The National Network of Incarcerated and Formerly Incarcerated Women and Girls (The National Network) has written an urgent letter to Minister Bill Shorten, the Minister for the National Disability Insurance Scheme (NDIS), urging him to reject the Liberal National Party Amendment, proposed by Senator Hollie Hughes. This amendment to the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024 is currently before Parliament.
The amendment, if passed, would prevent people convicted of crimes punishable by imprisonment for two years or more, or crimes involving fraud or dishonesty, from managing their own NDIS plans or the plans of their children and family members. The National Network has expressed profound concern, disappointment and opposition to this amendment, arguing that it unfairly discriminates against criminalised people, particularly Aboriginal women who are mass incarcerated in this country.
‘As we have outlined in the letter, Aboriginal women are already disproportionately represented in the criminal legal system as a direct consequence of the racial and gendered violence entrenched in Australia’s colonial history,’ said Debbie Kilroy. ‘Given the Australian Centre for Disability Law estimated that 95 per cent of First Nations people appearing in court charged with a criminal offence have an intellectual disability, cognitive impairment or mental illness, we believe that this amendment is a deliberate and targeted strategy to further impact Aboriginal women and their families who live at the intersection of disability, gender, and racial discrimination putting them at heightened risk of harm,’ said Debbie Kilroy.
‘Stripping criminalised people of their agency within the NDIS and forcing them to relinquish control over their own affairs and those of their families, is a severe regression to the oppressive control reminiscent of the mission manager era, where Aboriginal women were denied autonomy over their lives. This has got to stop,’ said Debbie Kilroy. ‘The amendment is incongruous with the current push towards self-management and self direction of disabilities, and basically says to criminalised people and their families, “we don’t trust you,”’ said Debbie Kilroy.
The National Network emphasises that family members often serve as critical safeguards and supporters for disabled people, ensuring their needs are met in a culturally safe and respectful manner. ‘The amendment will preclude criminalised Aboriginal women from supporting their children and families in the best way they know how; and just like we have seen too often, a situation like this has the potential to open the door for the family policing system to intervene in Aboriginal families lives causing more marginalisation and harm,’ said Debbie Kilroy.
The National Network also highlights the broader implications of this amendment on access to NDIS providers. ‘The government’s acknowledgment of “thin markets” within the NDIS is not an issue that criminalised people are responsible for addressing,’ said MJ Whelan. ‘In the last financial year, there were 16,000 registered providers compared to 154,000 unregistered providers, and people with criminal convictions are being told with this amendment that 9 out of 10 providers will be inaccessible to them. This is outrageous,’ said MJ Whelan. ‘This will become an even bigger issue for rural and remote communities, where choice and control are already severely limited. Restricting access to a broad range of providers will have devastating and potentially deadly consequences for Aboriginal people in these communities,’ said MJ Whelan.
‘The lack of provisions for appeals or exemptions within this amendment signals that Australia does not believe in second chances for criminalised people and underscores a punitive approach that offers no pathway to freedom,’ said Tabitha Lean. ‘We are more than our conviction – we are mothers, lawyers, tertiary-educated professionals, CEOs, artists, workers, and productive members of society who deserve the same access to healthcare as the rest of the community – and we deserve to be able to choose our healthcare providers and to be able to manage our own health affairs,’ said Tabitha Lean.
‘The NDIA’s refusal to let people manage their own disability affairs is not only arbitrary but also perpetuates the over policing, surveillance, racial targeting, and mass imprisonment of Aboriginal women,’ said Tabitha Lean.
‘This amendment would profoundly affect the members of the National Network who recently met with members of Parliament at a roundtable in Canberra,’ said Debbie Kilroy. ‘The National Network is committed to working with the Minister to ensure that the NDIS remains a tool for empowerment, not further marginalisation for criminalised people. We urge the Parliament to reject this harmful amendment and instead support policies that genuinely uphold the autonomy, dignity, and well-being of all Australians, including those who have been criminalised,’ said Debbie Kilroy.
For further comment, please contact Debbie Kilroy on 0419 762 474 or Tabitha Lean on 0499 780 226
