NDIA Accountability Project

This project is in DRAFT

Concerns regarding the impact of NDIS Amendment Bill on Aboriginal and Torres Strait Islander people with disability (Provider advocacy)

‹ PrevPage 1 of 11 · Source p. 1Next ›

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

Submission 1734

Indigenous Allied Health Australia

Submission

Senate Standing Committees on Community Affairs - Inquiry\ninto the National Disability Insurance Scheme Amendment\n(Securing the NDIS for Future Generations) Bill 2026. June 2026 Contact:\npaul gibson, Chief operating officer

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

Submission 1734

Acknowledgement

Indigenous Allied health Australia (IAHA) acknowledges the Traditional Custodians of the lands and waters throughout Australia. We pay respect to Elders past and present. We recognise Aboriginal and Torres Strait Islander peoples’ continuing connection to Country and Island Home. We acknowledge that sovereignty was never ceded.

About IAHA

IAHA welcomes the opportunity to contribute to the Inquiry into the National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Bill 2026 (NDIS Amendment Bill). IAHA is a national not-for-profit, community controlled and member-based Aboriginal and Torres Strait Islander allied health organisation with approximately 2,300 members across Australia. IAHA members play an integral role in reforming and transforming systems, and improving health and wellbeing outcomes, working with and for Aboriginal and Torres Strait Islander people, including those living with disability. IAHA was established in 2009 by the Aboriginal and Torres Strait Islander workforce as an act of self-determination with a vision of supporting and empowering the current and future workforce. A founding motivation was to reduce isolation experienced by Aboriginal and Torres Strait Islander allied health workers and provide culturally safe communities which reduces racism – both interpersonal systemic while also embedding ways within practice. The remains essential goal ensuring can respond needs Aboriginal Torres Strait Islanders people their families broader community.

Introduction

IAHA acknowledges need ensure sustainability however we are concerned several elements this Bill accompanying lack detail There legitimate concerns proposed reforms will have disproportionate negative impact on Aboriginal Torres Strait Islands people disabilities family communities already underserviced under arrangements further entrench inequity.IAHA notes that timeframe public consultation incredibly short In our view consistent best practice accessible process Aboriginal Torres Strait Islanders people or support them Further included National Reconciliation Week Sorry Day context provides Committee relating high-level principles concern NDIS Amendment Bill IAHAs recommendations regarding important work consist reaffirm existing Australian Government commitments respect following:

  • United Nations Declaration Rights Indigenous Peoples (UNDRIP)
  • Convention Right Persons Disability CRPD disability Sector Strengthening Plan NDIS First Nations Strategy 2025 - 2030

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

Submission 1734

  • The Royal Commission into Violence, Abuse Neglect and Exploitation of People with Disabilities.
  • Independent Review on the National Disability Insurance Scheme.“

The Committee is encouraged to consider these commitments in order that needs be appropriately addressed through genuine co-design involving Indigenous people and communities health wellbeing peaks allied peak bodies community controlled sector representatives before any further steps are taken Our other recommendations set out minimum changes required address acute risks identified IAHA’s submission sits within broader landscape Aboriginal Torres Strait Islanders expert evidence being brought this Inquiry We encourage consideration our submissions together body Aboriginal Torres Strait Islands speaking collectively impact NDIS Amendment Bill peoples disability scale reform considered consistent Australia obligations under Agreement Closing Gap United Nations Declaration Rights Peoples Convention Persons Disability IAHANotes leadership First Peoples Disability Network (FPDN) disability sector endorsed FPDN’s submission committee NDIS Amendment Bill Discussion Timeframe Understand importance urgency ensuring long-term sustainability NDIS Support fiscally responsible approach Concerned however timeframes for consultation NDIS Amendment Bill too short support fulsome public discussion ensure rights-based culturally safe approach Aboriginal Torres Strait Islander allies workforce Australian Government Guide Policy Impact Analysis provides 30 days possible Recommendation Extend timeframe Consultation NDIS Amendment Bill“

