NDIS and support service decisions

The public guardian is appointed by the Queensland Civil and Administrative Tribunal (QCAT) to make personal decisions for adults with impaired decision-making ability when there is no one else suitable to take on the role.

These decisions may include accommodation, health care, contact and service provision, as outlined in the QCAT guardianship order.

When we are appointed to make service provision decisions, we help arrange support through the National Disability Insurance Scheme (NDIS) or the aged care system.

These services are designed to assist people with disabilities or aged related needs and may include personal care, help accessing the community or assistance with medications. Our goal is to ensure the services meet your needs and support your wellbeing.

What is the National Disability Insurance Scheme (NDIS)?

The NDIS is a national program that provides funding for disability support and services to people with permanent and significant disabilities. It helps you choose how and where your funding is spent, based on your needs and goals.

• To apply, you must be an Australian citizen under 65 years old with a permanent disability.
• If you’re approved before turning 65, you can continue receiving NDIS services or transition to aged care services when needed.

For more information, visit the NDIS website.

What is the aged care system?

The aged care system provides government-subsidised support to help older people stay independent at home or move into residential care when needed:

• Services include home-based support, respite care and 24-hour residential care
• Access is based on your assessed needs, not your age.

To get started, visit My Aged Care or contact their national helpline.

How do we make NDIS and other support service decisions?

If you cannot make decisions about your support services, we can assist as your guardian or attorney.

For NDIS participants:

• We help you register and meet access requirements to receive funded support through the NDIS.
• We work with you and a planner during planning meetings to ensure your plan meets your needs.
• Once your plan is approved, we work with you, your NDIS support coordinator (if there is one), and others in your support network to ensure services meet your needs.
• We make decisions for services or suggest changes if needed.
• We can only make decisions that align with your NDIS Plan and what you have been deemed eligible for.

For adults over 65 (who are not NDIS participants):

• We help you access aged care services in your home.
• If appointed for accommodation matters and your needs are best suited in a residential aged care facility, we can make. a decision for you to reside in a residential aged care facility.
• We work with your service provider to ensure you receive the right support.
• We collaborate with your administrator, who approves service costs.

What do you need to provide when requesting a service provision decision?

Your NDIS support coordinator or other support person will work with you to find the most appropriate services to meet your needs. We will then review and make a decision about the suggested services.

To help us in decision-making, we will need to consider information such as:

• A copy of your NDIS plan or ACAT approval (for aged care)
• A schedule of supports or Roster of Care (for NDIS supports)
• Medical and allied health reports.

Providing this information promptly will help us make decisions efficiently.

What do we consider when making decisions?

When making service provision decisions, we consider three key factors:

1. Your views and wishes

• We involve you in choosing your supports and consider your views, wishes and preferences.
• If you can’t communicate your wishes, we rely on your likely views, wishes and preferences or input from family and friends.

2. Eligibility for funded supports

• We can only make decisions if you are eligible for NDIS or aged care funding, or if you can pay for private supports.
• For example, if you are on a temporary visa and not eligible for funding, we cannot make decisions about support services unless you have private funds.

3. Your needs

• We ensure services or supports chosen to meet your specific needs such as mobility or personal care.
• If a proposed service isn’t suitable, we will review other options to find the best fit for your needs.

What are our requirements for NDIS matters?

If we're appointed to make NDIS-related decisions for you, we don't need to become your plan nominee, as our guardianship appointment is sufficient. However, any existing plan nominees must be removed.

To ensure your NDIS plan is managed effectively, your plan must:

• Include funding for a support coordinator
• Be agency-managed (unless this would prevent you from accessing a service).

NDIS support coordinators are essential in:

• Finding suitable service providers
• Ensuring services match your funding
• Identifying any discrepancies between funding claimed and services delivered.

What NDIS decisions can we make for you?

As your guardian or attorney, we can:

• Help you understand NDIS eligibility
• Assist with your NDIS application
• Support you in choosing service providers
• Ensure you receive the services you need
• Help you make changes to your NDIS plan if required.

Can we determine your NDIS eligibility?

No, we cannot determine your eligibility for NDIS services. However, if we're your guardian or attorney, we can advocate for you to access the NDIS or find alternative government or community support services if you aren't eligible.

How long does the decision-making process take?

The time it takes to make a decision depends on your individual situation:

• We aim to make decisions as quickly as possible while prioritising your views, wishes and preferences.
• If you're in an unsafe situation, let us know as soon as possible and explain the risks and outcome you are seeking so we can make a decision as soon as possible.