‘No adequate safeguards': NDIS participants under state guardianship for too long, public advocate warns
Children and Young People with Disability Australia (CYDA) recently surveyed more than 200 young people and their caregivers given the current debate around participants exiting the scheme without long-awaited foundational supports in place.
Foundational supports – which were meant to be rolled out this month but won't be in place until at least December – involve providing children who need it the extra support in settings such as daycare programs instead of needing a full NDIS plan.
CYDA found that almost all respondents believed the NDIS reassessment process was unfair or unreasonable, while more than half said it left them feeling worried and afraid. Some respondents even reported feeling suicidal.
The majority of respondents who had received an eligibility reassessment letter either were or had a child with autism, leading to concerns that certain cohorts were bearing the brunt of the government's bid to drive down costs.
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Perth woman Mandaii Burgess, who has a seven-year-old with level-three autism, said her son's therapy supports were recently cut quite significantly.
'He has had a regression in communication and daily living skills,' Burgess said. 'There are times when I can't get him to talk to me at all. He needs 24/7 supervision. I can't let him out of my sight at all.'
The mother of two is challenging the assessment but says the process has cost her sleep.
'My mental health has been significantly impacted.'
CYDA chief executive Skye Kakoschke-Moore said the reassessment processes needed a complete redesign.
'So often when we talk about the NDIS, we refer to it in terms of numbers, stats and dollar amounts. But underneath all those numbers are real families and real children,' Kakoschke-Moore said.
An NDIA spokesperson said the agency was determined to strengthen the scheme – including for those on guardianship orders and undergoing eligibility reassessments – through feedback and co-design with people with lived experience.
'While guardianship orders are legislated and implemented through the state and territory governments, the NDIA maintains that guardianship orders (or the reappointment of a guardian) should only occur as a last resort, where there is no less restrictive alternative to protect and promote the human rights of an adult with disability.'
A federal government spokesperson said the timeline for providing evidence as part of NDIS eligibility reassessments had already been extended from 29 to 90 days.
'We want the NDIS to be the best it can be,' they said.
'We are focused on ensuring the NDIS delivers better, consistent and fair decisions, operates transparently and protects the safety and upholds the rights of participants.'

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ABC News
2 days ago
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Disability advocates say NDIS changes disregard alternative therapy benefits
On the red dirt in the outskirts of Kalgoorlie in Western Australia, a large, dark bay horse gently nuzzles Cooper in the chest. The 16-year-old in a wide-brim cowboy hat smiles. It is a sweet moment between the two friends. Cooper remembers being sceptical when his parents first suggested equine therapy as a way to build confidence and better manage his emotions during a difficult period. But he gave it a go. And the results, he says, have been life-changing. "It helps regulate my emotions. "When you're in control of such a big animal, it makes the other big things in life seem less scary." In his first equine therapy session, Cooper bonded with a horse named Rio. "Rio's the biggest and scariest," he said. "He weighs over half a ton. "They say he has ADHD (attention deficit hyperactivity disorder), which is OK because I do too." Now, as Cooper gently brushes Rio under the dappled shade of a gum tree, both seem very serene. Cooper, who also has autism, accessed equine therapy through the National Disability Insurance Scheme (NDIS). However, that stopped in October when the federal government introduced significant changes to the NDIS to reduce costs, including no longer funding equine therapy. Peak disability advocacy bodies have told the government some of the new rules are too "medicalised" and don't consider the benefits of some alternative therapies. The feedback was part of a consultation period on the new NDIS Support rules, open for public submissions until July 27. The NDIS Support rules list what is and is not funded. You can read it here. One of the major changes is that the NDIS will no longer fund supports that are not "evidence-based" or directly linked to someone's disability. Equine therapy falls under the umbrella of animal therapies, which are activities designed for people to have a positive experience with animals. It can include things like rabbit petting, playing with puppies or horse riding. Often, the goal is to help people cope with