National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Bill 2026 Submission 1155
Submission to the Senate Community Affairs Legislation Committee Inquiry into the National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Bill 2026
About Me I am writing as a disabled person who is applying for NDIS support for myself; as a parent and nominee for my son who is a long-term participant; as someone supporting my other disabled son to apply; as a provider who supports some NDIS participants; and part of peer support community for disabled adults across Australia.
I am also based in an outer regional area and was living rurally at the beginning of my son’s NDIS journey. I have experienced firsthand the lack of accessible disability and disability-related capacity building supports available outside metropolitan areas, and the difficulties many disabled people face accessing individualised and appropriate supports. I am also non-binary.
Position on the Bill I believe this Bill should not be passed in its current form. I support the long-term sustainability of the NDIS. However, I believe significant amendments are required to ensure the NDIS continues to recognise fluctuating disability, co-occurring conditions, and the need for individualised supports.
I believe aspects of the proposed legislation risk causing significant harm to disabled people, particularly Autistic people and others with fluctuating disability, chronic illness, psychosocial disability, trauma histories, co-occurring conditions, and intersecting support needs.
Concern About Narrowing Definitions of Disability and Functional Capacity One of my main concerns is the proposed definition of “functional capacity” within the Bill. The Bill states that functional capacity should be assessed “without assistance from other people, assistive technology or modifications” and in a context excluding “environmental and personal circumstances.”
I am deeply concerned by this approach because many disabled people only function because of supports, accommodations, environmental modifications, routines, relationships, and scaffolding. Removing environmental context from assessment does not reflect the lived reality of disability.
For myself and my sons, functioning is highly context dependent and can fluctuate significantly depending on stress, sensory load, burnout, illness, trauma, routine disruption, communication demands, and support availability. We could appear capable in a short interaction while experiencing severe exhaustion, shutdown, or collapse outside that environment.
I am also concerned by the proposed change requiring supports to arise “directly” from an impairment. Many disabled people experience co-occurring and cumulative disabilities that interact together. For my sons and I, it is often impossible to separate support needs neatly into one isolated condition. Functional difficulties may arise through the interaction of Autism, chronic illness, trauma, psychosocial disability, executive functioning difficulties, communication differences, fatigue, sensory needs, and environmental barriers.
National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Bill 2026 Submission 1155
I am concerned these changes risk excluding people with complex and fluctuating support needs and reducing access to individualised supports that help people remain safe, housed, connected, and able to participate in everyday life. I am concerned for my own family and the broader Autistic and disabled community.
Closing I ask the Committee to recommend significant amendments to this Bill before it is passed. The NDIS must continue to recognise the complexity of disability and the importance of individualised supports that reflect the real-world experiences of disabled people and their families.