Human Rights and Cultural Safety

In our view, human rights and cultural safety are inextricably intertwined. For Aboriginal and Torres Strait Islander people, culture is healing and health promoting; and Aboriginal and Torres Strait Islander people w ith disability require culturally safe and holistic supports \nservices\nto achieve an d maintain optimal he alth nd wellbeing . This was acknowledged b ythe Disability Royal Commission
an d i s consistent w it h understandings undera social model o fdisabilit y.Incorporating t he cultur aldeterminantsofhealth ,acknowledges that stronger connections tcultu rean d community,andCountry/IslandHome,b uildsresilience,s elf-esteemands trongeri ndividualancollectiveidentities.“^{1} Aboriginal a n dtor esStraitI slanderpeoplewith disabilityexperienceintersectional disadvantageoccurringincontextocolonisation,d opossession,racismintergenerationaltraumaandcomplex,int ersecting support needsthatarenotadequately metbymostinstitutionalf rameworksand policies.Abo rtainalandTor resS tratIsl anderpeop leexperienc echron icdiseaseat substantiallyhigher rates than the broader Australian population,a nd chronic disease frequently co-occurs with disab ility in ways th at complicate both NDIS eligibility determinationsandongoing plan adequacy. TheNDISReformsImpactAnalysis(Impact Analysis)attachedtoExplanatoryMemorandum tothen D ISAmendmentBill acknowledgestha “First Nations Australians are more likelyt experience chronic diseas due to cumulative impacts of historical, socia l andsystemic inequalities”—yetseveraltheN DISA m endmentB ill’sprovisionsa relikelytodisadvantage Aboriginal an d Torres Strait Islander peoplew ithdisability.Indeed,the Impact Analys further acknowledged that t he changes tonD ISIS have then potential taffect certain Closingth Gap outcomes“, yethe Bill does not appear\nt o contain any mechanisms tom onitor ,reportono mitigate this risk .C ultural safety must be understood as a system-level obligation, embedded through funding modelscommission ing regulatory settingsworkforce developmentan dac count abilitymechanisms.The United Nation sDeclarationon therightsofIndigenousPeoples(UNDRIP)a n dt h Conventionone righ tspeoplewithDisabilit y(CRP D)c larly providethat respectfor culture is central tore specting the human rights Aborigina ndTorresStraitIslanderpeop le with disability.Relevant ly,Priority 9ot heAboriginaland Tor esS tratI slanderHealthPlan201-31demandsaccessto person-centredfamilycentric care.Further,Objective provides: improve access to responsive healthcare for peopl e w i th disab ity Innovative culturally safe disability service modelsmust besuppor ted atthe local levelt increase accessto disbility services.AllhealthservicesincludingACCHSm ustbeequippedtoprovide appropriate car f or peoplew ithdis abilit This includes ensuringappropriate physicalac ess, equipmentfacilities and staff training.Theremustalsobe arightsbased an d strengths-based approach t respond ton uniqueintersectionalexperiences of Aboriginala nt Torres Strait Islanderp eo plewit ha ddibility.“^{2} Further,due onggoing impacts far-reaching effects o coloisationas well as increasingexperien cesracismdevelopment strong relationship withealthan db iditycar providerscan often take very long time develop fo rAbo rtainalandT oresSt ratIsl anderpeople\nSee Aged Care Actfor reference Country Isla n Homef ore Aborigina ndTorresStratIslanderpeop le. Department Health( )National Aboriginal a ndTo ress Strai Isl anderHe alth Plan 20 -61. Page4ofll

