NDIS and sex work

Over the last few years Touching Base has worked closely with People With Disability Australia (PWDA) and other Disabled Peoples’ Organisations on the issue of sex work services being appropriately funded as a reasonable and necessary support under the Australian National Disability Insurance Scheme (NDIS).

Why people with disability are more likely to seek sexual supports

The NDIS has produced internal research reports related to sexuality and sexual activities that have been released under FOI applications. Their own research highlights why people with disability are more likely to seek sexual supports.

Sexuality and disability

A review of the social and empirical evidence on disability and (a)sexuality, conducted in 2001 [77], highlighted that people with disabilities tend to face disproportionate levels of difficulty in leading fulfilling sexual lives compared to people without disabilities, despite possessing the same sexual needs and desires. The review identified that people with disabilities tend to encounter several barriers when expressing their sexuality and accessing sexual and reproductive healthcare, located at the individual (e.g. poor body image), societal (e.g. negative attitudes), and structural (e.g. inaccessible environments) levels.  

The NDIS Bill amendment to exclude “sexual services” has passed

Here’s our latest news on the NDIS changes – 3rd October 2024

We understand our members and allies want clarity about what is going on and are feeling uncertain and anxious about how the NDIS changes may affect their access to sexual services they are currently using NDIS funds for. Unfortunately, we can’t provide all the answers today, but we are working hard to get clarity as soon as possible. Here is an update on where things are at. .

NDIS Support lists announced
The final NDIS support list was published on Monday 1st October, and we are pleased to note that “sex work” has been removed from the NDIS list of banned supports. The final report on consultations on the support list states, “Respondents said that the blanket exclusion of sex work does not take account of the many reasons people with disability may seek support from a sex worker,” which is a testament to the advocacy of Touching Base, our allies in the disability community and other supporters of the sexual rights of people with disability. 

We note that in the media, journalists and people being interviewed are not always being precise in what terms they are using to describe the changes. To be clear, “sexual services” are now prohibited from being funded under the NDIS Act but “sexual services’ have not been defined. As part of our negotiations with the NDIA and DSS, we are seeking to develop an “operational definition” of sexual services and will provide further updates as soon as they are available.

Touching Base sought pro-bono legal advice to explore whether the exclusion of sexual services under the NDIS Act could be challenged on human rights grounds. Unfortunately, the legal advice indicated that there are no viable grounds to appeal the exclusion within the NDIS Act.

Negotiations in process

We are now part of a negotiation team now being led by People with Disability Australia (PWDA) and Women with Disabilities Australia (WWDA), alongside Scarlet Alliance, First Nations Disability Network and a leading activist in the disability community. Opportunities will come up for engagement with other key informants in the near future.

Questions the negotiating team are putting to the NDIA and DSS include seeking urgent clarification on:

  • Whether the 12 month grace period for people to make mistakes cover people who use their NDIS funds to pay for sexual services?
  • In this 12 month grace period, participants will still be able to claim newly ‘excluded’ items if they were already approved on an existing plan. Does this include ‘sexual services’?
  • If the current funding for sexual services/supports needs to be specifically stated in a participant’s plan in order to be covered within the grace period?
  • Clarification around what supports and services the term “therapy’ might cover.

UPDATE 23rd December 2024

The NDIA has confirmed the grace transitional period of 1 year does not apply to sexual services. However, because sexual services haven’t been defined yet, it still isn’t clear what disability related sexual supports can still be funded.

Case Studies Call-out 23rd Oct 2024

We are looking for your support to develop case studies based on current practice to inform the policy guidance work. These could be real life situations or hypothetical scenarios. The key case studies that will be the most impactful are where sexual supports have been funded by the NDIS, or where a review has been requested after funding for sexual supports have been turned down.

By collecting this information, we can create a comprehensive picture of the experiences of NDIS participants who have accessed sexual supports. These case studies will be used to inform policy decisions, advocate for the continued funding of sexual supports, and improve the overall quality of care for people with disability.

All information provided will be used in a confidential manner and no names or identifiers will be used in the final case studies. Use the below template to share the information we need to develop a case study.

How long will the survey take?

Approximately 15 minutes. Required questions are marked with an asterisk (*).

Here is the link to the call out for NDIS Sexual Services Case Study Development – being coordinated by PWDA

Need support or have questions?

For an Easy Read version of this survey, to complete it over the phone, to request a different format, or if you have any questions, please contact policy@pwd.org.au

Please send in your case studies ASAP, preferably before 31st Oct.

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Take care of yourself

This is a very distressing and confusing time for many people. If you need support we encourage people to reach out for help – you are not alone.

  • Lifeline
    • 24/7 Mental Health Crisis Support              Ph: 13 11 14
  • Beyond Blue
    • Mental Health Support Hotline & Chat       Ph: 1300 224 636
  • Headspace
    • Mental Health Support for Young People   Ph: 1800 650 890
  • QLife
    • LGBTIQ+ peer support and referral            Ph: 1800 184 527

Further Reading

Touching Base has a long history of fighting for the rights of NDIS participants to get the sexual supports they need. We will continue to fight against these restrictive and discriminatory changes. Please keep an eye on our socials for updates as things progress

See our latest Joint Statements in response to Minister Shorten publicly seeking to ban sex work services under the NDIS in August 2024:

In this section you will also find:

Touching Base endorses The Uluru Statement from the Heart and acknowledges First Nations as the traditional custodians of country throughout Australia, their diversity, histories and knowledge, and their continuing connections to land and community. As Australians all, we respect our nation’s First Peoples, their cultures, and Elders of past, present and future generations.