National Disability Insurance Scheme Plan Decision-Making: Or When Tailor-Made Case Planning Met Taylorism and the Algorithms?

32 Pages Posted: 2 Dec 2019

See all articles by Terry Carney AO

Terry Carney AO

The University of Sydney Law School

Shih-Ning Then

Queensland University of Technology - Faculty of Law

Christine Bigby

La Trobe University

Ilan Wiesel

Geography and Resource Management

Jacinta Douglas

La Trobe University

Date Written: November 28, 2019

Abstract

The National Disability Insurance Scheme (‘NDIS’) has been criticised for failing adequately to live up to the promise of individualised resource packages tailored to the needs of each participant, instead applying bureaucratic, standardised administrative logics. This paper analyses the legal architecture, policy assumptions and administration of the NDIS to establish the extent to which its guiding philosophy lies in professional person-centred case planning, an insurance logic, or principles of equity and efficiency of decision-making; and then assesses the contribution of legal remedies in ensuring fidelity of purpose to policy goals. It is argued that whatever the validity of criticism of NDIS Taylorist administrative standardisation and data-driven planning, it is neither an error of law nor responsive to merits review avenues. Undue weighting of equity and efficiency goals over the preferences and needs of individual participants nevertheless remains ethically problematic in unduly elevating an ethics of justice (impartial planning based on abstract principles applied consistently to all participants) over an ethics of care that views each participant as unique, as arguably the NDIS was designed to promote.

Keywords: NDIS, caseplanning, insurance logic, legal remedies, ethic of justice vs ethic of care

JEL Classification: K10, K30

Suggested Citation

Carney AO, Terry and Then, Shih-Ning and Bigby, Christine and Wiesel, Ilan and Douglas, Jacinta, National Disability Insurance Scheme Plan Decision-Making: Or When Tailor-Made Case Planning Met Taylorism and the Algorithms? (November 28, 2019). T. Carney, S-N. Then, C. Bigby, I. Wiesel, J. Douglas, 'National Disability Insurance Scheme Plan Decision-Making: Or When Tailor-Made Case Planning Met Taylorism and the Algorithms?', Melbourne University Law Review, 42:3, 2019 (Forthcoming), Available at SSRN: https://ssrn.com/abstract=3494853

Terry Carney AO (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Shih-Ning Then

Queensland University of Technology - Faculty of Law ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, QLD 4000
Australia

Christine Bigby

La Trobe University ( email )

Department of Economics and Finance
Victoria 3552, 3086
Australia

Ilan Wiesel

Geography and Resource Management ( email )

Melbourne
Australia

HOME PAGE: http://https://findanexpert.unimelb.edu.au/display/person178914

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