Operational Guideline – Planning and
Assessment – Supports in the Plan –
Supports for Employment, Vocational Training
and Higher Education
Legislation
1.
Read ss.4, and 34 of the National Disability Insurance Scheme Act 2013 (NDIS Act) and the
National Disability Insurance Scheme (Supports for Participants) Rules 2013 (Supports for
Participants Rules).
General principles
2.
People with disability have the same rights as other members of Australian society to realise
their potential for physical, social, emotional and intellectual development.
3.
People with disability should be supported to participate in and contribute to social and
economic life to the extent of their ability.
4.
Reasonable and necessary supports for people with disability should:
a.
Support people with disability to pursue their goals and maximise their independence, and
b.
Support people with disability to live independently and to be included in the community
as fully participating citizens, and
c.
Develop and support the capacity of people with disability to undertake activities that
enable them to participate in the mainstream community and in employment.
See ss. 4(1), 4(2) and 4(11) of the NDIS Act
Description of supports
5.
Supports for employment, vocational training and higher education are designed to assist the
participant to develop new skills and qualifications and to find and retain employment. This may
involve formal study with a TAFE or registered training organisation, open employment,
volunteer work, work experience, or employment in an Australian Disability Enterprise (ADE).
6.
The National Disability Insurance Agency (NDIA) encourages participants to participate in the
Australian labour force, to the maximum extent that they are able, and in accordance with their
goals and objectives, interests, skills and preferences.
Operational Guideline – Planning and Assessment – Supports in the Plan – Supports for
Employment, Vocational Training and Higher Education (v 1.0)
Publication date: 16 January 2014
Page 1 of 8
Reasonable and necessary supports
7.
Before specifying any general support, or reasonable and necessary support, in a participant’s
plan the delegate must be satisfied of all the criteria set out in s.34(1) of the NDIS Act. When
applying the test in s.34(1) to each support before it is included in a participant’s plan a
delegate has to:
a.
Apply each of the criteria in s.34(1)(a) to (f) and the Supports for Participants Rules that
must be applied when making planning decisions, and
See Operational Guideline – Planning and Assessment – Supports in the Plan
b.
Apply the Supports for Participants Rules and not fund or provide a support that the Rules
state will not be funded or provided, and
See rs.5.1, 5.2 and 5.3 of the Supports for Participants Rules and
Operational Guideline – Planning and Assessment – Supports in the Plan
c.
Consider the additional guidance for delegates provided by the NDIA set out in this
operational guideline in relation to Supports for Employment, Vocational Training and
Higher Education (see below).
Goals and aspirations
8.
Delegates must be satisfied that a support identified in a plan will assist the participant to
pursue the goals, objectives and aspirations identified in their plan. Delegates will consider
employment, vocational and higher education related supports where the participant has
identified a vocational goal. Funding is also available to assist a participant to identify the most
appropriate vocational goal.
See s.34(1)(a) of the NDIS Act and
Operational Guideline – Planning and Assessment – Supports in the Plan
Supports that will not be funded or provided by the
NDIS
9.
The Supports for Participants Rules provide that a support will not be funded by the NDIS if it:
a.
Is likely to cause harm to the participant or pose a risk to others, or
b.
Is not related to the participant’s disability, or
c.
Duplicates other supports delivered under alternative funding through the NDIS, or
d.
Relates to day-to-day living costs.
See r.5.1 of the Supports for Participants Rules
10. In relation to employment, vocational education and higher education supports, delegates need
to specifically consider whether a support relates to a participant’s disability rather than being
the kind of support that any Australian might need. For example, it would generally not be
appropriate for the NDIS to fund compulsory textbooks except where the participant’s disability
led to an increase cost to allow the participant to access that textbook (e.g. if a participant’s
hearing impairment meant they need an audio book at an additional expense, then the NDIS
may fund the amount that was additional, not the total cost of the book).
Operational Guideline – Planning and Assessment – Supports in the Plan – Supports for
Employment, Vocational Training and Higher Education (v 1.0)
Publication date: 16 January 2014
Page 2 of 8
11. However, the NDIA may invest in a program to secure an employment outcome for an
individual participant (only if ineligible for a Disability Employment Support (DES) or Job
Services Australia (JSA) program) where it can be clearly identified through a cost benefit
analysis that investing in that program will result in sustainable paid employment.