or recover from mental and physical health conditions, but it can vary. Under the changes, animal therapy has been deemed an "alternative" or "complementary therapy" and now falls in the same excluded category as tarot card reading, aromatherapy and crystal therapy. Assistance animals, like guide dogs, that are specially trained to help someone manage a disability, remain funded. As does animal-assisted therapy, which is where an accredited therapist uses an animal to help clients engage in therapy and get the most out of their sessions. Music and art therapy also remain funded by the NDIS, as long as the therapists are registered with the relevant peak bodies, which require them to have undergone recognised training and accreditation. In May, the government held online consultation sessions with disability peak bodies around the NDIS Support rules. A summary document of the feedback says there is evidence some supports no longer funded by the NDIS, like (alternative) therapies, work well for people with disability, where it meets their needs. "Participants particularly spoke about therapies. They said the lists are 'medicalised' and do not consider the benefit of some alternative therapies to participants." Other feedback included that remote communities need to be considered separately from metropolitan areas. "There are gaps in services in rural and remote communities that means more flexibility is needed." The Department of Social Services (DSS), which is running the consultations, says the feedback will help make decisions about what supports will and won't be funded in the future. People with Disability Australia was one of the peak advocacy organisations to contribute to the May round of consultation. Acting chief executive Megan Spindler-Smith said there were concerns the lists were too medicalised and too focused on being evidence-based. "This drive to be evidence-based is important, but what it means is that a lot of things like alternative therapies we know work in specific cases, or for some groups of people with disability, are not able to be considered," they said. Mx Spindler-Smith said the term "evidence-based" was also problematic because people with disability had historically not been allowed to take part in research, particularly clinical research. "So then that evidence doesn't necessarily link exactly to our direct lived experience." Another concern, Mx Spindler-Smith said, was the lack of consideration and flexibility for those living in non-metropolitan areas to access funded support services. "Registered therapists don't necessarily have a home base in many regional and remote areas," they said. "Which means that there are cohorts that are never going to be able to access it in the same way and therefore have been using non-registered therapists or people who can provide a similar level under supervision but cannot be seen as part of the list." Mx Spindler-Smith said it was important those in the disability community shared their views and experiences. "Right now, there is an opportunity until July 27 for you to have your say," they said. Lynette Keleher is the owner and operator of Breakthrough Equine Therapy, where Cooper does his lessons. Ms Keleher said Cooper was just one of hundreds of young people on the NDIS she had seen benefit from equine therapy over the years. She likened it to learning a new language or musical instrument in terms of how it engaged the body, brain and emotions. "We have a retainment rate of 90 per cent. Week after week, our clients return eager to see their favourite horse and reconnect. "You can see their troubles, negative thoughts and self-doubts disappear." Ms Keleher said previously, the business had about 50 per cent NDIS clients but had to pivot to offering other services when the changes came into effect. She said the financial impact meant a reduction in the number of staff — many of whom were NDIS participants employed through Breakthrough. Kalgoorlie-Boulder resident Jo Russell said her 21-year-old daughter Megan, regularly attended the equine therapy sessions at Breakthrough. "The gains she had made — it matched up with her NDIS goals. It aligned with what we were trying to develop and create for her and with that little stroke of the pen … it's all gone." Megan Russell requires full-time care. She is non-verbal, has autism, an intellectual disability and hip dysplasia. Her mother, Jo Russell, said the equine therapy sessions had both psychosocial and physical benefits. The physical benefits came from sitting up straight in the saddle and riding, which improved her daughter's mobility, posture and flexibility. And the psychosocial benefits, Ms Russell said, came from feeding and grooming horses, and interacting with staff, which helped break down the interpersonal gaps that came from her autism and avoiding contact. Ms Russell said continuing with the sessions, without the support of the NDIS, was not financially feasible. "[My daughter] is on a disability support pension. I'm on a disability