National Disability Insurance Scheme Act 2013 (Australia) (2018 Edition) The Law Library presents the complete text of the National Disability Insurance Scheme Act 2013 (Australia) (2018 Edition). Updated as of May 15, 2018 This book contains: - The complete text of the National Disability Insurance Scheme Act 2013 (Australia) (2018 Edition) - A table of contents with the page number of each section

The National Disability Insurance Scheme (known commonly as the NDIS) was introduced as a radical new way of funding disability services in Australia. It is a rare moment in politics and policy making that an idea as revolutionary, ambitious and expensive as the NDIS makes it into its implementation phase. Not surprising, then, that the NDIS has been described by many as the biggest social shift in Australia since Medicare. This book will be a key text for scholars and public policy professionals wishing to understand the NDIS, how it was designed, and lessons learned through its introduction and roll-out. The book addresses how the NDIS has intersected with particular cohorts and sectors, and some of the challenges that have arisen. It highlights the experiences of people with disability through a collection of personal stories from participants and families in the NDIS. The key insights from this large scale public policy experiment are relevant for anyone interested in social change in Australia, or internationally.

This book provides an international comparative study of the implementation of disability rights law and policy focused on the emerging principles of self-determination and personalisation. It explores how these principles have been enshrined in the United Nations Convention on the Rights of Persons with Disabilities and how different jurisdictions have implemented them to enable meaningful engagement and participation by persons with disabilities in society. The philosophy of 'active citizenship' underpinning the Convention - that all citizens should (be able to) actively participate in the community - provides the core focal point of this book, which grounds its analysis in exploring how this goal has been imagined and implemented across a range of countries. The case studies examine how different jurisdictions have reformed disability law and policy and reconfigured how support is administered and funded to ensure maximum choice and independence is accorded to people with disabilities.

The National Disability Insurance Scheme (NDIS) is one of the major policy innovations of the early 21st century in Australia, representing a new way of delivering services to people with a disability and those who care for them. It has the potential to transform the lives of hundreds of thousands of people, giving them greater certainty and control over their lives. There is a higher incidence of disability in the Aboriginal and Torres Strait Islander population than in the Australian population more generally, so the NDIS is of particular relevance to Indigenous Australians. However, Indigenous Australians with a disability have a very distinct age, geographic and health profile, which differs from that of the equivalent non-Indigenous population. Furthermore, the conceptualisation of disability and care in many Indigenous communities, particularly in remote areas, may differ markedly in comparison to more settled parts of the country, and there is the added complexity of a unique history of interaction with government. In considering these issues in detail, this Research Monograph provides a resource for policy makers, researchers and service providers who are working in this important policy area. Its major conclusion is that the NDIS, if it is to be an effective policy for Indigenous Australians, needs to take into account their very particular needs and aspirations.

What ails the NDIS? Caring or careless? In this powerful and moving essay, Micheline Lee tells the story of the National Disability Insurance Scheme, a transformative social change that ran into problems. For some users it has been "the only lifeboat in the ocean," but for others it has meant still more exclusion. Lee explains what happened, showing that the NDIS, for all its good intentions, has not understood people with disabilities well enough. While government thought the market could do its job, a caring society cannot be outsourced. Lee draws deeply on her own experience, on diverse case studies, as well as insights from moral philosophy and the law. She begins by considering what it is to be disabled. And since to be disabled is part of the human condition, she also considers what it is to be human. This is an essay about common humanity and effective, lasting social change. "Unless you change how people think about things, you're not really going to change their actions or responses.""How people understand disability transforms how they respond to it. When they saw us as cursed or contaminated, they banished us, euthanised us or left us on the streets to perish. When they saw us as requiring protection, they institutionalised us. When they saw us as defective and in need of a cure, we were hospitalised and medicalised. When they saw us as tragic, they treated us as objects of charity. Now the NDIS has given us a new identity: consumer." Micheline Lee, Lifeboat  This issue contains correspondence relating to Voice of Reason by Megan Davis from Sana Nakata & Daniel Bray, Mark McKenna, Antoniette Braybrook, Daniel James, Damien Freeman, Rachel Buchanan, Henry Reynolds, and Megan Davis.

This book critically examines contemporary educational practices with a children’s rights lens. Through investigating the factors that contribute to (or hinder) the realisation of children’s rights in and through education in different contexts, it discusses how using a rights framework for education furthers the agenda for achieving international educational aims and goals. Using diverse international examples, the book provides a snapshot of the complexity of children’s rights and education. It draws on the expertise of international research teams from Australia, England, Finland, Italy, Mexico, Poland, Portugal, Scotland, Spain, Sweden, Switzerland, and the United States, and highlights wide-ranging interpretations of the same mandate across different national contexts. Beginning with a critical overview of the broader context of children’s rights in education, the book explores obligations for States and their representatives, tensions and convergences in implementation, and implications for teaching and learning. Using underutilised educational and theoretical concepts, it contributes to broadening understandings of children’s rights, education and associated theoretical frameworks. Despite a human rights framework emphasising the indivisibility, interrelatedness and interconnectedness of all rights, the ‘right to education’ (Article 28) dominates discussions about children’s rights and education. As such, equally important rights including the ‘aims of education’ (Article 29) are often less considered or absent from the conversation. Recognising that children’s education rights involve more than just access and provision, this book advocates for a much broader understanding of the nuances underpinning children’s education related rights. Chapter 10 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Personhood, in liberal philosophical and legal traditions, has long been grounded in the idea of autonomy and the right to legal capacity. However, in this book, Julia Duffy questions these assumptions and shows how such beliefs exclude and undermine the rights of adults with cognitive disability. Instead, she reinterprets the right to legal capacity through the principle of the interdependence and indivisibility of human rights. In doing so, she compellingly argues that dignity and not autonomy ought to be the basis of personhood. Using illustrative case studies, Duffy demonstrates that the key human rights values of autonomy, dignity and equality can only be achieved by fulfilling a range of interdependent human rights. With this innovative book challenging common assumptions about human rights and personhood, Duffy leads the way in ensuring civil, economic, political, social, and cultural inclusion for adults with cognitive disabilities.

Understanding how to resolve conflicts between private parties is essential for Australian lawyers. Civil Dispute Resolution: Balancing Themes and Theory presents a comprehensive framework within which both civil procedure and alternative dispute resolution are addressed. This framework, based on balancing competing objectives of dispute resolution, simplifies and explains the many aspects of resolving disagreements between private parties. The book guides readers through every aspect of civil dispute resolution including the interaction between negotiation, mediation, arbitration and litigation as means to resolve civil disputes and the many stages of litigation, from the commencement of proceedings through to judgment and enforcement. The balancing themes are applied to demystify the resolution of civil disputes, including the role of specialist courts and tribunals, alternatives to court, pleadings, gathering documentary and witness evidence, legal costs, and trial preparation and attendance.