The National Disability Insurance Agency (NDIA) slashed Dane Waites's funding by $25,000 last year and another $25,000 this year after he received a compensation payout for historical sexual abuse. Waites, who lives with profound autism, severe intellectual disability, and bipolar disorder, can no longer afford essential support services that enabled him to live independently.
Background and Impact
Waites was sexually abused in the early 1990s at the Catholic-run Churinga Special Residential school. In 2021, he received a confidential compensation sum from St John of God after suing the church. Shortly after, the NDIA informed him that the payout triggered a "compensation reduction amount," a mechanism to prevent double-dipping when court payouts cover support services or equipment previously funded by the NDIS.
The cuts have left Waites unable to afford respite care or daily activities that help him cope. His mother, Junee Waites, 83, said, "The compensation from the Catholic church did not come to Dane because of his disabilities." She described the battle as exhausting: "I am so very tired of fighting for my son’s right to have a [good] quality of life, self-esteem, dignity, a sense of security to live as independently as possible with appropriate support."
Legal and Policy Issues
The Australian Lawyers Alliance has repeatedly advised the government that survivors of historical child abuse should not be subject to compensation recovery. Shaun Marcus, a past ALA national president, said, "Public policy should be that we exclude these types of claims from recovery... a victim of child sexual abuse should not be subject [to compensation recovery] at all."
The NDIA's process for calculating the reduction is complex and opaque. It starts by assuming how much of a settlement is for lost earnings versus past and future care, but fails to account for legal fees or pain and suffering. The yearly reduction amount is then determined through an unpredictable method. Financial adviser Jane Campbell noted, "This is the other thing that is really causing people concern... I have met with clients who say ‘maybe we should never have sued’. That question is being asked more and more."
Waites's Fight
Waites and his mother have turned to the Administrative Review Tribunal to overturn the decision. His case argues that the NDIA incorrectly classified his disability and miscalculated the compensation reduction amount. An NDIA spokesperson declined to comment, citing the ongoing tribunal case.
Waites, once a champion athlete and NDIS advocate, has become disillusioned. In a handwritten letter, he wrote, "Mum and I toured NSW helping families feel good about the NDIS. I don’t feel happy about the NDIS now."
Support services for abuse survivors are available: in Australia, Kids Helpline (1800 55 1800), Bravehearts (1800 272 831), Blue Knot Foundation (1300 657 380); in the UK, NSPCC (0800 1111 for children, 0808 800 5000 for adults), Napac (0808 801 0331); in the US, Childhelp (800-422-4453).
