Background
Disability affects 17.7% of Australians, or 4.4 million people (
AIHW, 2022), although there is limited research about disability in people of refugee-background and people seeking asylum in Australia (see
Refugee Research Clearing House).
In May 2012, Chris Bowen (then Minister for Immigration and Citizenship) announced
streamlining the health waiver provisions for offshore Humanitarian entrants in response to the Joint Standing Committee on Migration report,
Enabling Australia: Inquiry into the Migration Treatment of Disability. These changes effectively allowed humanitarian entrants with disability to settle in Australia. In clinical practice we have seen more children with disability subsequently, although
health waiver data (2011-2016) do not suggest significant numbers of entrants with waivers in place.
Clinical assessment and service access can be complex for recently arrived children with disability, especially for older children and adolescents. The
RCH refugee fellows are available for advice if needed. This webpage is intended to provide useful links for healthcare providers working with people with disability, particularly those who arrived in Australia as refugees or seeking asylum. More detailed websites on
developmental assessment and
education assessment are available.
National Disability Insurance Scheme (NDIS)
The
National Disability Insurance Scheme (NDIS) is administered by the National Disability Insurance Agency (NDIA; an independent statutory agency). The NDIS provides support to people with disability and their families and carers who hold permanent residency or citizenship. Support is goal-oriented, with a focus on community participation and accessing mainstream supports. Culturally and linguistically diverse (CALD) community participation/access to NDIS was low in the trial period (see
NDIS Council of Australian Governments (COAG) reports). See:
Interpreter support is available through TIS for NDIS planning and service delivery (fact sheet for providers,
fact sheet for participants).
Disability - eligibility criteria
Supports for people <65 years to increase access to employment and community participation
-
<65 years; Australian citizen, permanent resident, or protected Special Category Visa holder (arrival before 26 February 2001).
- See
access operational guideline,
residency requirements,
evidence of disability and
contact locations for NDIS (by State)
- Early (mid 2016) NDIS operational guidelines provided lists of named conditions likely to meet requirements
- Appendix A = conditions which are likely to meet the disability requirements in s.24 of NDIS Act - now list A
- Appendix B = conditions for which permanent impairment/functional capacity are variable and require further assessment - now list B
- Appendix C = people who are eligible for certain State, Territory or Commonwealth programs (clients will fulfil requirements without further evidence being required) - now list C and list E (NSW)
- Fact sheets for participants
Aside from (adult) protected SCV holders, non-resident children and adults with disability, including asylum seekers and people (refugees) on temporary protection visas (TPV) cannot access NDIS. Alternative pathways are available in Victoria as follows:
- Age 0-6 years (non-resident) - early childhood intervention is available through the Department of Education and Training (DET) Early Childhood Intervention Services - Continuity of Support (ECIS-CoS) Program. The process for non-resident children is to i) apply for NDIS through their local ECP, ii) confirm they not eligible for NDIS (through application to NDIS and then formal rejection), and iii) progress the ECIS-CoS application with ECP assistance. In practice we have found advice from ECP has sometimes been variable, and it is helpful to explain the 3-step process to families ahead of time. Inquiries - eciscos@education.vic.gov.au
- Age 5-65y (non-resident) - there is a small program to support people who are ineligible for NDIS under the Disability Act, 2006. This program is called VIN-CoS (Victorians Ineligible for NDIS, Continuity of Support) and is run through Statewide Disability Services, Department of Families, Fairness and Housing (DFFH). VIN-CoS is only available if there are no other options for support. For school-aged children, the program will assess what services are in place (i.e. through school) and if there are service gaps. VIN-CoS has access and eligibility criteria (against the Disability Act, 2006) and all alternative funding/supports need to be explored/exhausted prior to submitting a request. See Registration and Request form, and Consent form - email VINCOS.enquiries@dffh.vic.gov.au (as of Feb 2023).
Early childhood approach (formerly Early Childhood Early Intervention) - eligibility criteria
Supports for children 0-6 years to reduce or prevent future disability
Non-resident children, including asylum seeker children <7 years are not eligible for early intervention through NDIS, but can access the DET ECIS-CoS program (announced Victorian budget, 2017-18, ECIS-CoS application - see process above.
NDIS - hospital admitted patients
In July 2022, the Disability reform ministers committed to a range of measures to improve hospital discharge for people in/eligible for NDIS (see media release and resources). These include:
- Contacting every participant (or their authorised representative or nominee) within 4 days of being notified of their admission to hospital.
- Approving their NDIS plan within 30 days, recognising that participants may need an interim plan with higher supports for the first 12-18 weeks.
- Where a person is not yet an NDIS participant, and their functional capacity or the permanency of their disability are unknown, NDIS will assess their eligibility as a priority, usually within 7-10 days.
In order to progress this, hospital staff need to refer people to NDIA as soon as possible, by emailing: health.liaison.officer@ndis.gov.au (and also email Disability.liaision@rch.org.au internally at RCH) and provide a functional assessment within 15 calendar days to enable NDIS to have an approved plan within 30 days.
NDIA hospital journey map and NDIA hospital discharge pathway.
Independent assessments
Independent assessments for NDIS have not progressed - (see
Discussion paper November 2020). There was (Dec 2020)
public consultation over Nov 2020 - Feb 2021, and review by the
Joint Standing Committee on the NDIS - through a Senate Inquiry, also see timeline.
Other NDIS resources
Current service pathways
Case management
Equipment
Early childhood
- Early childhood approach - BSL application form (North-East Melbourne, Hume-Moreland, Western Melbourne, Brimbank Melton, Bayside Peninsula)
- ECIS-CoS application form for asylum seeker or non-resident children - see process above. DET contact details eciscos@education.vic.gov.au, also NDIS Reform Branch - Inclusive Education Division, DET, Level. 27, 80 Collins Street, Melbourne, Vic 3000, GPO Box 4367, Melbourne VIC 3001
- Find a kinder (DET)
- Additional childcare subsidy - 13 weeks support - assistance to families that are in circumstances that require practical help to support their child's safety and wellbeing.
- Early start kindergarten - free for refugee and asylum seeker children
- Preschool Field Officer (PSFO) Program
- Inclusion Support Program
- Kindergarten inclusion for children with disabilities
School-aged
Autism
Better Start
Down syndrome
Hearing impairment
Vision impairment
Family/carer support
Bilingual health professional directories
Other resources
Immigrant health resources. Author: Georgie Paxton, Karen Kiang, Sophie Oldfield, updated Apr 2023. Contact: georgia.paxton@rch.org.au