Next Article in Journal
Comparison of Quebec’s Project Delivery Methods: Relational Contract Law and Differences in Contractual Language
Next Article in Special Issue
Shifting the Balance of Power: The Strategic Use of the CRPD by Disabled People’s Organizations in Securing ‘a Seat at the Table’
Previous Article in Journal
Beyond the Paris Agreement: Intellectual Property, Innovation Policy, and Climate Justice
Previous Article in Special Issue
Legal Capacity and Supported Decision-Making: Lessons from Some Recent Legal Reforms
Article Menu

Export Article

Open AccessArticle

Supporting Choice and Control—An Analysis of the Approach Taken to Legal Capacity in Australia’s National Disability Insurance Scheme

Centre for Disability Law and Policy, National University of Ireland, Galway H91 CF50, Ireland
Received: 4 January 2019 / Revised: 10 March 2019 / Accepted: 12 March 2019 / Published: 27 March 2019
(This article belongs to the Collection Disability Human Rights Law)
  |  
PDF [257 KB, uploaded 27 March 2019]

Abstract

In mid-2013, the Australian federal government introduced the National Disability Insurance Scheme (NDIS), a ground-breaking reform of disability support services, encapsulated by the mantra of increasing “choice and control”. The scheme provides eligible persons with disabilities a legislated entitlement to supports they may require to increase their independence and social and economic participation. The NDIS has been hailed as a major step forward in Australia’s efforts to realize the human rights of persons with disabilities, in accordance with the UN Convention on the Rights of Persons with Disabilities (CRPD). A core aspect of the CRPD is guaranteeing persons with disabilities their civil and political right to equality before the law, including their right to enjoy legal capacity on an equal basis with others, as provided by Article 12 of the CRPD. The purpose of this paper is to examine how the concept of choice and control has been operationalized within the NDIS and to critically analyze the extent to which it accords with the requirements of Article 12. It will be argued that even though the NDIS expressly seeks to implement the CRPD as one of its key objectives, it ultimately falls short in fully embracing the obligations of Article 12 and the notions of autonomy and personhood underlying it. View Full-Text
Keywords: disability; NDIS; choice and control; autonomy; Convention on the Rights of Persons with Disabilities; legal capacity; Article 12; supported decision-making; supports; General Comment No. 1 disability; NDIS; choice and control; autonomy; Convention on the Rights of Persons with Disabilities; legal capacity; Article 12; supported decision-making; supports; General Comment No. 1
This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited (CC BY 4.0).
SciFeed
Printed Edition Available!
A printed edition of this Special Issue is available here.

Share & Cite This Article

MDPI and ACS Style

Cukalevski, E. Supporting Choice and Control—An Analysis of the Approach Taken to Legal Capacity in Australia’s National Disability Insurance Scheme. Laws 2019, 8, 8.

Show more citation formats Show less citations formats

Note that from the first issue of 2016, MDPI journals use article numbers instead of page numbers. See further details here.

Related Articles

Article Metrics

Article Access Statistics

1

Comments

[Return to top]
Laws EISSN 2075-471X Published by MDPI AG, Basel, Switzerland RSS E-Mail Table of Contents Alert
Back to Top