See s.34(2) of the NDIS Act and Part 5 of the Supports for Participants Rules and
Operational Guideline – Planning and Assessment – Supports in the Plan
Most appropriately funded or provided by the NDIS
12. The NDIS Act requires that a delegate must be satisfied that a support is most appropriately
funded or provided through the NDIS and not more appropriately funded or provided through
other service systems.
13. In relation to higher education and vocational education and training, the NDIS will be
responsible for supports that a student requires which are associated with the functional impact
of the student's disability on their activities of daily living (that is, those not primarily relating to
education or training attainment), such as personal care and support, transport to and from the
education or training facility and specialist supports for transition from education or training to
employment that are required because of the person's disability.
See s.34(1)(f) of the NDIS Act and r.7.15 Supports for Participants Rules
14. The NDIS will not be responsible for the learning and support needs of students that primarily
relate to their education and training attainment (including teaching, learning assistance and
aids, building modifications, transport between education or training activities and general
education to employment transition supports).
See r.7.16 of the Supports for Participants Rules
15. The table below provides guidance on whether a support is more appropriately funded or
provided through the NDIS or by other parties. Other parties can include other government
departments and agencies, independent organisations funded by government to provide
services or individuals and families:
A. The NDIS is generally more appropriate to fund the following supports:
1.
Assistance with daily personal activities – individualised assistance associated with the
functional impact on the participant’s activities of daily living, including personal care while
attending higher education and Vocational Education and Training (VET) activities (e.g. for
assistance with eating)
2.
Assistance in coordinating or managing life stages, transitions and supports – specialist
support to assist a participant transition to higher education or VET to post-education options
such as building the participant’s capacity for independent living and self-care, development of
social and communication skills, development of specialist behaviour management plans and
enabling the participant to travel to their place of education
B. Depending on their purpose the following supports can be more appropriately funded by the NDIS or
other parties:
1.
Aids and equipment
a.
The NDIS: aids and equipment which are required because of a participant’s functional
impairment and required regardless of the activity they are undertaking (e.g. hearing aids,
wheelchairs, personal communications devices), but not any requiring medical or surgical
procedures
Operational Guideline – Planning and Assessment – Supports in the Plan – Supports for
Employment, Vocational Training and Higher Education (v 1.0)
Publication date: 16 January 2014
Page 3 of 8
b.
2.
3.
4.
5.
Other parties: aids and equipment, which are:
i.
A reasonable adjustment to enable access to an institution (e.g. ramps, lifts, hearing
loops, or other capital works), and/or
ii.
Required for an educational outcome (e.g. modified computer hardware, education
software, braille textbooks), and/or
iii.
Fixed or non-transportable in higher education and vocational education and training
that enable a student access to education (e.g. hoists).
Assistance with transport
a.
The NDIS: specialist transport to and from a higher education and VET facility required as
a result of a participant’s disability and only in circumstances where the participant is
unable to use public transport and where no other transport option is appropriate,
b.
Other parties: transport for educational activities (e.g. excursions, field trips) or
responsibilities of transport providers (e.g. reasonable adjustments to busses)
Specialist support and training
a.
The NDIS: for higher education and VET staff related to the individual personal support
needs of a participant, including individually tailored plans,
b.
Other parties: general education and training for education staff to support and engage
students with disability in general
Therapeutic support, including assistance by allied health professions such as speech and
language pathology, physiotherapy, occupational therapy, audiology, and therapy delivered by
a therapy assistant under the supervision of the therapist:
a.
The NDIS: to support a student’s functional capacity which are delivered in education
facilities for non-educational purposes (i.e. where the education facility is being used, but
the therapy is not for educational purposes),
b.
Other parties: where it is primarily for the purpose of educational attainment, participation
in the curriculum or a clinical support (see Operational Guideline – Supports in the Plan –
Health.
Higher education and vocational education and training course fees –
a.
The NDIS: course fees for training which is to develop personal, life skills or work
readiness development (such as a Certificate 1 in Work Readiness),
b.
Other parties: course fees for general learning (e.g. French language course) and
vocation-specific courses (e.g. Diploma in Horticulture)
C. Other parties are generally more appropriate to fund the following supports:
1.
All aspects of teaching and learning, including:
a.
learning-specific aids, equipment and resources,
b.
teaching and learning assistance, including teachers assistants and tutors, in any
recognised educational setting (including alternative education),
c.
curriculum adjustments such as personalising learning to meet a student’s individual
learning needs,
d.
the general supervision of students while undertaking educational activities,
Operational Guideline – Planning and Assessment – Supports in the Plan – Supports for
Employment, Vocational Training and Higher Education (v 1.0)
Publication date: 16 January 2014
Page 4 of 8
e.
