Department of Social Services Consultation on the NDIS Supports Rules

The Australian Psychological Society (APS) provided a submission to the Department of Social Services (DSS) consultation on the National Disability Insurance Scheme (NDIS) Supports Rules. 
The Supports Rules are the legislative instrument which sets out what kinds of supports are funded by the NDIS and what supports are not funded. The proper design, interpretation and application of the Supports Rules is therefore critical to the effective and intended operation of the NDIS.

In our submission:

• The APS sought to contextualise the Department’s consultation and our response within broader political signals about the need for the NDIS to be scaled back in scope and funding, including further cuts to needed psychology services. We therefore sought to bring to attention the challenges of ongoing consultations and the growing uncertainty surrounding the NDIS’s future. The APS called for clarity and stability, including in the development of the Supports Rules, to ensure services can operate effectively during this phase of transition and change.
   
• We noted that that many concerns raised in our 2024 submission on the Draft NDIS Support Lists remain unresolved, negatively impacting both participants and providers. This includes serious concerns that the NDIS Support Rules continue to discourage evidence-based practice, including psychological supports which are grounded in sound research and practice.
   
• We highlighted concerns in relation to the increasing ambiguity and uncertainty in relation to how the lists of supports, including in the Interim Rules, are being interpreted. We showed examples of how the wording of the Rules is interpreted in a way which inappropriately excludes funding for psychology supports, and highlighted our concerns about the potential unsoundness of decisions made based on flawed interpretations.

The APS remains committed to participating in reforms to protect the sustainability and effectiveness of the NDIS. In the development of the Supports Rules and throughout this period of change in the NDIS, we will advocate for changes which balance the need for financial sustainability with the need for good decision-making, evidence-based practice, collaboration with providers and, ultimately, positive outcomes for participants.

View submission