ARC Adjudicating Rights for a Sustainable National Disability Insurance Scheme

About the Project

The Australian Government currently faces a significant dilemma about how to allocate limited resources in a way that ensures the rights and entitlements of all Australians. Scheme officials and personnel urgently require clarity and consistency to improve their decision-making. Citizens with a disability, particularly those without advocacy support, require assurances that their rights are safeguarded within the Scheme. By enhancing the visibility and transparency of decision-making processes and priorities, and promoting informed public discussion, this project will contribute to making the National Disability Insurance Scheme a fair and sustainable scheme, and an international exemplar.

This project will highlight the power and justice effects of the administration of the NDIS, including what principles and values serve as dominant justifications for reasonable and necessary support, areas of contestation with choice and control, and the discrepancies in how administrative justice is viewed. This study involves three phases over three years (2020-2023) and employs a multidisciplinary, translational design incorporating analysis of social, policy and legal frameworks, qualitative interviews, analysis of administrative data and qualitative case study methods to develop both a broad national understanding of dominant frames surrounding the administrative justice decisions and concepts of justice; and a more nuanced understanding of administrative justice as experienced by participants.

The findings will contribute to a better understanding of which participants the NDIS is failing and contribute to a critical debate about the values guiding funded support decisions and fairness outcomes.

This project is funded by a three year Australian Research Council Discovery Program Grant (DP2001100742).

Project Team

Prof Michele Foster (CI), The Hopkins Centre
A/Prof Kylie Burns (CI), Griffith Law School
A/Prof Susan Harris Rimmer (CI), Griffith Law School
Dr Eloise Hummell (RF), The Hopkins Centre
Ms Alyssa Venning (RA), The Hopkins Centre

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