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

Submission 1734

and communities. Frequently, this requires the assistance of, if not direct provision of services by, the Aboriginal and Torres Strait Islander workforce. The NDIS Amendment Bill does not provide any flexibility to ensure that systems of care that are effective remain in place.Nor does the NDIS Amendment Bill anticipate impacts on the much-needed Aboriginal and Torres Strait Islander work force. IAHA is concerned therefore, t hattheNDISAmendmentBilldoesnotensurecultural safet yfor Aborigina l an dTorresStraitIslander peoplean dc ommunities.Inth eabsenceofane xplicit focuson ensuringtheneedso fAbo rigi na n dt or es Str at I sl a nd er peopl ew ithdisabilityaremet,itislikelythat there will be ana ccreasedando ngongd etrimental impactona bo riginala nt dTo re sS tra it Is land era rt i ci pants.S uchanaoutcome wouldbe inconsistentwithinternationalobligation aswellastheNationalAgreementono nclosingTheGap .In our view,the risk oft he reformsreducing A bori ginal ant Tor res StraitI slanderpeop le’saccessto culturallysafedisabilitysupportsis disproportio nal lyhigh.W ea ls ookunderstandtha tdetaile danalysis oftheadimpactot hteN DIS Am endmentB illo nAboriginalantT oresStra t Isl anderpeoplehasno th appened.

Recommendations

  • To ensure safety and wellbeing, anda demostrat e commitm ent to the rights of Aboriginaland Torres Strait Islander peoples with disability, implement safeguards toensurethere isnotareductionincurrentNDISsupportsfor Aborigina l an dTorresStraitIslander participantsuntil atleastequivalent supports are in place.
  • Conductanimpactanalysis o fthe NDISAmendmentBillonAbo rigi na lan dt or es Str at I sl a nd er peoplew ithdisability ,ledanda informedbyaborigina l ante r osSt ra itsl a nder expertise toensur ee holistic. The Aboriginala ntTo re sS tra it Is land era lliedHealthWorkforce The Aboriginalanta nd T ore ss St ratIslanderall i edhealthwork forceiscen traltoa functional ND IS antoto ensuring A bo ri ginal ana nd Tor res StraitI sla n derpeopl ew ithd isabilitie sreceiveathe careandsupporthey needfo ro ptimal healthawndwellbeing .The all ie h workf ou rstprovidesabroadrangeofservic esa ndsuppo rtstoa boriginalantT oresStraitsla nderpeoplewith dis abilit y,includingunderth en DIS.The alliedh ealthwor k fo rcanc on ductfunctionalassessments toinformeligibility determinations,p repare theevidencethat supportsplan developmentandreview,d elivers th ecapacitybuildingsupports—ther apies,reablement,skilldevelopment—thatgiveparticip ants genuineagencyovertheir own lives.Alliedhe al t assistantscan coordinatecare,liaise withfamily andcarersan dsupportthe personwit he stherapyprogram.Fors ome communitiesanda nd fam ilies,theAborigina l an dTorresStraitIslanderalledhea lt hw ork f oun my be primary,m ostcontinues ,oronlyculturallysafe heal therel atedservice.Insuchinstances, thead qual ity anda ntinuity ofthose relationshipshave im measurableimpactsonparticipantoutcomes. Abo rigi na lan dt ore ss Stra itsl andercommunitycontrolledorganisatio ns antdha lleathworkforce rountine lyprovideunfundecultural safetysuppor tf unctions suchasrelationship buildingw ithf amilies,w raparoundsupportacrosshealthdisabilitya ndagedca re,c ulturalnavigation Page5of11

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

Submission 1734

Recommendation

That the Committee consider the impact of the NDIS Amendment Bill on the Aboriginal and Torres Strait Islander allied health workforce and recommends direct action to grow and support the Aboriginal and Torres Strait Islander disability workforce.

Regulation of the NDIS workforce

We note that amendments provide registration provisions under the NDIS scheme but all NDIS providers must also require culturally safe services from their staff across levels within a sector with commitment through continuing education and lifelong learning towards developing systems processes supporting service delivery provision effectively while ensuring ongoing training is provided at high quality standards such as those outlined IAHA’s Cultural Responsiveness Training which has been highly regarded among professional associations and government bodies alike.

