Introduction
The National Disability Insurance Scheme (NDIS) is designed to support Australians living with a permanent and significant disability. While the primary focus of the NDIS is on participants, the roles of families and carers are crucial and often under-acknowledged. Understanding the legal rights of families and carers under the NDIS is essential to ensure they are supported, included, and empowered in the decision-making process. This blog explores these rights, highlights key legal protections, and provides guidance on advocacy and navigating the system.
Understanding the Role of Carers in the NDIS
Families and carers often provide unpaid and ongoing support to people with disabilities. Under the NDIS, their contributions are recognised, and the scheme encourages the inclusion of carers in planning and implementation. However, knowing your legal rights as a carer or family member is key to ensuring meaningful involvement.
1. Right to Be Involved in Planning
While the NDIS is participant-focused, families and carers have the right to be involved in planning discussions, especially when the participant agrees or cannot fully express their needs.
Legal Reference: Under the NDIS Act 2013, Section 31 highlights the importance of participants being supported in making decisions, and this often includes the involvement of carers and family members.
NDIS Planning Rights for Carers:
- Attending planning meetings
- Providing supporting documentation
- Contributing to goal-setting (with participant consent)
- Being consulted about care arrangements
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2. Right to Be Recognised as a Carer
Carers have a legal right to be recognised under the Carer Recognition Act 2010, which complements the NDIS. This Act ensures that government agencies and funded providers acknowledge the role of carers in service delivery and decision-making.
What This Means for You:
- Carers must be treated with respect and dignity
- Services must consider the impact of care responsibilities
- Carers’ health and wellbeing must be taken into account
3. Access to Support Through Carer Statements
Carers are entitled to submit a Carer Statement during the participant’s NDIS planning or review meetings. This allows carers to formally outline the level of care they provide and its impact on their own lives.
Benefits of a Carer Statement:
- Helps the NDIA understand your role
- Informs reasonable and necessary supports
- Can lead to funding for respite and carer support
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4. Right to Access Advocacy and Complaint Mechanisms
Carers and families have the right to seek advocacy services and lodge complaints if they feel their concerns are not being addressed or if their legal rights are breached.
Options for Advocacy and Complaints:
- NDIS Quality and Safeguards Commission: For complaints about NDIS providers
- Administrative Appeals Tribunal (AAT): For formal appeals of NDIA decisions
- Disability Advocacy Services: To support you in navigating complex issues
Important: If you’re advocating on behalf of an NDIS participant, you must have the proper authority or consent to act or speak on their behalf.
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5. Right to Privacy and Confidentiality
While carers are often deeply involved in the care of participants, it’s important to understand the limits of information sharing. The NDIS must comply with privacy laws, meaning information cannot be disclosed to family or carers without the participant’s consent unless there is a legal exemption.
What You Can Do:
- Request that the participant gives consent for information sharing
- Use supported decision-making tools to stay involved
- If you’re a guardian or nominee, request access under those provisions
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6. Support for Carers Through Funded Supports
Although carers themselves are not NDIS participants, the NDIS can fund supports that benefit carers indirectly, such as:
- Respite care
- Training to help carers develop new skills
- Home modifications or assistive technology that reduces carer burden
These supports must be linked to the participant’s goals and deemed “reasonable and necessary.”
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Final Thoughts: Empowering Carers in the NDIS Framework
Carers and families play an indispensable role in the lives of people with disabilities. While the NDIS is participant-centric, it is also designed to operate in partnership with carers and family members. Knowing your legal rights under the NDIS is a powerful step toward better outcomes for both you and your loved one.
If you are unsure about your rights or need support, consider speaking with:
- A local disability advocate
- A carer support service
- A legal centre that specialises in disability rights
Stay informed. Stay involved. And never hesitate to advocate.
Need Help Understanding Your Rights as a Carer?
Contact your local Carers Australia office or NDIS Local Area Coordinator for tailored advice and support.