Greens and disability groups criticise federal government gag on NDIS talks
Disability organisations and advocacy groups are disturbed by a federal government gag on upcoming NDIS announcements, with the Greens warning “behind closed doors” negotiations were “serving politicians” and not the community.
The Albanese government has pledged to work meaningfully with disability representative and carer organisations as it readies its plans to respond to the landmark NDIS review released in December.
Guardian Australia understands a major announcement relating to the scheme’s future will be made on Wednesday but groups consulted on the proposal have been sworn to secrecy.
A group of more than two dozen disability representatives have signed the confidentiality agreements in exchange for a seat at the table as the government takes its first steps responding to the NDIS review.
One representative, who spoke to Guardian Australia under the condition of anonymity, said the process had been “extremely frustrating” and not in the spirit of co-design as the Labor government had repeatedly promised.
The NDIS minister, Bill Shorten, has said people with disabilities on the scheme needed to be at the centre of any changes that directly affect them, promising co-design with the community was a focus.
Guardian Australia has contacted Shorten’s office for a response.
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An advocate in the disability sector, who was not party to this briefing, said the practice acted to constrain them in their work while also controlling who was in the room, and was becoming increasingly common across all levels of government.
“The democratic process works when stakeholders have access to the process and are able to provide feedback freely and without fear of consequence,” the advocate said.
“If you have the confidence of your convictions to propose changes to legislation, presumably to make it better, have the courage to share that with critical friends who might have thought of things that you haven’t and then you can avoid unintended consequences and legal challenges down the track.”
A paper produced by the Parliamentary Library for the Greens said the agreements were routine and ministerial guidance said draft bills were provided on a “confidential basis”.
But multiple sources subject to the non-disclosure agreements in order to participate in consultations told Guardian Australia the arrangement was more stringent than usual and made it difficult to consult with communities on the proposed changes.
They said they had not been given copies of the legislation.
The Greens have previously raised significant concerns with the use of NDAs in policy development negotiations, arguing they risk entrenching secrecy and lack of transparency around policymaking processes, and allow powerful corporations and lobbyists access to negotiating text before it gets to parliament.
The Greens’ spokesperson for disability rights, Jordon Steele-John, said it was concerning that major changes to the NDIS were being done “behind closed doors”.
“Making advocates sign non-disclosure agreements is only serving politicians and is no way genuine codesign,” he said.
“If these changes actually improved the lives of disabled people, politicians wouldn’t be so secretive about them.
“The secrecy is causing deep concern in the community. No disabled child or adult should be pushed by abled-bodied politicians off the NDIS into the giant hole that is non-NDIS disability supports in this country.”
The NDIS review offered 26 recommendations, paired with 139 detailed actions, to fix the scheme, which has been the subject of political scrutiny over its ballooning cost.
The federal government has struck a deal with the states and territories to lift funding for disability services outside the NDIS scheme – known as foundational supports – in an effort to curb the number of new entrants to scheme.
The scheme supports more than 600,000 Australians with disabilities but is projected to grow considerably in the coming decades.
Its budget is expected to exceed $50bn in this year’s federal budget in May with projections showing it could push past $90bn a year within a decade.