Submission to the Senate Community Affairs Legislation Committee
Inquiry into the National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Bill 2026
Prepared by: Erica Smith Focus: Incompatibility of proposed social and community participation funding cuts w ith Australia’s obligations under Articles 19 and 30 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD)
Introduction
This submission is presented in response to the Senate Community Affairs Legislative Committee’s inquiry into the National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Bill 2026 (the Bill). It is submitted with deep concern regarding the proposed 50% reduction to budget allocations for social, civic, and community participation supports, which will come into effect from October 1st. The Australian government ratified Article No. CRPD on August 8th, making it binding commitment to uphold human rights persons disabilities domestic policy legislation The proposed cut represents contradiction that commit regression people disability Australia This submission argues incompatible obligation articles living independently participate fully community cultural recreational life further argue developed without meaningful consultation violation participatory principles Convention Human cost these cannot justified solely based budgetary grounds alone
Relevant CRPD Articles
Article 19 — Living Independently and Being Included in theCommunity
Article recognizes equal right all person disability live choices others requires States Parties effective appropriate measures facilitate full inclusion Participation specifically States Party obligated ensure access range support services including personal
National Disability Insurance Scheme Amendment
Securing the NDIS for Future Generations - Bill 2026
Submission: 1590
Assistance Necessary For Living And Inclusion:
an assistance necessary to support living and inclusion within communities while preventing isolation.
Community participation funds are a primary mechanism through which Australia fulfills this obligation; enabling people with disabilities access social networks, engage civically participate recreationally pursue interests build skills relationships essential genuine inclusivity; a reduction these supports eliminates entirely meaningful practice. The UN Committee on Rights Persons Disabilities has consistently emphasized States Parties must not take retrogressive measures undermining rights enjoyed persons disability funding cut magnitude applied broadly without individual assessment need constitutes precisely such measure places directly conflict binding obligations Article 19 sets deeply troubling precedent treatment disability rights domestic policy.
Participation in Cultural Life, Recreation Leisure Sport
Article CRPD recognizes right person disability part cultural life recreation leisure sport equal basis others states parties require appropriate measures ensure people have access materials television film theatre other activities opportunity develop utilize creative artistic potential can engage recreational leisure sporting activities including school system broader community Social civic Community participation is key many disabled individuals particularly those intellectual disabilities funded supports luxury bridge between isolation community. Simplican et al (2015) argue that community engagement interaction foundational belonging inclusive society making accessible supported pathways critical. A % decrease area limits capacity of people participatory culture recreation civic life guaranteed under Article Resetting budgets levels accounting cost increases population growth increased demand will result real-term cuts far exceed for participants cannot reconciled Australia’s obligations under Article or stated commitment goals Disability Strategy .
Impact Of Proposed Cuts On Individuals:
Submission | National Disability Insurance Scheme Amendment Securing the NDIS Future Generations Bill Page: 2
Submission
The proposed cuts to social, civic and community participation supports will have profound and far-reaching consequences for the wellbeing of people with disability across Australia. Community participation is not peripheral to a good life; it’s central to it.
Lived Experience Evidence
Principle of “Nothing About Us Without Us”
The CRPD is unique among international human rights instruments in that it was developed in direct partnership with Disabled People’s Organisations (DPOs), embodying the principle of “Nothing about us without us” (Mittler; Frohmader & Ortoleva). Article 4.3 of the Convention requires States Parties to closely consult with and actively involve people with disability, including children with disability, through their representative organisations, in the development and implementation of legislation and policies. The proposed cuts to social, civic and community participation supports appear to have been developed without meaningful consultation with the disability community, in direct contradiction of this obligation. Co-design is not a procedural nicety; it is a human rights requirement. When people with disability are excluded from decisions fundamentally affecting them, the resulting policy invariably fails to reflect their needs, priorities, and lived realities.[Mellifont] found Australia’s National Disability Strategy suffered significant implementation gaps precisely because adequate groundwork for genuine inclusion wasn’t laid at its policy stage The proposed cuts repeat top-down budgetary decision-making made without meaningful input by those most affected.The contradiction stark: A government ratifying co-designed convention now cutting participatory support without consulting participants.
Response of the Disability Community
The response disabled community has been swift unified unambiguous Disabled People’s Organisations service providers welfare groups people disability came together opposition Bill representing breadth depth concern sector [AFDO](#2026); People With Disability Australia (2026b). This collective response evidence that cuts were not developed genuinely consulted community would respond alarmingly. PWDA particularly vocal arguing these cuts will cause harm NDIS designed support represent fundamental breach Australian law.
