Maurice blackburn john_cain_ndis_and_niis_presentation_to_ala_18_may_2012


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Maurice blackburn john_cain_ndis_and_niis_presentation_to_ala_18_may_2012

  1. 1. N a t io n a l D is a b ilit yIn s u r a n c e S c h e m e ( N D IS ) &N a t io n a l In ju r y In s u r a n c eS c h e m e ( N IIS )Presented by John Cain18 May 2012
  2. 2. National Disability Insurance Scheme and National Injury Insurance Scheme Explained The Productivity Commission commenced its work on 17 February 2010. Its report was published on 31 July 2011. “The current disability support system is under funded, unfair, fragmented and insufficient. It gives people with a disability little choice, no certainty of access to appropriate support and little scope to participate in the community. People with disabilities, their carers, service providers, workers in the industry and government all want change.” The Productivity Commission Executive Summary page 3 .Page N D IS a n d N IIS 2
  3. 3. What the Productivity Commission proposedTwo separate insurance schemes: - T h e N a t io n a l D is a b ilit y In s u r a n c e S c he me All Australians with a significant and ongoing disability would get long term care and support; and - T h e N a t io n a l In ju r y In s u r a n c e S c he me NIIS would cover the lifetime care and support needs of people who acquire a catastrophic injury from an accident.Page N D IS a n d N IIS 3
  4. 4. National Disability Insurance SchemeW h o w o u ld b e c o v e r e d ? All Australians would be eligible for coverage. Support packages would be targeted at all people with significant and permanent disability whose assistance needs could not be met without tax payer funding.W h a t w o u ld it c o v e r ? The NDIS would provide reasonable and necessary support across the full range of long term disability support currently provided by specialist providers.H o w w o u ld it b e f u n d e d ? The Australian Government would fund the NDIS from consolidated revenue - $6.5 billion.NDIS Advisory Group advising on implementationPage N D IS a n d N IIS 4
  5. 5. Implementation NDISC O A G J o i n t C o m m u n i q u e 13 A p r i l 2 0 12•Commonwealth and States reaffirmed their commitment to NDIS•Transition to NDIS will take a number of years•Early work to concentrate on achieving clarify and considering in eligibilitycriteria, portability of benefit entitlement and funding of NDISP r i m e M i n i s t e r – 3 0 A p r i l 2 0 12•NDIS roll out will commence July 2013•10,000 with significant disability will start to receive support and this will rise to20,000 by mid 2014•New National Disability Launch Transition Agency will be established to ensureits delivery of care and support. CEO position advertised 4 May.•Initial pilot location will be determined in consultation with the State (up to 4).Page N D IS a n d N IIS 5
  6. 6. What do the Opposition and States sayT o n y A b b o t t – 3 0 A p r i l 2 0 12 “I offer the Government bipartisan support for a responsible and timely NDIS.”J o e H o c k e y – 3 0 A p r i l 2 0 12 “The NDIS is a very worthy scheme but it sounds to me like the dying days of a Government where they make big heroic announcements about massive programs and they won’t tell you how they pay for it.”T e d B a i l l i e u – 10 M a y 2 0 12 “While he remains committed to doing his bit for the NDIS he was disappointed the Commonwealth had broken a commitment to discuss with the States how the funding mode would work.”Page N D IS a n d N IIS 6
  7. 7. Budget 8 May 2012• $1 billion to support first phase at NDIS $342.5 million over three years from July 2013 for individually funded packages• NDIS start mid 2013 for around 10,000 with significant and permanent disability in select locations.• Initial locations will be worked out with States and Territories• Eligibility criteria to be determined over the coming yearPage N D IS a n d N IIS 7
  8. 8. National Injury Insurance SchemeW h o w o u ld b e c o v e r e d ? All causes of catastrophic injury including motor vehicle accidents, medical accidents, criminal injury and general accidents occurring within the community or at home. This is a no fault scheme and would only apply to new catastrophic cases.W h a t w o u ld it p r o v id e ? The NIIS would provide lifetime care and support services broadly equivalent to those offered by the Victorian TAC and the New South Wales Lifetime Care and Support Scheme. This includes attendant care, medical and hospital treatment and rehabilitation services, home and vehicle modifications, aids and appliances, educational support and vocational and social rehabilitation and domestic assistance.H o w w o u ld it b e f u n d e d ? The funding required for NIIS would come from existing insurance arrangements. A Federation of State and Territory based schemes is proposed.NIIS Advisory Group advising on implementationPage N D IS a n d N IIS 8
  9. 9. CEREBRAL PALSY CASES – Anomaly Although generally medical indemnity injuries would be dealt with by the NIIS the Productivity Commission recommended that cerebral palsy cases by carved out of the NIIS and covered under the NDIS. This is a troubling feature of the NDIS proposal. Medical indemnity insurers and AMA worked very hard to achieve this outcome and continue to push for implementation.Page N D IS a n d N IIS 9
  10. 10. Other Considerations• Care and support will vary depending on coverage by in NDIS or NIIS• Disputes will arise and no clear guidance as to how they should be resolved. Productivity Commission favour medical experts not courts• The two authorities National Disability Transition Authority and NIIS federation will create duplication and overlapPage N D IS a n d N IIS 10
  11. 11. Our Position• Strongly support improved care, support and funding for those with disabilities;• The introduction of NDIS or NIIS should not remove or diminish existing common law rights;• Existing schemes for motor vehicle and work place accidents should not be dismantled but through agreement with respective States provision made for life time care and support for catastrophically injured people without reduction of existing rights, benefits and entitlements;• People injured in other circumstances ie as a result of medical accidents, assaults, public liability claims should access the NDIS immediately after the accident but retain their common law right to pursue the negligent party with appropriate refunds/preclusions operating.Page N D IS a n d N IIS 11
  12. 12. What is happening State by StateS o u t h A u s t r a lia• Green paper option for MVA claims• Invitation to comment closed 27 AprilV ic t o r ia• WorkCover surplus transferred to General Revenue• rewrite of Accident Compensation Act• Essential Services Commissioner review of TAC and WorkCover reporting to Treasury• 3% reduction in WorkCover premiumN e w S o u t h W a le s• WorkCover $4 billion in red• Premier foreshadowed changes• Issue Paper released 23 April 2012Q u e e n s la n d• New Government• Will be pressured to introduce life time care and support for MVA victims• Outcome uncertainW e s t e r n A u s t r a lia• Unclear how they will respondPage N D IS a n d N IIS 12
  13. 13. QuestionsPage N D IS a n d N IIS 13