.
BigDog is proud to be once again involved in Loads of LoveBy Chris Coombes DSC 22 November 2022
Over the past year, the spotlight has been on planning: cuts, independent assessments, and the rise in Administrative Appeals Tribunal (AAT) matters. Backstage, access to the Scheme has quietly been widened for a whole new cohort of people.
Knowing who can access the Scheme matters. In the dry desert of virtually no support for NDIS-ineligible disabled people, the stakes around access to the NDIS feel particularly high. For providers, changes to who can access the NDIS might inform how they operate in the market. Those invested in the sustainability and reach of this world-class Scheme will also be paying attention.
This big – yet barely publicised – change to NDIS access came this year from a Federal Court decision known as NDIA v D. In late August, the Federal Court clarified the meaning of two words –“available” and “remedy” – as they relate to accessing the NDIS. So much more than a battle over the meanings of words, this decision widens the threshold of people eligible for the Scheme. Some disabled people who were previously unable to enter the NDIS are now able to do so.
Let me explain how.
Establishing that a disability is permanent
Before we look at the impact of the decision, it’s necessary to understand how disability permanence is established for the purposes of NDIS access. One eligibility criterion laid out
in the NDIS Act is that an applicant has impartments which “are, or likely to be, permanent”.
When considering whether a condition is permanent, Rule 5.4 in the NDIA’s Becoming a Participant Rules requires the NDIA to confirm that “there are no known, available and appropriate evidence-based clinical, medical or other treatments that would be likely to remedy the impairment” (emphasis added).
Does the treatment need to be a cure?
What the flip does “remedy” actually mean in NDIS-ese? And why does this matter to anybody who doesn’t work for the Oxford English Dictionary?
What the NDIA thought “remedy” meant In the past, the NDIA’s Operational Guidelines defined the word “remedy” to mean that a treatment would likely “relieve” someone’s impairment. After more dictionary checks than a game of Scrabble with grandma, the Federal Court took a different view.
What “remedy” actually means The Federal Court decided that in this context, “remedy” actually means “something approaching removal or cure of the impairment”. Why is this big? Showing the NDIA that a recommended treatment will not cure or remove the impairment(s) is a much lower bar, compared to showing that a recommended treatment will not relieve the impairment(s). Previously, the NDIA access team may have skimmed someone’s access request to see any if there were any unex-
plored treatments that might simply improve or relieve the impairments. But their actual task, according to the Federal Court, is to see whether these treatments would nearly cure or remove the impairment. This clearing up of “remedy” opens the doors to NDIS eligibility much wider.
Is the treatment really available if [insert barrier here]?
The Federal Court also heard much debate about the meaning of the word “available”. Once again, what it found has vast ramifications for people seeking access.
What the NDIA thought "available” meant The second way this decision widened the doors to NDIS eligibility was in clarifying the word “available”. Previously, “available” treatment was interpreted to mean that there was a treatment which a person could theoretically access.
What “available” really means The Federal Court clarified that “available treatment” means “what treatments an individual can, in reality, access”.
There are many reasons why someone can’t really access a treatment. The Federal Court offered examples of people who might not be able to access a treatment because of their mental health, geographic location, or proximity to treatment. In this particular case, the person told the Court and the NDIA that they could not afford the treatment.
Let’s zoom in on what this means for people trying to access the NDIS. One cohort the decision is likely to benefit is people with psychosocial disabilities. The Court gave a hypothetical example of someone with agoraphobia, which makes it psychologically impossible, or at best extremely difficult, to leave home. If
this person wanted to access the NDIS, the NDIA now needs to consider what treatments are, in reality, available to them in their specific circumstances.
One could think of any number of other reasons why a person would be unable to access a treatment that would likely remedy their impairment. A person might be in prison or a closed setting that prevents them from leaving to obtain recommended treatment. A psychiatrist might have full waitlists. There are often psychological or physical barriers to taking medication. Or there may not be a local multidisciplinary pain clinic, even though attending one was recommended in a report.
These examples, like those offered by the Federal Court, need to be assessed on a case -by-case basis. Each person in this situation wanting to test access should seek legal advice from legal aid or an advocate (see links below). And the NDIA may still ask for loads of evidence to establish that a treatment is in fact unavailable. But because the court has invited participants to describe their treatment reality, the doors to support are now much more open.
Is this a means test?
In clarifying “available”, the decision raised some questions about the Scheme’s design. Since the NDIS is universal (meaning access is not based on a person’s income or wealth), the NDIA argued that the reinterpretation of “available” treatment to consider someone’s ability to afford treatment impacts the universality of the Scheme by effectively adding a means test in certain cases. The judge pointed out that this problem existed before NDIA v D even if the NDIA were usng a broader interpretation of the word “available”.
Capras Club Shirts with BigDog Sponsorship
BigDog is a Gold Sponsor of the Central Queensland Capras Club and we are proud to also sponsor the Capras Community Care program which includes such events as the All Abilities Clinics, school visits and engaging young people in their community. We also provide employment opportunities for Capras players with over 30 players so far employed in support worker and child safety workers.
