DISABILITYCARE AUSTRALIA EXTERNAL MERITS REVIEW - SUPPORT COMPONENT External Merits Review The Government has provided funding for an external merits review system. This is important in ensuring DisabilityCare Australia decisions are fair and robust. The Administrative Appeals Tribunal (AAT) will be the external merits review body for the first stage of DisabilityCare Australia. The Government is undertaking work to ensure the external merits review system is accessible and as nonadversarial as possible for people with disability and has provided a number of measures to meet this commitment. These include the creation of a designated DisabilityCare Australia Division of the AAT as well as support for people requesting a review of DisabilityCare Australia decisions. The focus of the support component is on non-legal support services. The external merits review system provides a support person to assist applicants to navigate the process of seeking AAT review of DisabilityCare Australia decisions, foster ‘self-advocacy’ where possible, and provide limited legal support in circumstances where complex or novel legal issues are raised. Support Component The support component provides a support person to assist applicants to navigate the process of seeking AAT review of DCA decisions, foster ‘self-advocacy’ where possible, and provide limited legal support in circumstances where complex or novel legal issues are raised. All applicants seeking external merits review by the AAT are entitled to a support person. Limited legal services will also be provided where a case meets specified criteria relating to the extent to which complex questions of law or novel legal issues have arisen. This will be determined by a Central Assessment Provider (CAP). Where legal assistance is provided, the support person may also continue to be involved (where requested by the applicant). The support component meets the requirement that external merits review should be non-legalistic, minimise the need for legal representation and provide support for self-representation by • • • •
fostering the self-advocacy approach under NDAP separating the provision of support and legal services utilising the expertise of existing providers in dealing with people with disability providing, in rare cases, legal assistance.
Support Person Role in the External Merits Review Process The support role will • •
foster self-advocacy (supporting individuals to put their own case before the AAT) where self-advocacy is not appropriate, provide individual advocacy support, developing and implementing an individual plan in partnership with the applicant
• • • •
assist applicants to navigate the process of seeking AAT review of Agency decisions, including preparing documents, attending conferences and hearings refer to the CAP where legal issues are highlighted and a determination needs to be made as to whether legal assistance is warranted (for complex or novel legal cases) provide a community education role by providing information about the availability and role of the support person assist in the development of skills in self-advocacy – individual or group sessions.
The support person will not • •
be available for DCA internal review provide advocacy in the agency for clients other than those engaged in the external merits review process.
The availability of independent advocacy is a necessary safeguard for people with disability who are facing complex issues about their rights or well-being and for those who find it difficult to advocate for themselves and do not have strong family member advocates. This provision will continue through NDAP and parallel state and territory programs.
Need EMRSS support? Contact the BINSA EMRSS support person either via email emrss@binsa.org, or call us on 08 8217 7600 or for country callers toll free on 1300 733 049