scholarly journals Supporting Choice and Control—An Analysis of the Approach Taken to Legal Capacity in Australia’s National Disability Insurance Scheme

Laws ◽  
2019 ◽  
Vol 8 (2) ◽  
pp. 8 ◽  
Author(s):  
Emily Cukalevski

In mid-2013, the Australian federal government introduced the National Disability Insurance Scheme (NDIS), a ground-breaking reform of disability support services, encapsulated by the mantra of increasing “choice and control”. The scheme provides eligible persons with disabilities a legislated entitlement to supports they may require to increase their independence and social and economic participation. The NDIS has been hailed as a major step forward in Australia’s efforts to realize the human rights of persons with disabilities, in accordance with the UN Convention on the Rights of Persons with Disabilities (CRPD). A core aspect of the CRPD is guaranteeing persons with disabilities their civil and political right to equality before the law, including their right to enjoy legal capacity on an equal basis with others, as provided by Article 12 of the CRPD. The purpose of this paper is to examine how the concept of choice and control has been operationalized within the NDIS and to critically analyze the extent to which it accords with the requirements of Article 12. It will be argued that even though the NDIS expressly seeks to implement the CRPD as one of its key objectives, it ultimately falls short in fully embracing the obligations of Article 12 and the notions of autonomy and personhood underlying it.

2016 ◽  
Vol 5 (1) ◽  
Author(s):  
Paul Emong ◽  
Lawrence Eron

Background: Uganda has embraced inclusive education and evidently committed itself to bringing about disability inclusion at every level of education. Both legal and non-legal frameworks have been adopted and arguably are in line with the intent of the Convention on the Rights of Persons with Disabilities (CRPD) on education. The CRPD, in Article 24, requires states to attain a right to education for persons with disabilities without discrimination and on the basis of equal opportunities at all levels of education. Objectives: Despite Uganda’s robust disability legal and policy framework on education, there is evidence of exclusion and discrimination of students with disabilities in the higher education institutions. The main objective of this article is to explore the status of disability inclusion in higher education and strategies for its realisation, using evidence from Emong’s study, workshop proceedings where the authors facilitated and additional individual interviews with four students with disabilities by the authors. Results: The results show that there are discrimination and exclusion tendencies in matters related to admissions, access to lectures, assessment and examinations, access to library services, halls of residence and other disability support services. Conclusion: The article recommends that institutional policies and guidelines on support services for students with disabilities and special needs in higher education be developed, data on students with disabilities collected to help planning, collaboration between Disabled Peoples Organisations (DPO’s) strengthened to ensure disability inclusion and the establishment of disability support centres.


2014 ◽  
Vol 6 (2) ◽  
pp. 25-39 ◽  
Author(s):  
Jenny Green ◽  
Jane Mears

The National Disability Insurance Scheme (NDIS) is a major paradigm shift in funding and support for people with disability in Australia. It is a person centered model that has at its core a change in government funding away from service providers direct to individuals with disability. In principle it is heralded as a major step forward in disability rights. Nonetheless, the implementation poses threats as well as benefits. This paper outlines potential threats or risks from the perspective of not-for-profit organisations, workers in the sector and most importantly people with disability.  It draws on a range of recent reports on the sector, person centered models of funding and care, the NDIS and past experience. Its purpose is to forewarn the major issues so that implementers can be forearmed. 


Author(s):  
Christiane Purcal ◽  
Karen R. Fisher ◽  
Ariella Meltzer

Australia is implementing an ambitious new approach to individualised disability support based on a social insurance model. In a world first, the National Disability Insurance Scheme (NDIS) is funded through a levy on income and general taxation and gives Australians with disability an entitlement to social service support. This chapter describes the NDIS approach and implementation so far and summarises concerns and challenges about the NDIS discussed in the literature. It uses data from an action research project to inform feasibility questions about how people find out about and receive the individualised support they need. The chapter highlights a basic gap in people’s familiarity with what individualised support is, how it works and how they might benefit from the new approach. A policy implication is that, with the expansion of individualised support, the public is likely to need various opportunities and forms of information sharing, to explore and learn from each other about what the new approach is and what its possibilities are.


2021 ◽  
Author(s):  
Nicole Ineese-Nash

This paper details an institutional ethnography conducted in Constance Lake First Nation, a rural Oji-Cree community in northern Ontario, Canada. The study is a part of a larger project called the Inclusive Early Childhood Service System Project, which is partnered with several municipalities and service organizations in four communities across Ontario. The current project examined six family narratives of accessing disability support services for young children. The project seeks to understand how the service system functions from the perspective of families, and the impact of institutional interactions on families within the service system. Employing critical disability theory and Indigenous perspectives of child development, the study seeks to develop a culturally-based conceptualization of disability support for Indigenous children with disabilities or gifts.


Author(s):  
Samantha J. Herrick ◽  
Weili Lu ◽  
Deanna Bullock

This study examined the relationship between acceptance of disability, perceived stigma of students on a college campus and adaptation to college for students with disabilities. One hundred forty-five surveys were collected from student participants via the disability support services offices at sixteen colleges or universities in the northeast and mid-west United States. The results of a hierarchical multiple regression analysis revealed two statistically significant relationships, students with a higher level of acceptance of disability were more adapted to college, and higher GPA was associated with less adaptation to college. The exploratory test of mediation revealed that the relationship between acceptance of disability and adaptation to college was significantly mediated by perception of stigma on a college campus. The implications for higher education support services and recommendations for future research are discussed.


2015 ◽  
Vol 45 (suppl 1) ◽  
pp. i98-i116 ◽  
Author(s):  
Lisa Brophy ◽  
Annie Bruxner ◽  
Erin Wilson ◽  
Nadine Cocks ◽  
Michael Stylianou

1996 ◽  
Vol 27 (3) ◽  
pp. 54-59 ◽  
Author(s):  
Annemarie Carroll ◽  
Claudia E. Johnson Bown

In recent years, the number of students in higher education who are requesting services, from university offices of Disability Support Services (DSS) has increased dramatically, While surveys suggest that the majority of DSS offices are providing academic support services to their students with disabilities, these services, while necessary, are not sufficient to address the needs of these students in a holistic fashion. This article will discuss ways in which the philosophy of rehabilitation counseling can be utilized to assist the DSS office in providing more comprehensive services, with the goal of increasing the students' functioning to the highest level possible in all areas of their lives. Through adherence to this philosophy, the DSS office can become an effective extension of the rehabilitation process to students with disabilities.


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