Rockhampton management and support staff, as well Toowoomba management staff will have a choice of being provided with either the Capras Club Champion Polo or the Capras Indigenous Champion Polo for 2023 at no cost to themselves as part of our sponsorship. All orders, including your size and choice of polo will need to be made to Trey by Friday 16 December so that a bulk order can be made. Late orders will not be accepted as this is a once only offer.
Why Federal Court Decisions Matter
In the legal world, the Federal Court is higher in the pecking order than the AAT. Unlike AAT decisions, Federal Court decisions set precedents, meaning that the NDIA and the AAT must follow them. However, the Agency doesn’t have the best track record when it comes to this point.
It’s still pretty difficult to access sex work through the NDIS, for example, even though the Federal Court deemed it a reasonable and necessary support for a participant. And we hear the NDIA’s stubbornness on the so-called three levels of transport, which the Federal Court found to be in conflict with the NDIS Act for Mr. McGarrigle in 2017, is still causing issues. Perhaps the new leadership will update guidelines and practices based on the learnings we have obtained from the AAT and Federal Court. Until then, it’s critical that people with disability, advocates, nominees, and providers are aware of this decision and their rights to review decisions.
The impact of NDIA v Davis should not be underestimated, as it has the potential to significantly expand the population eligible for NDIS support. This has already been a mammoth year for the NDIS. With the 10 -year review announced, Scheme sustainability on the government’s mind, and legal pressure to expand the Scheme to new entrants, the new leadership has its work cut out. But it’s exciting times ahead for those who, thanks to this clarification, can access worldclass supports for the first time.
To obtain a copy of WhatsUp in Disability magazine or to be a sponsor, please contact WhatsUp via: Office 11-15 Alexander Street, Toowoomba
Email admin@whatsupindisability.org
Online www.whatsupindisability.org
Media Statement
Minister for Seniors and Disability Services and Minister for Aboriginal and Torres Strait Islander Partnerships
The Honourable Craig Crawford
Queensland’s state disability plan launched during Disability Action Week 2022 represents a new phase in action towards an accessible and inclusive state for people with disability.
The plan, Queensland’s Disability Plan 2022–27: Together, a better Queensland, was developed in collaboration with people with disability, putting lived experiences of disability at the centre of planning.
This is the first plan since Queensland’s full transition to the National Disability Insurance Scheme (NDIS) and builds on the former plan, All Abilities Queensland.
Aligning with Australia’s Disability Strategy, Queensland’s plan highlights seven priority
areas for action, including employment, inclusive homes, safety, community support, education, health and community attitudes.
The plan also allows for the unique aspects of the state’s peoples, regions and diversity, to help ensure each of the more than 900,000 Queenslanders with disability has an opportunity to reach their full potential.
Following the release of the state disability plan, Queensland Government agencies will develop their own disability plans and deliver on actions across the priority areas.
The plan also encourages all levels of government, businesses, industries and organisations to develop and promote inclusion plans, with links to online resources to support planning.
Find out more about Queensland’s Disability Plan 2022–27: Together, a better Queensland at www.qld.gov.au/qld-disability-plan
Paul Myatt Community Centre
Come
There will be games and presents from the big man himself as well as a table full of delicious food and
Community Centre Christmas
Come one, come all to our Day Centre Christmas party and wear your best Christmas accessory (and smile) for a smorgasbord of fine foods (and some just plain delicious) to get you into the Spirit of the Holiday Season. Bookings are essential the fun is natural.
Staff Christmas at Stoney Creek
Everyone is welcome and it should be a great fun day! Numbers to Trey please.
It is important for participants to know how to protect their plan from criminals and other dishonest people. The first step they can take is understanding their plan. As an NDIS participant, they have a right to fully and completely understand your plan.
Knowing what their plan includes, how it has been designed, what they can do with the plan and how it relates to their goals is important.
If you suspect someone is doing the wrong thing with NDIS funds, you should report suspected fraud or non-compliance by:
• Phone the NDIS Fraud Reporting and Scams Helpline on 1800 650 717
• emailing fraudreporting@ndis.gov.au. You can also report to the NDIS Commission.
• Phone 1800 035 544
We are moving to Clifford Street
Carpets are being laid from Monday 5 December to Thursday 8 December.
On Friday 9 December we will be moving all of the furniture, photocopier and files and the company cars and key drop will be relocated to Alexander Street.
On Monday 12 December our phones and computers are being set up so we will not be contactable on the landline until this has been completed.
With all of our dogs in a row, we should be up and running by late Monday 12 December.
Some sad losses in November
Sophie Glanville
20 years old
One of our favourites, always happy, with a smile that would light up the room.
Tracey Reynolds
64 years old Sean Reynolds mother.
Tracey and her husband were battling cancer since 2016 and sadly Tracey lost that battle.
Luke McDiarmid
43 years old
Luke had recently given up drinking and smoking and appeared to be on the road to recovery.
Shane Matveyeff
41 years old
Shane had an acquired brain injury and was physically disabled requiring 24 hour care.
International Day of People with Disability
Saturday 3rd December 2022
Celebrates and raises awareness of people with disability and equitable opportunities in all aspects of life.
IDPwD is a United Nations observed day celebrated internationally. It aims to increase public awareness, understanding and acceptance of people with disability and celebrate their achievements and contributions.
