There's a growing debate over whether sex worker services for people with disability should be funded by the government
Stuart Robert, The NDIS minister, wants to stop the government's disability support fund from paying for sex worker services. He wants the Government to introduce new legislation to sidestep a landmark court ruling last year which declared NDIS funds could be used for specialised sex worker services if deemed "reasonable and necessary".
Wait, what is the NDIS?
In short: The NDIS, or National Disability Insurance Scheme, is a government program that funds costs associated with disability.
Budget: Around $15 billion a year.
When it started: The NDIS was legislated in 2013, but became fully operational in 2020.
Who it helps: 400,000 Australians with a disability are supported by the NDIS.
The NDIS supports people with disability in three ways:
It pays for core supports, such as walking sticks or house cleaning
It pays for capacity building, like education or exercise help
And it pays for capital support - big projects, wheelchairs and home modifications
Last year, the Federal Court ruled that funding for sex worker services was within the NDIS' scope.
The argument from disability advocates was that everyone has the right to sexual expression, and if people with disability were unable to achieve that, the NDIS should help them - just like they do with walking sticks or education.
The Government argued in court that people with disability should try to source sexual satisfaction from the community, not from a government funded program. Plus, the government agency argued, it would divert funds from more crucial parts of the NDIS.
Stuart Robert didn't agree with the courts then - and doesn't now
When the Federal Court green-lighted sex worker services, Robert said he would start working on new laws to sidestep the decision. On Wednesday, he confirmed the Federal Government would do so. No draft legislation has been introduced to Parliament yet.
"I will move to actually define what is reasonable and necessary so we can meet community standards, because I do not believe... that the Federal Government using taxpayer's money to pay for prostitutes meets that standard, I just can't see it." - NDIS Minister Stuart Robert speaking to 2GB's Ray Hadley on Wednesday.
"We have the same rights to an ordinary life... People with a disability don't have access to sex as other people do. To start talking about prostitutes in this really inflammatory way to a shock jock is something that we wouldn't expect from the Minister." - People with Disability President Samantha O'Connor to SBS News on Thursday.