National Disability Insurance Scheme Amendment
Submission: [NDIS Securing for Future Gen] - 2026 Page Number: [5]
What Community Participation Funding Makes Possible
To understand what is at stake, it’s necessary to consider what social,civic,and community-participation-funding actually enables. in lives-of-people-with-disability. Belonging-is-not-a-passive-state.It- is-the-sense of-being-valued-connected-member-of-one’s-community.-It-isactivelyconstructed-through-relationshi… supports are specifically designed-to-address.Without this funding-those-barriers-become-insurmountable-for-many. Hall-(2010)-similarly-found-that-spaces-of-social-inclusion-and-belongsfor people-with-intellectual disabilities-are not-naturally occurring,-they-must-be-deliberately-createdand sustained.Community-program-access-funded through-the-ndis represent-exactly these kinds-of spaces:-structured-supported-environments in which-peoplewithdisabilitycan-build relationships-develop-skills and experience genuine inclusion.Hall’s earlier work (2005) further demonstrated that the geographiesof exclusion-andinclusiof-personswith disability-are-deeply entangled.Exclusion-from communityspaces-produces-compoundingsocial disadvantagethat-is-difficult to-reverse once entrenched.A 50%-cuttothe funding - thatsustainsthesespaces-risks preciselythis kindentrenchment.Marston-and Dee(2015)cautionsocialincluionpolicyinaustralia has often been-characterised by rhetorical-commitment without substantive structural change, describing it-as-a case-oldwine,new bottles.The-proposed-cuts-risk confirming this critique reducing social incluion-toa policy aspiration while systematically defunding mechanisms- makereal.RecommendationsThis submission respectfully puts following recommendations Senate Community Affairs Legislation Committee: Recommendation: Reject proposed cuts-socialecommunity participation-funding The committee should recommend Bill proceed with 50% reduction budget allocations for social civic and community-participation supports. cuts
National Disability Insurance Scheme Amendment
Submission 1590
are incompatible with Australia’s obligations under Articles 19 and 30 of the CRPD, contradict the goals of Australia’s Disability Strategy 2021–2031, and will cause serious and lasting harm to people with disability across Australia.
Recommendation 2 — Commission a human rights impact assessment Before any further legislative or budgetary changes to the NDIS are considered, the Government should be required to commission and publicly release an independenthuman rights impact assessment measuring the proposed changes againstAustralia’s obligations under the CRPD.Budget decisions that affect the rights ofpeople with disability must be assessed through a human rights lens, not apurely fiscal one.MellifontandSmith-Merry(2016)founds without rigorousimplementation planning groundedinrights-based frameworks,disability policyreforms risk producing outcomesthat contradict their stated intentions.Arisk thatis acutely present inthe current proposal.
Recommendation 3 – Ensure meaningful consultationwiththedisability community Any future reformtothenNDISmustbe developedingenuine partnership witheoplew ithdis abilityan dtheir representative organisationsconsistentwit hArticle4.3oftherCRPD.Consultationm ustb eaccessibleinclusive,andoccurat thee arliest stageso fpolicy developmentnotasapost-hoce xerciseafterdecisionshavealreadybeen made.The principle o
National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Bill 2026
Submission 1590
reduction to social, civic and community participation supports in the NDIS Amendment (Securing the NDIS for Future Generations) Bill 2026 directly cravenes these obligations and represents a serious regression in the rights of people with disability in Australia. As this submission has demonstrated, the consequences of these cuts will be profound and far-reaching. Belonging is not incidental to a good life; it is constitutive of one. The spaces and relationships through which people with intellectual disabilities experience belonging are fragile, hard-won, to consistent funded support Hall(2005: ; ) demonstrates that once geographies inclusion disrupted resulting exclusion compounds over time difficult reverse A cut participa funding does merely reduce community access It risks dismantling conditions belong itself some marginalised citizens Marston Dee warn that social inclusion too often been rhetorical commitment unmatched structural action proposed cuts risk confirming critique stark possible terms government ratified CRPD developed national strategy built insurance scheme cannot now cut supports make include real without being held account contradiction Budget decisions value-neutral reflect society believes members worth who deserves belong Senate Community Affairs Legislation Committee opportunity reject measure affirm Australia’s obligation people disability contingent fiscal convenience This submission urges Committee do so reaffirm person regardless disable right belongs References Australian Federation Disability Organisations AFDO Media release https://afdo.org.auAustralian Human Rights Commission Disability rights https://humanrights.gov.auAustralia's Strategy Department Social Services https://www.disabilitystrategy.gov.auBerghs Atkin Hatton Thomas Do disabled need stronger model social model human rights?Disability Society 34781034–1039https://doi org/10 .org/health gov auour work ndis legislation changes amendments NDIS Amendment Securing the NDIS for Future Generations Bill About Changes to NDIS https://www.health. gov-au/our-work/ndis-legislation-changes/amendments/ndis-amendment-securing-the-ndis-for-future-generations-bill-2026/about-the-changes-to-the-n-disDepartment Health, Disability and Ageing (2026b).Securing future of NDIS for future generations [Media release]. https://www.health.gouvau/ministers/the-hon-mark-butler-mp/media/securing-the-futur-e-of-the-ndis-for-future-generationsSubmission National Disability Insurance Scheme Amendment(SecuringtheNDISforFutureGenerations)Bill Page
National Disability Insurance Scheme Amendment
Submission: [National Disability Insurance Scheme Amendment] Securing the NDIS for Future Generations) Bill 2026
References
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- Hall E.(2005).
The entangled geographies social exclusion/inclusion people learning disabilties Health Place, [11(2)],**p.*
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- PeopleWithDisabilityAustralia NDIS legislative changes:PWDA statement <https://pwd.org.au/
- Simplican S C Leader G KosciulekJ Leahy M Defining social inclusion people intellectual developmental disabilties ecological model soc networks community participation Research Developm Disabilit * [**] , pp
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p.[****]***, p.p.*.› <https://doi.org/10.1111/jar.12469> - United Nations Convention on the Rights of Persons with Disabilities https://www.un.org/en/disabilities/convention-on-rights-of-personsWith-disabilities.html