Responsibility: Australian Government
Response: Accept in principle
Status: In progress
What has been achieved to date
The Australian Government supports in principle the development of mechanisms to support participation in cultural life. The Government is of the view that changes to NDIS Operational Guidance could achieve the goal of this recommendation through recognition of social and emotional wellbeing models of support which recognise the importance of cultural ways of knowing, being and doing.
The National Disability Insurance Scheme (Getting the NDIS Back on Track No. 1) (NDIS Supports) Transitional Rules 2024 commenced on 3 October 2024 and specifically recognise participation in cultural activity as a NDIS support for First Nations participants.
To support the implementation of this recommendation, certain categories of NDIS supports will now provide participants with assistance to access and/or participate in cultural activities. Cultural activities is broadly defined to mean:
- a cultural activity for a participant or prospective participant person who is an Indigenous person, and includes practices, ways of understanding the world, and methods of expression such as language, celebrations, and events.
For this purpose, it is noted that:
a) individual Aboriginal and Torres Strait Islander cultures have specific spiritualities and lore, and therefore, obligations or responsibilities that are connected to Country and community; and
b) this Connection to Country, Lore and Spirituality is a way of understanding life, identity and connection with others, or kinship.
NDIA has established an Independent Advisory Council First Nations Reference Group (IAC FNRG) which will support the development of operational guidelines to enhance First Nations participants’ participation in cultural life in addition to broader reforms. The IAC FNRG met in February 2025 and will convene next in June to discuss the forward work plan.
What the Disability Royal Commission said in the final report
Sections 3, 4 and 17A of the National Disability Insurance Scheme Act 2013 (Cth) should be amended to refer to participation in cultural life, in addition to participation in social and economic life.
Australian Government Response July 2024
The Australian Government supports in principle the development of mechanisms to support participation in cultural life. The Government is of the view that changes to NDIS Operational Guidance could achieve the goal of this recommendation through recognition of social and emotional wellbeing models of support which recognise the importance of cultural ways of knowing, being and doing.
The Government is committed to ensuring that First Nations participants are supported within the NDIS, with particular focus on initiatives detailed in recommendations 9.8 to 9.12.
More recommendations
View progress on other recommendations made by the Royal Commission.