NDIS Impact on Transport Service Providers

1. Presentation key points: • NDIS is here to stay and ultimately rolled out to impact on ALL transport service providers ! • What legal recognition is given for participant transport in NDIS? • Participants’ rights to input/influence NDIS decisions on funding “reasonable and necessary supports” • Who manages participants’ funded support plans? • Greater NDIS competitive environment – impact on every person/organisation that is a “transport service provider” • Surviving in NDIS = managing your unit costs and new models of participants’ transport services !!

2. NDIS is here to stay and ultimately rolled out to impact on ALL transport service providers ! • More than 411,250 persons across Australia eligible for NDIS funded plans (Productivity Commission Inquiry Report “Disability Care and Support” No. 54 31 July 2011 p. 754 ) • As at 31 December 2015 “22,281 participants had an approved plan” ( NDIA’s “Report on the sustainability of the scheme 1 July 2013 to 31 December 2015” p.3) • “The average annualised package cost across all trial sites at the end of December 2015 is $39,583 “ (ibid)

3. NDIS is here to stay and ultimately rolled out to impact on ALL transport service providers ! Whether the participant was previously in a state or commonwealth funded program (Existing – blue & purple) or not (New – brown & green) NDIA “Participant Dashboard – Hunter Trial Site – December 2015”

4. What legal recognition is given for participant transport in NDIS? • NDIS Act 2013 (Cwth) – sec. 3 – Objects of the Act: (extracts only) • Provide reasonable and necessary supportsfor participants in the NDIS launch (s.3(1)(d)) • Enable people with disability to exercise choice and control in the pursuit of their goals and the planning and delivery of their supports (s.3(1)(e)) • Adopting an insurance-based approach, informed by actuarial analysis, in the provision and funding of supports for people with disability(s.3(2)(b)) • In giving effect to the objects of the Act, regard is to be had to … the need to ensure the financial sustainability of the NDIS (s.3(3)(b))

5. What legal recognition is given for participant transport in NDIS? • National Disability Insurance Scheme Act 2013 • National Disability Insurance Scheme Rules (pursuant to sec. 17 of Act) << Supports for Participants Plans r.7.21 - Transport • NDIA’s CEO “Operational Guidelines” (pursuant to a Rule under the Act) << Operational Guideline – Planning and Assessment – Supports in the Plan – Interface with Transport

6. What legal recognition is given for participant transport in NDIS? National Disability Insurance Scheme (Supports for Participants) Rules 2013 Transport 7.21 The NDIS will be responsible for: (a) supports for a person that enable independent travel, including through personal transport-related aids and equipment, or training to use public transport; and (b) modifications to a private vehicle (ie not modifications to public transport or taxis); and (c) the reasonable and necessary costs of taxis or other private transport options for those not able to travel independently.

7. What legal recognition is given for participant transport in NDIS? National Disability Insurance Scheme (Supports for Participants) Rules 2013 7.22 The NDIS will not be responsible for: (a) ensuring that public transport options are accessible to a person with disability, including through the funding of concessions to people with disability to use public transport; or (b) compliance of transport providers and operators with laws dealing with discrimination on the basis of disability, including the Disability Standards for Accessible Public Transport 2002; or (c) transport infrastructure, including road and footpath infrastructure, where this is part of a universal service obligation or reasonable adjustment (including managing disability parking and related initiatives).

8. What legal recognition is given for participant transport in NDIS? A KEY POINT TRANSPORT SERVICE PROVIDERS “The NDIS is generally more appropriate to fund the following reasonable and necessary supports … Community transport, taxi and other private transport for participants with ongoing functional impairments which make public travel unfeasible or inappropriate.” (NDIA Operational Guideline – Planning and Assessment – Supports in the Plan – Interface with Transport p.3)

9. What legal recognition is given for participant transport in NDIS? KEY POINT – ALL NDIS FUNDED SUPPORTS ARE FIXED UNIT PRICES AND PUBLISHED IN NDIA’S PRICE GUIDE … These prices are calculated by NDIA using the “NDIA report on the methodology of the efficient price” (18 July 2014)

10. What legal recognition is given for participant transport in NDIS? PARTICIPANT TRAVEL IN PRICE GUIDE Level 1 – The NDIS will provide up to $1,539 per year for participants who are not working, studying or attending day programs but are seeking to enhance their community access. Level 2 – The NDIS will provide up to $2,377 per year for participants who are currently working or studying part-time (up to 15 hours a week), participating in day programs and for other social, recreational or leisure activities. Level 3 – The NDIS will provide up to $3,326 per year for participants who are currently working, looking for work, or studying, at least 15 hours a week, and are unable to use public transport because of their disability. Exceptional circumstances – participants can receive higher funding, up to $6000 per year, if the participant has supports (mainstream, informal or funded) in their plan that enables their participation in employment.

11. Participants’ rights to input/influence NDIS decisions on funding “reasonable and necessary supports” • People with disability have the same right as other members of Australian society to be able to determine their own best interests, including the right to exercise choice and control, and to engage as equal partners in decisions that will affect their lives, to the full extent of their capacity. (NDIS Act s.4 (8)) • Participant’s Plan must include any general or reasonable and necessary supports that will be provided or funded as part of the plan. • Supports must provide value for money(s.34 ) • Delegate documents statement of reasonsfor the decision (the letter that accompanies the provision of the plan) and provide a copy of the plan to the participant within 7 days.

12. Who manages participants’ funded support plans? “There are four ways you (participants) can manage the funding for your supports: 1. Self-managed 2. Registered plan management provider 3. NDIA managed 4. A combination of the above. “ (NDIA Factsheet “Managing your supports and NDIS funding” p.1)

13. Greater NDIS competitive environment – impact on every person/organisation that is a “transport service provider” • Under NDIS who might be a “transport service provider” directly or as a brokerage to an organisation providing services to participants under their Service Agreement? • Community transport operators • Taxis • Uber • Disability/aged care/community care organisations • Charter transport operators • Private vehicles – carers, neighbours, friends, relatives.

14. Greater NDIS competitive environment – impact on every person/organisation that is a “transport service provider” “Participants are able to exercise choice and control about the selection of their providers. Unless a participant’s plan is managed by the National Disability Insurance Agency (NDIA), there is no restriction under the NDIS on who may provide supports under the participant’s plan. This includes the possibility that a participant may choose a provider who is not a registered provider to provide the supports under their plan. … It is only when funding for a participant’s supports is managed by the NDIA that the supports must be provided by a registered provider. However, a participant may ask the NDIA to register an applicant to be a registered provider in respect of that participant only.” (NDIA Operational Guideline – Registered Providers of Supports” paras. 8 & 9, p 1)

15. Surviving in NDIS = managing your unit costs and new models of participants’ transport services • What costs are to be included in total cost? • e.g. does “indirect costs” include valuing real “shadow costs” such as volunteers’ direct service labour hours? • How are real costs identified and valued? • e.g. apportioning share of all expenses; use of capital; lifecycle costs • What is the “unit” being measured for vehicle costs of NDIS Transport operations? • e.g. is the vehicle cost per kilometre the only measure for NDIS or is cost per vehicle • What level of output units (critical mass) is being forecast? • e.g. $35.20 unit cost at 1,200 hours pa

16. Final questions? Thank you Ken