NDIS, decision-makers and QCAT

The National Disability Insurance Scheme (NDIS) is one of the biggest social assistance programs implemented in Queensland in recent memory.

The government expects the scheme to almost double the number of Queenslanders currently accessing disability services, enabling 97,000 Queenslanders with a disability able to access the scheme when implementation is complete.

The NDIS is overseen by the National Disability Insurance Agency (NDIA) and intersects with QCAT’s service delivery as we appoint substitute decision-makers for adults with impaired decision-making capacity.

Decision-makers will likely help these adults assess, negotiate and enter into contracts to purchase services and supports as per the NDIS’s functions.

NDIS Nominees

The National Disability Insurance Scheme Act 2013 (the NDIS Act) and the National Disability Insurance (Nominees) Rules 2013 provides for the appointment of a nominee.

A nominee is a person who is appointed in writing, at the request of a participant, or on the initiative of the NDIA, to act on behalf of, or make decisions on behalf of a participant for the purposes of the NDIS Act.

If you make an application for the appointment of a guardian you may not have a Tribunal hearing for a period of 12 weeks.

Ultimately, the Tribunal must make the least restrictive order in the circumstances of the case.

The appointment of a guardian to make decisions for an adult about NDIS may be unnecessary if the adult can be supported to make decisions themselves or if there is someone that may be appointed by the NDIA as the adult’s nominee.

It is recommended that inquiries are made with NDIA before applications are made to the Tribunal. This link below provides information about the NDIA’s nominee process:

www.ndis.gov.au/about-us/operational-guidelines/nominees-operational-guideline

Access more information on QCAT’s decision-making for adults, or contact us.