Disability advocates and groups are urging the federal government to listen to criticisms of its legislation changing the National Disability Insurance Scheme, and make further amendments to its "NDIS back on track" bill.
Among the changes before the parliament are moves to define what constitutes NDIS support, expand the powers of the NDIS quality and safeguards commissioner, implement comprehensive needs assessments, and move away from admissions to the scheme solely based on diagnosis.
The Disability Advocacy Network Australia (DANA), First Peoples Disability Network Australia and People with Disability Australia, along with eight other peak bodies representing people with disability, have said they cannot support the legislation in its current form.
But they're also frustrated with the recommendations of the government-led Senate inquiry into the legislation describing them as "profoundly disappointing and disrespectful".
"People with disability feel a loss of trust in the Parliamentary process that promises to listen to us, as we contemplate significant reform to the services and supports provided through the scheme," they said in a statement.
The legislation is expected to come before the Senate this week, with the Greens and the opposition expected to vote to send it back to an inquiry by the Community Affairs Legislation Committee.
Both the coalition and the Greens have been heavily critical of the government's handling of the inquiry, saying there had not been sufficient time for consultation and that the disability community have expressed widespread concerns about the legislation.
Even though the committee has already filed its report, and recommended the bill be passed, an extension to the inquiry process would open up the possibility of further hearings, consultation and the ability to call new witnesses.
This could include state premiers and territory chief ministers, who made a submission calling for the federal government to pump the brakes on its legislation but weren't able to be called in time for the last hearings.
The federal government has separately dedicated $10.6 million over the next two years for 11 disability representative organisations to co-design changes to the NDIS.
Detour via Brazil
NDIS Minister Bill Shorten lashed out at the Greens and the Coalition on Monday night, accusing them of delaying the changes to the NDIS without the support of the disability community.
"Since December 2023 I have travelled around Australia to hear the views of people with disability, NDIS providers, disability support workers and their unions about the NDIS Review," his statement said.
In a media release, he described their intentions to vote to send the bill back to committee as an "unholy alliance" and said they were costing the scheme $1.1 billion, and leaving participants open to exploitation from dodgy providers.
"At the same time as the costly delay, Liberal and Greens members of the Senate Community Affairs Legislation Committee have also made plans to visit Brazil and the Americas on a two-week junket," the statement said.
Parliament staff have confirmed the study trip is being undertaken by the Community Affairs References Committee — and includes MPs from all sides of politics.
While both sub-groups sit under the Community Affairs Standing Committee, the references committee inquires into more general issues and is not the one running the NDIS legislation inquiry.
These groups share members, but are ultimately separate with just two members of the committee inquiring into the NDIS going on the study tour: a Labor government senator and a Liberal senator.
The study tour will examine issues around housing in the USA and Brazil, with the trip granted after a competitive process.
But Mr Shorten described the travel as a "holiday" where senators would be sipping cocktails on the beach.
"Liberal MPs and Senators have said on numerous occasions that NDIS funds should not be used for holidays, now we find out they're jetting off on their own junket that will cost the NDIS $275 million," Mr Shorten said in a statement.
"They are more interested in sipping caipirinhas on Copacabana than working to ensure the long-term sustainability of the NDIS."
The ABC asked Mr Shorten's office if these comments also applied to the government senator attending the trip, but did not receive a formal response.
Greens senator Jordon Steele-John has hit back at claims the party won't be able to adequately further scrutinise the bill because two members of the committee tasked with scrutinising the NDIS will be overseas.
"As the Greens member on the committee looking at the NDIS legislation, I'll be here over the parliamentary break. As will other government and opposition members of the committee," he said.
"Therefore the committee have quorum to proceed with additional hearings."
Disability groups feeling let down by committee report
Sophie Cusworth, acting CEO of Women with Disability Australia which is among the groups raising concerns with the bill, said she's deeply disappointed the Senate inquiry recommended the bill be passed.
"The report hasn't addressed some of our major concerns about the bill," she said.
"We really wanted to see a firm commitment to genuine engagement with our community in all stages of NDIS reform."
The government-led Senate inquiry made four recommendations, including calling for further clarification in the legislation about how expanded powers for the National Disability Insurance Agency CEO could be used.
Ms Cusworth said that's a good start but the recommendations could've gone much further following evidence from many groups regarding their concerns.
"People with disabilities are the experts in our own lives, and we need to be central to NDIS reforms.
"Our submission called for the bill to mandate the involvement of people with disabilities in a leadership capacity throughout the design and implementation phases of NDIS reforms and any associated legal and regulatory frameworks.
"And we really wanted to see a firm commitment to genuine engagement with our community in all stages of NDIS reform."
The director of Policy and Advocacy at DANA, El Gibbs, said while amendments already made by the federal government in the lower house are welcome, there's still much more to be done.
"I was really disappointed to see the committee report last week, recommending that the bill mostly be passed in its current form," she said.
"We're really worried about the impact on people with disability, but also we're the representative organisation for disability advocacy organisations and our member organisations have raised huge concerns about how this bill will be implemented, and the impact, particularly on marginalised people with disability."
Ms Gibbs said it's essential to ensure that a needs assessment being introduced in the legislation is fair.
"The bill currently isn't going to take into account every aspect of a person's disability and how that impacts their support needs.
"A lot of the things that the bill wants to do is put some things in the legislation, but other things to be worked out later in what are called 'the rules'.
"We want to make sure ... that people with disability and families and supporters and organisations, [are] formally consulted and [are] ... a part of the co-design process in how those rules will work."