The National Disability Insurance Scheme (NDIS) is designed to support Australians with disabilities by providing them with access to services and supports that enhance their quality of life. Central to the NDIS is the protection of participants’ rights, ensuring that they are treated with respect, dignity, and fairness. This article focuses on your key rights as NDIS participants and practical steps you can take if you feel that your rights have been violated.
1. Choice and Control
One of the foundational principles of the NDIS is that participants have the right to exercise choice and control over their supports and services. Therefore they can:
- choose their service providers,
- decide on the types of supports they need,
- and have a say in how they receive those supports.
If participants are not satisfied with their current service provider, they have the right to switch providers and explore other options that better meet their needs.
If you feel that your provider isn’t respecting your right to choice and control, first speak directly with your provider about your concerns. In case this doesn’t help, consider contacting the NDIS Quality and Safeguards Commission (NDIS Commission) or using an advocate to help you raise your concerns.
2. Respect and Dignity
All NDIS participants have the right to be treated with respect and dignity. This right ensures that participants are valued and listened to throughout their interactions with service providers. It also includes that they get the supports in a way that acknowledges their individuality, personal preferences, cultural background, and specific needs. Participants should always feel respected and never diminished because of their disability.
If someone treats you disrespectfully, try discussing the issue with your service provider. If this feels difficult or the issue continues, seek help from an independent advocate who can support you, or file a complaint with the NDIS Commission.
3. Privacy and Confidentiality
NDIS participants have a right to privacy, and service providers must respect and protect their personal information. This includes ensuring that the provider handles sensitive data securely and only shared with consent or when required by law. Sensitive data include health and financial details. Participants should feel confident that:
- the service provider keeps their information confidential,
- used only for the purpose of delivering the necessary services.
If you believe that your service provider shared your information without your consent, you can report this to your provider, request they investigate, and, if needed, file a complaint with the NDIS Commission.
4. Access to Information
Participants have the right to receive clear, accurate, and transparent information about their NDIS plan, funding, and the services available to them. Moreover, this right empowers participants to make informed decisions about their care and support. Whether it is information about the funding process, service options, or how to resolve issues, participants have the right to clear communication from their service providers and the NDIS.
If you’re not receiving clear information, ask your provider for details in simpler terms. If this doesn’t help, reach out to NDIS for further assistance or contact an advocate to support you in obtaining the information you need.
5. Safety and Protection
NDIS participants have the right to a safe environment, free from abuse, neglect, and exploitation. Therefore, service providers must ensure that they deliver the supports in a way that protects participants from harm. If a participant feels unsafe or mistreated, they have the right to raise concerns and expect prompt action to ensure their safety.
If you feel unsafe, immediately speak to someone you trust. Report any unsafe or harmful situations to the NDIS Commission, or call emergency services if you are in immediate danger.
6. Equality and Non-Discrimination
Every NDIS participant has the right to fair treatment, without discrimination based on their disability, background, gender, or other personal characteristics. This right ensures that participants have fair access to the supports they need and that no one is unfairly excluded from opportunities to participate in community life. Moreover, NDIS participants should feel empowered to live their lives without facing prejudice or bias.
If you feel discriminated against, report this to your service provider or advocate. If this doesn’t resolve the issue, contact the NDIS Commission for help.
7. Right to Raise Complaints and Provide Feedback
Participants have the right to provide feedback or make complaints if they are not satisfied with their services. This right ensures that participants can express concerns about the quality of their care or any issues they encounter without fear of negative consequences. The NDIS and service providers must handle complaints seriously and resolve them in a timely manner.
If your provider ignores your complaints, reach out to the NDIS Commission. You can also contact an independent advocate to help file and follow up on your complaint.
8. Right to Advocate for Their Needs
NDIS participants have the right to advocate for their needs and to have their voice heard in decisions affecting their care. This means they can actively participate in developing their NDIS plan and communicate their preferences. In cases where participants may need additional support to advocate for themselves, they can get assistance from independent advocates.
If you feel that your needs aren’t being heard, seek support from an independent advocate who can help you communicate your needs effectively.
Conclusion
The rights of NDIS participants are fundamental to the success of the scheme. By ensuring choice, dignity, safety, and equality, the NDIS empowers individuals to take control of their own lives and make decisions that are right for them. Participants should feel confident in their ability to access the services they need. They should also feel comfortable to raise concerns when there is a violations of their rights. Understanding these rights is essential for participants to navigate the NDIS and ensure they receive the quality care and support they deserve.