{"title":"The National Disability Insurance Scheme review process: weaknesses and opportunities to enhance the CRPD","authors":"R. Thompson","doi":"10.1080/1323238x.2022.2139882","DOIUrl":null,"url":null,"abstract":"ABSTRACT\n The National Disability Insurance Scheme (‘NDIS’) commenced in 2013 and is designed to give effect to Australia’s obligations under the Convention on the Rights of Persons with Disabilities 2006 (‘CRPD’). Criticism of the NDIS has been widespread since the rollout, raising questions regarding compliance with the CRPD. This article specifically examines the shortcomings of the review process that persons with disabilities may encounter when they disagree with a decision made by the National Disability Insurance Agency, the body administering the NDIS, relating to their funding. It highlights inconsistencies with the CRPD article 13 ‘Access to justice’, article 12 ‘Equal recognition before the law’ and article 9 ‘Accessibility’. The reader will gain a deeper knowledge of the human rights weaknesses of the NDIS review process and how this impacts persons with disabilities. Opportunities to enhance compliance with the CPRD and start restoring confidence in the NDIS for persons with disabilities will be identified.","PeriodicalId":37430,"journal":{"name":"Australian Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2022-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Australian Journal of Human Rights","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/1323238x.2022.2139882","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"Arts and Humanities","Score":null,"Total":0}
引用次数: 0
Abstract
ABSTRACT
The National Disability Insurance Scheme (‘NDIS’) commenced in 2013 and is designed to give effect to Australia’s obligations under the Convention on the Rights of Persons with Disabilities 2006 (‘CRPD’). Criticism of the NDIS has been widespread since the rollout, raising questions regarding compliance with the CRPD. This article specifically examines the shortcomings of the review process that persons with disabilities may encounter when they disagree with a decision made by the National Disability Insurance Agency, the body administering the NDIS, relating to their funding. It highlights inconsistencies with the CRPD article 13 ‘Access to justice’, article 12 ‘Equal recognition before the law’ and article 9 ‘Accessibility’. The reader will gain a deeper knowledge of the human rights weaknesses of the NDIS review process and how this impacts persons with disabilities. Opportunities to enhance compliance with the CPRD and start restoring confidence in the NDIS for persons with disabilities will be identified.
期刊介绍：
The Australian Journal of Human Rights (AJHR) is Australia’s first peer reviewed journal devoted exclusively to human rights development in Australia, the Asia-Pacific region and internationally. The journal aims to raise awareness of human rights issues in Australia and the Asia-Pacific region by providing a forum for scholarship and discussion. The AJHR examines legal aspects of human rights, along with associated philosophical, historical, economic and political considerations, across a range of issues, including aboriginal ownership of land, racial discrimination and vilification, human rights in the criminal justice system, children’s rights, homelessness, immigration, asylum and detention, corporate accountability, disability standards and free speech.
京公网安备 11010802042870号
京ICP备2023020795号-1
分享
求助内容：
应助结果提醒方式：
扫码关注我们
