Disability advocates say sex work should be banned under the NDIS and support for a ‘normal life’ should be removed

Sex work will no longer be funded by the National Disability Insurance Scheme under NDIS Minister Bill Shorten’s planned reforms, the minister confirmed.

The decision to exclude sex work has caused great concern in the disability sector, with warnings that it will deprive participants of their freedom of choice and could signal a wider restriction of access for participants.

On Sunday, Mr Shorten told Sky News he intended to change the rules.

“We will rule it out, yes, we will rule it out. It’s just not a viable concept, it doesn’t pass the test, does it?” Shorten said.

“The reality is that I know of one or two examples where this has happened before. So that’s not what happens in most cases.”

Specialised sex services have been available through the NDIS since 2020, when the Federal Court ruled in a lawsuit that the National Disability Insurance Agency should authorise these services if they are deemed appropriate and necessary.

The judgment was in favour of a woman suffering from multiple sclerosis who had brought the action because neither the NDIS Act nor its regulations explicitly excluded funding for sexual services.

Participants seeking access to sex workers through the NDIS must seek agency approval. Advocates say that in cases where approval has been sought, the agency must have determined it was appropriate and necessary.

President of People with Disability Australia Marayke Jonkers said a ban would mean the government would decide who was allowed to have sex.

“While this may not be true for every NDIS participant, this support has enabled people to live normal lives and sexual expression is part of a normal life and human experience,” Ms Jonkers said.

“A change to this law would mean that the government would now actually decide whether people with disabilities are allowed to have sex.

“Even within the disability community, there are people who say, ‘Yes, I want to pay for it, or no, I just want it to be done out of love.’ At least we respect other people’s right to choose, we don’t have a law that dictates that choice.”

Speaking to the National Press Club in 2021, Shorten, then shadow minister for disability issues, said he was unsure whether funding for sex workers was sustainable. But he criticised the Morrison government’s plan to ban sex therapy as an NDIS service, calling it a “smokescreen” to give the minister and agency the power to push back on other matters for which people could apply for funding.

NDIS sex work ban is ‘double standards’, say the Greens

Greens disability spokesperson Jordon Steele-John said NDIS participants had previously experienced difficulty accessing sexual support and felt embarrassed doing so.

He said when participants explained why they needed NDIS funding for these services, it was shown to be legitimate and in line with the rules of the system.

“This is actually a double standard. The federal government is perfectly willing to provide public funds for sex-related aids such as Viagra and other prescription drugs – as it should be – and there is a growing understanding of the need for open and honest conversations about sex and sexuality across society,” said Senator Steele-John.

“And yet the topic of disability and sexuality is often portrayed as offensive and taboo by people in positions of power.”

Ms Jonkers also warned that the ban could extend beyond sex work to include special sexual assistance for people with disabilities or send the message that those affected could be discouraged from seeking help.

She said disability groups had put “their heart and soul” into the government’s review of the NDIS and that the issue of sex work funding raised a wider question about what would be included or excluded as support in the NDIS under the government’s proposed reforms to the program.