Submission to the NDIS National Consultation, Department of Social Services - April 2015

The Victoria Equal Opportunity and Human Rights Commission welcomes the opportunity to respond to the Consultation Paper on the proposal for a National Disability Insurance Scheme (NDIS) Quality and Safeguarding Framework.

Under existing law, people with a disability in Victoria have some of the greatest human rights protections in the country. The Commission is concerned to ensure that the protection of the Charter and other legal safeguards are not diminished with the transition to the full national NDIS. There is a lack of clarity as to whether safeguards under the Charter and other State legislation will continue to apply to people with disabilities in Victoria under the full Scheme, and therefore deliberate legal protection in the national scheme is required.

As such, the NDIS Quality and Safeguarding Framework must identify and set out at law human rights standards for both rights holders and duty bearers. The Framework must also ensure that people with a disability in Victoria, who are currently entitled to significant protection, are not worse off after the transition to a national scheme.

Download a copy of the Commisison's submission below.