The Law Handbook 2024

Chapter 8.1: Understanding disability and the law 781 • core supports which is direct support for the individual and includes support in the home and community, consumables such as continence products and minor assistive technology, and transport • capacity building which is aimed at developing skills and includes therapies and NDIS-specific roles such as support coordination (to find and coordinate services), and plan management (to manage the funding). For some people with their first NDIS plan, this category may be the most important as it contains the funding for occupational therapists and other allied health professionals to conduct assessments of need and make recommendations about the supports to be funded in future. • capital supports such as home modifications, specialist disability accommodation and significant assistive technology (such as wheelchairs or vehicle modifications) For more information see www.ndis.gov.au/ participants/using-your-plan/managing-your-plan/ support-budgets-your-plan If a participant does not agree with the decision about the supports the NDIS will fund, they can seek an internal review of this decision, wherein a different employee of the NDIA will reconsider the decision. If they do not agree with the outcome of the internal review, they can request the Administrative Appeals Tribunal (AAT) conduct an external review (or appeal) of the decision. NDIS Appeals advocates are free independent services to assist people with AAT appeals. See the Contacts List at the end of this chapter for details. Disability advocacy services Free, independent advocacy is available for people with disability who need support to assert their rights or resolve issues. These services are funded by both Commonwealth and state governments. Commonwealth-funded advocacy services are listed here: www.dss.gov.au/disability-and-carers-programs- services-for-people-with-disability-national-disability- advocacy-program-ndap-operational-guidelines/ list-of-agencies-funded-under-the-national-disability- advocacy-program State-funded advocacy services are listed here: www.providers.dffh.vic.gov.au/disability-advocacy- organisations Disability parking permit There are two types of parking permits available for people with disabilities: • Australian Disability Parking permit (ADP) • Double Time permit (DT) Eligibility for the ADP requires evidence that: • The person has a significant mobility impairment requiring the use of a mobility aid and a larger than standard parking bay; or • The person has a significant medical condition which makes it difficult to walk 100 metres safely, or • The person has a significant cognitive or other impairment which requires continuous support. Holders of an ADP can park in accessible parking spaces, or park for double the signed time in a standard parking bay. Victorian ADP permits are recognised in other states. Eligibility for the DT requires evidence of a significant impairment that affects the ability to walk more than 100 metres and requires regular breaks. Holders of a DT can park for double the signed time in a standard parking bay. DT permits are not recognised outside of Victoria. For more information see www.accessibleparking. vic.gov.au/permits/ Protections from discrimination There are laws against discrimination on the basis of disability at both state and Commonwealth levels. Equal Opportunity Act The Equal Opportunity Act 2010 (Vic) (‘ EO Act ’) protects people against discrimination on the basis of disability. In the EO Act, disability is defined as: a total or partial loss of bodily function (e.g. incontinence, hearing loss); b the presence in the body of an organism that may cause disease (e.g. bacteria causing blood poisoning, hepatitis or HIV/AIDS virus); c total or partial loss of a part of the body (e.g. loss of fingers on one hand, hysterectomy);