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Concerns regarding functional capacity assessments for autistic children (Family or carer experience)

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National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Bill 2026

Submission: Submission 143

Introduction

I am the parent and primary carer of an autistic child diagnosed with Autism Spectrum Disorder Level II who requires substantial support due primarily because she masks her impairments. My daughter’s challenges aren’t always visible within structured clinical settings despite significant daily life difficulties, she has been deeply concerned that proposed amendments will disproportionately disadvantage children like my daughter particularly those on autism spectrum disorder masking their impairment. The submission outlines concerns regarding:

  • Definition measurement functional capacity
  • Lack clarity substantially reduced functional capacity
  • Impact mask assessment outcomes
  • Changes timeframes reassessment rules
  • Expanded Ministerial powers
  • Risk children boundary between NDIS foundational supports

National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Bill 2026

Submission 143

The proposed model shifts from diagnosis-based access to an assessment of functional capacity, defined as a person’s ability to perform activities independently without supports. While this framework aims for objectivity, it raises serious concerns for autistic children.

Masking Leads to Under-Assessment

Children who mask:

  • May appear more capable than they are in structured environments
  • Can perform well in short assessments
  • Often conceal distress, fatigue, and effort As a result, they risk being assessed as having only moderate impairment, despite requiring substantial support.The Bill does not provide safeguards for recognising or accounting for masking.

Assessments May Not Reflect Real-World FunctioningAlthough assessments are intended to focus on intrinsic ability, in practice they often rely on limited observations.This creates a risk that:- Post-school exhaustion (shutdowns, meltdowns)- Emotional dysregulation- Reliance on structured supportsare not adequately captured.Children may therefore be assessed as more independent than they actually are.

Changes to Timeframes and Planning Reduce Flexibility

Restricted Access to Plan ReassessmentReassessment is limited to situations involving a significant and ongoing change in needs. This reduces flexibility where needs increase gradually, which is common in developmental conditions like autism.

Longer Decision TimeframesReassessment decisions may take up to 90 days, reducing responsiveness and delaying access tosupports.

National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Bill 2026

Submission 143

Plans may be renewed without reassessment, limiting opportunities to update supports and reducing oversight.

Annual Funding Reset

Unused funding does not carry over, reducing flexibility where services are delayed or unavailable.

Section 5: Ministerial Powers and System Governance

The Bill substantially expands Ministerial powers, shifting the NDIS toward greater centralised control. While intended to support sustainability and consistency, these changes raise important concerns about fairness, transparency, and the ability of the system to respond to individual needs.

Subsection A - System-wide Funding Controls

  • Subsubsection i Reduce funding for specific support categories
  • Subsubsection ii Set maximum funding levels or support intensity These measures apply broadly and are not based on individual circumstances, meaning participants may receive less support than is assessed as necessary.

Subsection B - Control Over Eligibility and Assessment Key concepts, including what constitutes “substantially reduced functional capacity,” are not defined in the Act and will instead be set through NDIS rules This enables eligibility thresholds and assessment methods to be altered without amending primary legislation, reducing transparency and certainty for families.

Subsection C - Direction to Alternative Systems The Minister may determine that certain supports should be provided by other service systems rather than the NDISThis creates risks where:

  • Alternative systems are under-resourced or inconsistent
  • Access to equivalent supports is not guaranteed Participants may therefore face gaps in support or be shifted between systems without adequate safeguards.

National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Bill 2026

Submission 143

Limited Individual Review and Accountability

Many Ministerial powers operate through legislative instruments that:

  • Apply broadly across participants
  • Are not subject to individual merits review This limits the ability of participants to challenge decisions that directly reduce or restrict their access to supports.

Overall Impact and Risks

Taken together, these powers enable the Minister to:

  • Control funding levels across the Scheme
  • Set eligibility thresholds outside primary legislation
  • Cap supports regardless of individual need
  • Shift responsibility for supports to other systems This represents a move toward a centrally managed system where individual circumstances may be constrained by system-level decisions. For children with autism, particularly those who mask, this raises concerns that:
  • Support levels may not reflect actual needs
  • Eligibility thresholds may not capture less visible disability
  • Access to appropriate supports may become more limited over time

Impact on Families and Recommendations

Taken together, these changes create:

  • Uncertainty about eligibility and future support
  • Risk of under-assessment for children who mask
  • Reduced flexibility in planning and reassessment
  • Increased administrative burden on families
  • Less transparency and fewer meaningful review pathways
Recommendations

I recommend that the Committee: - Define “substantially reduced functional capacity” in legislation - Require explicit consideration of masking and variability in assessments - Allow reassessment where supports are insufficient

National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Bill 2026

Submission 143

Review extended decision timeframes Safeguards introduced; Minsterial power improved. *Ensure alternative systems offer equal support. Conclusion: The proposed reforms seek consistency in creating an inclusive NDINIS. Without added protections, it risks overlooking or undervaluing children’s needs due to their complexity rather than visibility. Children displaying signs of Autism may be especially at-risk within this framework focusing solely on observed functionality capacities. I implore you to guarantee equity, responsiveness from your committee ensuring recognition fully encompasses all aspects including hidden impairments.