support pension. I couldn't afford it for her, she couldn't afford it for herself," Ms Russell said. Ms Russell said she had heard similar stories from other members of the Goldfield region's disability community. "They're all very distressed because some of them can see their children regressing," she said. "The gains that have been made [through equine therapy], have now been lost." Ms Russell said the changes disproportionately affected regional and remote communities, like Kalgoorlie-Boulder, which struggled to attract and retain experienced specialists and health professionals. Psychologist and animal-assisted therapy expert, Professor Pauleen Bennett, said while there could be benefits to activities like equine therapy — the term "therapy" was misleading and the lack of regulation and oversight had the potential to cause harm. Professor Bennett said the alternative could be damaging and meant people might be missing out on real therapy with a qualified therapist. "For me, the critical difference is whether it's therapy or whether it's something else," she said. "That doesn't mean we shouldn't be doing it, and maybe the NDIS needs to be looking as some sort of way of accrediting people or organisations who do animal-assisted activities, but without calling it therapy," she said. Without the proper checks and balances that existed for other allied health services, Professor Bennett said anyone could claim to provide animal therapy — and there was no way for people to know whether it was fantastic or terrible. "We need some way of ensuring that the activities that they're doing are having a positive benefit," she said. "For some people, they definitely are. But without some sort of quality control … it's difficult to know." Meanwhile, Cooper and his family will be watching the outcome of the NDIS Support rules review closely. The Kalgoorlie teenager has not stopped equine therapy sessions entirely, but without the support of NDIS funding, they say visits will be fewer and far between.

Sydney Morning Herald
13-07-2025
- Sydney Morning Herald
‘No adequate safeguards': NDIS participants under state guardianship for too long, public advocate warns
There are also calls for the NDIA to overhaul the way it conducts eligibility reassessments, particularly for families who have children with severe autism. Children and Young People with Disability Australia (CYDA) recently surveyed more than 200 young people and their caregivers given the current debate around participants exiting the scheme without long-awaited foundational supports in place. Foundational supports – which were meant to be rolled out this month but won't be in place until at least December – involve providing children who need it the extra support in settings such as daycare programs instead of needing a full NDIS plan. CYDA found that almost all respondents believed the NDIS reassessment process was unfair or unreasonable, while more than half said it left them feeling worried and afraid. Some respondents even reported feeling suicidal. The majority of respondents who had received an eligibility reassessment letter either were or had a child with autism, leading to concerns that certain cohorts were bearing the brunt of the government's bid to drive down costs. Loading Perth woman Mandaii Burgess, who has a seven-year-old with level-three autism, said her son's therapy supports were recently cut quite significantly. 'He has had a regression in communication and daily living skills,' Burgess said. 'There are times when I can't get him to talk to me at all. He needs 24/7 supervision. I can't let him out of my sight at all.' The mother of two is challenging the assessment but says the process has cost her sleep. 'My mental health has been significantly impacted.' CYDA chief executive Skye Kakoschke-Moore said the reassessment processes needed a complete redesign. 'So often when we talk about the NDIS, we refer to it in terms of numbers, stats and dollar amounts. But underneath all those numbers are real families and real children,' Kakoschke-Moore said. An NDIA spokesperson said the agency was determined to strengthen the scheme – including for those on guardianship orders and undergoing eligibility reassessments – through feedback and co-design with people with lived experience. 'While guardianship orders are legislated and implemented through the state and territory governments, the NDIA maintains that guardianship orders (or the reappointment of a guardian) should only occur as a last resort, where there is no less restrictive alternative to protect and promote the human rights of an adult with disability.' A federal government spokesperson said the timeline for providing evidence as part of NDIS eligibility reassessments had already been extended from 29 to 90 days. 'We want the NDIS to be the best it can be,' they said. 'We are focused on ensuring the NDIS delivers better, consistent and fair decisions, operates transparently and protects the safety and upholds the rights of participants.'