Submission to Parliament

NDIS Amendment Bill - Concern 1: Proposed Definition of Functional Capacity Submitted by an Occupational Therapist · May 2026

Submission 1775

This is called masking. It is exhausting, it is invisible; and under the proposed definition\nmight make children appear as if they are functioning—possibly ineligible because their struggle does not show up within structured assessments conducted on single occasions.* For individuals with autism,* this issue isn’t a rare occurrence; it’s common practice* to assess them based solely upon how well they perform during such evaluations rather than considering aspects related directly impacting their lives outside these controlled environments.“A child who answers questions calmly at school may be unable to leave his bedroom two days later due to meltdowns or other forms of shutdowns caused by sensory overload” The recovery cost—the meltdown, parental labor—is often overlooked when assessing functional capacity using one-off tests like those described above** Many clients also have disabilities which can change significantly from day-to-day A singular assessment cannot capture all variations in condition For people whose support needs fluctuate episodically removing contextual factors could lead to an inaccurate picture being formed about what kind of assistance should actually be provided On good days where conditions might seem manageable permanently diminished access results In short: Removing context leads not only to distorted images but potentially dangerous consequences for safety accurate planning and long-term wellbeing especially among vulnerable participants involved in schemes designed around similar principles. **I urge you to consider my recommendations: 1 Redefine ‘functional’ so that environmental influences assistive technology informal supports behavioral regulation strategies fatigue sustainability over time are considered alongside observed performance. 2 Explicitly recognize masking fluctuations invisible disability Assessment processes must account presentations vary across settings times particularly autistic neurodivergent individuals.

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

Submission 1775

Require assessments to be conducted by qualified allied health professionals.

• Functional assessment in paediatric neurodevelopmental contexts requires specific clinical expertise. Assessor must understand what they are looking at when child holding it\ntogether.

Broaden the definition of function beyond observed performance. Assessments should\

explicitly measure safety sustainability, eal-world participation hidden effort required\nto maintain function—notjustwhatparticipantappearsdoinsinglesession.

Disabilitydoesnotoccurvacuum.Neithersfunctioning.Iworkchildrenlivesmadepossiblebysupports,routines,andpeoplewhoappearunderproposeddefinition.WhatIaskingissimpleassesspeopeliveactuallytheyappearwheneverythingthatmakeslifemanageablehasbeendeliberatelyremovedfromview.ThechildrenIworkwithdeserveasystemseesclearly.