NDIS Principles
The objects and general principles set out in the NDIS Act guide actions under the Act
including reviews by the AAT.
Australia has obligations under the UN Convention on the Rights of Persons with Disabilities
(effective May 2008). The purpose of this is to promote, protect and ensure the full and
equal enjoyment of al human rights and fundamental freedoms by al persons with
disabilities, and to promote respect for their inherent dignity.
The Convention defines disability as including those who have long term physical, mental,
intellectual or sensory impairments which in interaction with various barriers may hinder
their full and effective participation in society on an equal basis with others. The objects of
the NDIS Act include:
• to give effect to Australia's obligations under the UN Convention and other
international agreements;
• to support the independence and social and economic participation of people with
disability;
• to provide reasonable and necessary supports for participants;
• to enable people with disability to exercise choice and control in pursuing their
goals, and planning and delivery of services and supports;
• to promote high quality, innovative supports that enable people with disability to
maximise independent lifestyles and ful inclusion in the mainstream community;
• to raise community awareness of issues affecting the social and economic
participation of people with disability, and facilitate their greater community
participation.
Introduction to the NDIS Principles
The fol owing is an overview of the objects and general principles of the NDIS Act which
guide actions under the Act including reviews by the AAT.
The UN Convention on the Rights of Persons with Disabilities
Australia has obligations under the UN Convention on the Rights of Persons with Disabilities
which came into effect in May 2008. The purpose of the Convention is
to promote, protect
and ensure the full and equal enjoyment of all human rights and fundamental freedoms by
all persons with disabilities, and to promote respect for their inherent dignity.
The Convention defines disability as including
those who have long-term physical, mental,
intellectual or sensory impairments which in interaction with various barriers may hinder
their full and effective participation in society on an equal basis with others.
The objects of the NDIS Act
The objects of the NDIS Act include:
• to give effect to Australia’s obligations under the UN Convention and other
international agreements;
• to support the independence and social and economic participation of people with
disability;
• to provide reasonable and necessary supports for participants;
• to enable people with disability to exercise choice and control in pursuing their
goals, and planning and delivery of services and supports;
• to promote high quality, innovative supports that enable people with disability to
maximise independent lifestyles and ful inclusion in the mainstream community;
• to raise community awareness of issues affecting the social and economic
participation of people with disability, and facilitate their greater community
participation.
(See the NDIS Act 2013 for a ful list of the Objects of the Act in Section 3)
The general principles
There are 17 general principles in the NDIS Act. They aim to ensure that:
• the NDIS Act works to support the independence, inclusion, and social and economic
participation, of people with disability, and recognises their right to choice and
control; and
• the NDIS scheme is sustainable, equitable and promotes innovation and quality.
The principles recognise that people with disability have the same right as other members of
Australian society to:
• realise their potential for physical, social, emotional and intellectual development;
• be respected for their worth and dignity and to live free from abuse, neglect and
exploitation;
• pursue any grievance; and
• determine their own best interests, to the full extent of their capacity.
People with disability should be supported to:
• participate in and contribute to social and economic life to the extent of their ability;
• exercise choice, including taking reasonable risks in pursuing their goals and the
planning and delivery of their supports;
• pursue their goals and maximise their independence;
• live independently and be included in the community as fully participating citizens;
and
• maximise their capacity to exercise choice and control in all their dealings and
communications with DisabilityCare Australia.
As well:
• people with disability should have certainty that they wil receive the care and
support they need over their lifetime;
• their privacy and dignity should be respected;
• the role of their families, carers and other significant persons in their lives is to be
acknowledged and respected;
• their positive personal and social development is to be promoted.
(See the NDIS Act 2013 for a full list of General Principles the Act in Section 4)
Principles for people who act on behalf of a person with a disability
People who act on behalf of a person with disability must act according to the principles in s
5, including:
• people with disability should be involved in decision making processes that affect
them, and where possible make decisions for themselves;
• they should be encouraged to engage in the life of the community;
• the judgements and decisions that they would have made for themselves should be
taken into account;
• their cultural and linguistic circumstances, and gender should be taken into account;
• their supportive relationships, friendships and connections with others of people
with disability should be recognised;
• if the person with disability is a child, his or her best interests are paramount.
(See the NDIS Act 2013 for a full list of Principles in Section 5)
Document Outline