National Disability Insurance Scheme Amendment

Submission 1734 We draw the Committee’s attention to the application of Priority Reform Two of the National Agreement on Closing the Gap: building the community controlled sector. Provider registration must be carefully designed for Aboriginal and Torres Strait Islander communities, to ensure that they are supported during provider withdrawal from market. The recommendation includes:

  • Target grants for business start-up; incentives expanding primary healthcare; cost reduction across systems; support clinical supervision & professional development allowances; promoting role viability among allied health assistants. Recommendation requires providers undertaking cultural safety training before providing services.

Cultural Validation – assessments, tools and automated decisions

NDIS tools, assessment processes and automated decision-making systems must be informed and validated for cultural safety by Aboriginal and Torres Strait Islander people with disability. IAHA is concerned by the intended introduction of automated decision-making. All Automated decision systems are trained on existing data, which may be more likely to reproduce those patterns, at scale. This can include being based on a system that is not necessarily culturally safe, contains racial biases, or does not consider the importance of cultural safety for Aboriginal and Torres Strait Islander peoples with disabilit y . Similarly , assess ment tool s ar e designed an d dep loy ed under ‘ norms ’and worldviews n ot aligned w ith Aborigi nalan d Torre s Stra it Is lan der pe ople’s lives,n ee dsa nd aspir ations,l imit ingthe ir appl icationane ffectiv en ess.W i thout appropriate workforce anda public education,inclu dingwith respectto allied health services,and their diverse roles,effectivenessande impact,p eo ple will continue t obe underserviced.T hisisconcerning within abroader contextof financial sustainabilityanda very pub lic intentt oc ontain NDIS expenditure,withe re -des ign ana pplicationo ft hese tools,t he ntential ly further constraining access tot eh holistic,m ultidisciplin ary carethat participants should expect.A ssessmenttoolsando processesmustalsobe informedbyana validatedfor cultur al safet y.Byway example,the followingare twovalidatedtoolsf orAboriginalantorresStraitIslanderpeople, developed byth UniversityOf WesternAustralia:

  • Kimberley Indigenous Cognitive Assessment (KICA) – a cognitive screening to l validat ed for Aboriginal and Torres Strait Islander people Good Spirit Good Life(GSGL ) assessment framework,validated fo r older Abo rigina l Australians , aged 45 yearsand over. Any automation must also be governedb y atransparent legalframework an d provide assurances that safety mechanisms are in place,n oting trustan dprior experiences. This includes withrespect to ‘Robodebt’ anthe findings of the Royal Commission intothe Rob ode bt Scheme warrant consideration.

Recommendation Ensure allassessmentprocesses,tools anda utom ated decision-making systemsa ren independently culturallyv ali dated b Aborigi nal ante rs Stra it Is lan der pe op le .A futher aspectof concern isIndigenous Data Sovereignty.The National Agreement on Closing th e Gap’s Priority Reform Fourestablishsthat Aborigin alan d Torre s Strai t I slanderpeop les have arightto access,and controlover,data about themselvesanda nd their communities.T he automateddecision-

making frameworkinthen D IS Amendment Bill willpresumetoinvolvet h elargescalecollection, analysis,a n da lgorithmic processingod ataaboutAboriginalant orresStraitIslanderparticipants.Thereisnoclearreference to IndigenousDataSo ver eigntyprinciples,o ranynorequirementthat data governance arrangementsbe developed inp artnershipwith Aboriginal and Torres Strait Islander people,andonewithoutanymechanismfor Abo rigina l a nt ore rS tra i tsI sla n de rp eo plecommunitiesorp e akbodiest oaccesstheadatabeingusedtomake decisionsab outAb origin al ant oresSt ra itsIsl an dre pople.

National Disability Insurance Scheme Amendment Bill

Submission 1734

Plan Suspension and Revocation

The NDIS Amendment Bill allows for the suspension or revocation of participant’s plan if contact within days. We concern approach inconsistent human rights:

  • right culture tradition, sorry business ceremony term hospitalisation acute illness social emotional wellbeing issues physical psychosocial periods ill incapacity family carers support communication with neglect geographic barriers unreliable telecommunications seasonal disruptions mobile transient communities incarceration levels people disability. The should therefore threshold appropriate governance decision making respect revocation plans culturally approaches communication participants families ownership onus system staff practices behaviours resourcing trusted partners involved coordination low barrier recommencement re-entry following suspension.

