Supporting Choice and Control: An analysis of the approach taken to legal capacity in Australia’s National Disability Insurance Scheme

This article will examine how the notion of choice and control has been operationalized within the NDIS framework and critically analyse this against the requirements of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) adopted in 2006. It will demonstrate that whilst the NDIS seeks to promote individual autonomy and champion the provision of support, it still permits a substituted decision-making model for the exercise of legal capacity via the appointment of nominees.