2.
inclusion supports that enable a person with disability to access teaching and learning,
such as an Auslan interpreter
Building modifications and fixed aids and equipment – within education institutions, including
those used for personal care such as hoists, and modifications to education accommodation
facilities such as student accommodation
16. In relation to employment, the NDIS will be responsible for:
a.
Supports related to daily living that a participant would require irrespective of whether they
are working or looking for work, (including personal care and support and transport to and
from work),
b.
Frequent and ongoing supports that assist a participant to take part in work where the
participant has work capacity and is unlikely to be able to find or retain work in the open
market, including with the assistance of employment services, and
c.
Individualised assistance to support a person with disability to transition into employment,
where these support needs are additional to the needs of all Australians and specifically
required as a result of a participant’s functional impairment, e.g. training on workplace
relationships, communication skills, dress, punctuality and attendance, and travelling to
and from work.
See r.7.17 of the Supports for Participants Rules
17. A participant may receive assistance from a DES or JSA program and the NDIS, however, the
NDIS supports will not include supports that the person is entitled to receive through DES or
JSA.
18. The NDIS will not be responsible for:
a.
b.
the funding or provision of employment services and programs, including both disabilitytargeted and to provide advice and support to:
i.
People with disability to prepare for, find and maintain jobs, or
ii.
Employers to encourage and assist them to hire and be inclusive of people with
disability in the workplace (i.e. support, training and resources, funding assistance to
help employers make reasonable adjustments, and incentives for hiring people with
disability, e.g. wage subsidies),
Work-specific support related to recruitment processes, work arrangements or the working
environment, including workplace modifications, work-specific aids and equipment,
transport within work activities and work-specific support required in order to comply with
laws dealing with discrimination on the basis of disability
See r.7.18 of the Supports for Participants Rules
19. The NDIS will not be responsible for the funding or provision of open employment services
such as DES and JSA programs.
20. In addition, the NDIS will not be responsible for providing participants with direct employment
assistance including job-readiness training, job search or job-placement activity, actively finding
a person a job or training opportunity,
21. The table below provides guidance on whether a support is more appropriately funded or
provided through the NDIS or by other parties. Other parties can include other government
departments and agencies, independent organisations funded by government to provide
services or individuals and families:
Operational Guideline – Planning and Assessment – Supports in the Plan – Supports for
Employment, Vocational Training and Higher Education (v 1.0)
Publication date: 16 January 2014
Page 5 of 8
A. The NDIS is generally more appropriate to fund the following supports:
1.
Personal supports – associated with the functional impact of the participant’s disability on their
activities of daily living, including work based personal care for employment activities where this
is required regardless of whether the participant is working, looking for work, volunteering or
other community activities (including support that may have previously been provided under the
Work Based Personal Assistance Program).
2.
Assistance to access and maintain employment – supports that assist a participant who is not
eligible for DES or JSA to build their skills and capacity to participate in employment, as well as
assistance to find and maintain appropriate employment in the open market or in supported
employment (e.g. Australian Disability Enterprise).
3.
Supported employment – where a participant is provided with frequent and ongoing supports in
order to take part in work where the participant has work capacity, including supports delivered
through Australian Disability Enterprises and is unlikely to be able to find or retain work in the
open market.
B. Depending on their purpose the following supports can be more appropriately funded by either the
NDIS or funded by other parties:
1.
2.
3.
4.
Aids and equipment
a.
The NDIS: aids and equipment which are required by a participant regardless of the
activity they are undertaking and can be used both at work as well as in other domains of
the participant’s life (e.g. hearing aids, wheelchairs, personal communications devices),
but not requiring any medical or surgical procedures
b.
Other parties: aids and equipment, which are:
i.
A reasonable adjustment to enable access to a workplace (e.g. ramps, lifts, hearing
loops, or other capital works ), and/or
ii.
Required for an employment outcome (e.g. modified computer hardware, specialist
software, Braille documents), and/or
iii.
Fixed or non-transportable in the place of employment (e.g. hoists)
Transport
a.
The NDIS: specialist transport to and from employment required as a result of a
participant’s disability (where no other transport option is appropriate),
b.
Other parties: transport for employment activities (e.g. work meetings) or the responsibility
of transport providers (e.g. reasonable adjustments to busses)
Specialist support and training
a.
The NDIS: support and assistance for colleagues working with a participant relating
specifically to the participant’s personal support needs,
b.