Recommendation

That reforms NDIS include built mechanisms require consideration flexibility Aboriginal Torres Strait Islanders disabled persons. Requirements to undertake “appropriate treatment” IAHA deeply concerned new requirement person undertaking all “treatment eligible NDIS.” Concern numerous reasons why may not meet this requirements, these cultural personal belief systems access services including safe responsive workforce shortages particularly allied health cost medical other treatments transport related considerations.

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

Submission 1734

We are concerned that this requirement creates a system that is structurally inaccessible to those with the greatest need, and only accessible by those with the financial means and support systems required to enable access. This is inconsistent with Australia’s obligations under the CRPD and UNDRIP. It is also inconsistent with the National Agreement on Closing the Gap.

Recommendations

  • Ensure that eligibility provisions do not embed structural and systemic inequity
  • Ensure that eligibility requirements are consistent with commitments to the National\nAgreement on Closing the Gap and human rights.

Decision-making and cultural safety

IAHA is concerned by the broad volume of decisions and powers provided in the NDIS Amendment Bill \nthat are not subject to parliamentary scrutiny. While we recognise this can be necessary, powers that
can reduce or impact human rights and further systemic inequity are a grave concern. Further, given the significance of cultural safety to ensure Aboriginal and Torres Strait Islander people\nw ith disability can fairly and equitably access the NDIS, there needs to be a mechanism to ensure the needs of Aboriginal and Torres Strait Islander people are considered and appropriately consulted in the development of delegated legislation and decision-making parameters.

Recommendation

Establish a legislative mechanism with Aboriginal and Torres Strait Islander leadership to ensure delegated legislation and other decision-making parameters are culturally safe.

Informal Supports

In many Aboriginal and Torres Strait Islander communities,caring responsibilitiesare distributed across ext{ extended kinship networks}. Grandparents,auntiesand uncles ,older siblings,and community members may all contributetothecareofa personwithdisability as anatural expressiono fcultural care.commitment andre sponsibility .This networkisastrength.as recognisedbytheseminal workb y First Peoples Disability Network anda nd Professor Scott Averyin Culturei snclusion: aanarrative o f Aborigina lant dTorres Stra itIslander peopl ewith disabilit y.It isalso aneworkthat ist alreadystretched by simultaneously supporting multiple familymemberswit hchronicillness.dis ability.agedcareneeds.,\nt he socialande motionalwellbeingimpactsointergenerationaltraumaarisingbecauseof colonisationandsystemricism.We ar econcerned that intentionalanda nstructuredover-reliance on informal supports can have adisproportionateimpactonAboriginal antd TorreS Strai tI slander people \tandcommunities,if not appropriatelysupportedan dv a lued

Recommendations Rulesando policiesrelating toinformalsupportsmust besubjecttot:

  • Co-design withAboriginal and Torres Strait Islanderpeople.communitesas well ash el th and wellbeing peak organisations.

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

Submission 1734

  • A mandatory review cycle, with public reporting of outcomes disaggregated by participant Indigenous status and remoteness category.

Reduction in Social, Civic and Community Participation

The proposed reduction in Social, Civic and Community Participation (SCCP) Support risk having a significant impact on Aboriginal and Torres Strait Islander people with disability, in the absence of established alternatives. The SCCP provides valuable and necessary supports, particularly to those who may be isolated. The SCCP can support the social connection that is required for Aboriginal and Torres Strait Islander social and emotional wellbeing. We are concerned that reductions to SCCPs risks increasing social and cultural isolation and disengagement, reducing quality of life for participants. In some communities there may be very few alternatives. For instance, in very remote or smaller regions where service providers visit cyclically due to limited availability under new funding mechanisms like the ‘Inclusive Communities Fund’, this could lead to increased isolation among these vulnerable groups without culturally safe alternative services being available immediately after such changes have been implemented.