Scott's sister says an unlikely champion saved his life. NDIS changes may stop others getting the same help
Scott Clough's life was saved by an administrative review tribunal, his sister claims. The tribunal is the last resort for people like 47-year-old Clough, who dispute decisions made about their support under the National Disability Insurance Scheme (NDIS).
Clough, who has cerebral palsy, quadriplegia, epilepsy, is blind and non-verbal, relies on a wheelchair and a communication book. His sister and primary carer, Julienne Verhagen, describes him as cheerful, funny, smart, and a space enthusiast. Clough's NDIS funding has been crucial, allowing him to live with Verhagen and receive 24/7 support from carers.
However, in 2023, Clough's funding was cut by 50%, from $835,000 to $415,000 annually, forcing him to move back into supported accommodation. Verhagen, determined to prevent her brother's death, appealed against the plan, initially through the NDIS and then to the administrative review tribunal (ART).
After two years and $24,000 in legal fees, Verhagen and Clough won their appeal. The National Disability Insurance Agency (NDIA) reinstated Clough's 1:1 support, overnight carers, and therapies, increasing his plan to $1.28 million annually.
The ART's success rate is high, with 73% of cases in the eight months to June 2025 overturning the NDIA's decisions. However, the government plans to reduce the ART's power from mid-2026, as part of a major NDIS overhaul, introducing a computer-based system for generating support plans.
Disability advocates and legal experts warn that this change could be devastating, as the system lacks checks and balances. The new system, called New Framework Planning, will generate support plans using a computer program, with no human discretion to amend them. This has been criticized as 'robo-planning'.
The NDIA argues that the new system will reduce human error and increase consistency, with humans still involved in assessments. However, the ART will no longer have the authority to alter plans or reinstate funding, only to send them back for recalculation. This has raised concerns about the reliability of the computer system and the potential harm to participants.
The government's plans have sparked controversy, with legal experts warning of catastrophic consequences. The NDIS community fears a system without the checks and balances that saved Clough's life, raising questions about the reliability of a machine-based decision-making process.