Other parties: to assist workplaces to provide for the needs of people with disability in
general
Therapeutic support – including assistance by allied health professions such as speech and
language pathology, physiotherapy, occupational therapy, audiology, and therapy delivered by
a therapy assistant under the supervision of the therapist:
a.
The NDIS: to support a participant’s functional capacity which are delivered in workplaces
for non-employment purposes,
Operational Guideline – Planning and Assessment – Supports in the Plan – Supports for
Employment, Vocational Training and Higher Education (v 1.0)
Publication date: 16 January 2014
Page 6 of 8
b.
Other parties: where it is primarily for the purpose of employment or a clinical support (see
also r.7.4 and 7.5 of the Supports for Participants Rule (interfaces with health).
C. Other support systems are generally more appropriate to fund the following supports:
1.
Employment Service Programs – to assist people eligible for DES and JSA to prepare for, find
and keep a job, including:
a.
employment preparation assistance,
b.
sourcing paid and/or unpaid work experience opportunities and/or work trials,
c.
contacting employers and referring suitable participants to vacancies,
d.
identifying the needs of local employers and developing skills and training activities for
participants which match those needs,
e.
assisting employers with job design,
f.
providing assistance, training and information for employers and staff to support people
with disability in the workplace,
g.
providing information to employers and assisting employers to access and arrange
employer incentives or wage subsidies, such as through the Wage Subsidy Scheme and
the Supported Wage System,
h.
training, work hardening or physical conditioning programs,
i.
job search assistance, including advice on the availability, location and use of job search
facilities in the local area which are available for no charge; advice on career options and
employment preparation assistance,
j.
providing tailored ongoing support to assist participants to maintain their employment,
apprenticeship or traineeship
2.
Workplace modifications and provision of accessible infrastructure –modifications to general
employment amenities and workplaces, including accessing funding through the Employment
Assistance Fund
3.
Disability Discrimination Requirements – that are covered by reasonable adjustment required
under the Disability Discrimination Act 1992, and supports which are required to be provided
under the Disability Standards for Education to enable people with a disability to participate in
education and training.
19. It is expected the NDIS will generally not fund:
a.
training or equipment for a person other than the participant ,
b.
phone calls, photocopying, stationery, meals at training venues,
c.
training that is related to an existing qualification, licence, registration,
d.
capital investment such as costs of establishing and running a business,
e.
induction training, ongoing skill maintenance or development that is the responsibility of
the employer or the participant to maintain their employment,
f.
equipment that an employer provides, or should provide, to all employees to meet their
statutory requirements and business needs
Operational Guideline – Planning and Assessment – Supports in the Plan – Supports for
Employment, Vocational Training and Higher Education (v 1.0)
Publication date: 16 January 2014
Page 7 of 8
Social and economic participation
20. Provided that the supports related to a vocational goal, delegates will generally be satisfied that
this support would facilitate the participant’s social and economic participation.
See s.34(1)(b) of the NDIS Act
Value for money
21. Before including a support in the plan, the delegate must be satisfied that the support is value
for money.
See s.34(1)(c) of the NDIS Act and Operational Guideline – Planning and Assessment – Supports in the Plan
Effective and beneficial
22. The NDIS will generally fund supports for vocational training (including pre-vocational training)
when:
a.
the training is provided by a suitably qualified training provider of the training,
b.
the training is appropriate for the vocational goal that has been identified (the qualification
or training is recognised in the community as a legitimate pathway to that vocational
opportunity),
c.
there is a high likelihood of successful completion by the participant and an identifiable
labour market opportunity for paid employment or professional volunteering at its
successful completion by the participant,
23. It is expected that the NDIS will generally not fund, or continue to fund, vocational training
when:
a.
there is no clear demonstrated benefit or outcome for the participant,
b.
the participant fails to maintain satisfactory progress, in view of the requirements of the
training organisation or the NDIA,
c.
the participant withdraws from the training or is excluded by the training organisation on
the grounds of misconduct.
See s.34(1)(d) of the NDIS Act
Reasonable expectations of families
24. Delegates must be satisfied that the funding or provision of the support takes account of what it
is reasonable to expect families, carers, informal networks and the community to provide.
See s.34(1)(e) of the NDIS Act
Operational Guideline – Planning and Assessment – Supports in the Plan – Supports for
Employment, Vocational Training and Higher Education (v 1.0)
Publication date: 16 January 2014
Page 8 of 8