Concerns regarding functional capacity reassessments and automated decision-making for sons with rare neurological conditions (Family or carer experience)

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

Submission 1817 - Supplementary Submission

Submission to the Senate Community Affairs Committee

NDIS Future Generations Bill 2026

My name is redacted . I am a Fellow of the Royal Australasian College of Surgeons and currently practise as a consultant general, endocrine and breast oncoplastic surgeon. I live with Sydney wife four sons two whom profound lifelong disabilities.

My sons cerebellar hypoplasia rare neurological condition Quadriplegic Ataxic Cerebral Palsy autism level severe intellectual disability speech impairment sensory processing difficulties significant motor impairments Their disabilities affect every aspect daily life require ongoing support therapy specialised equipment supervision advocacy.I writing express concerns regarding several aspects proposed NDIS Future Generations Bill particularly:

  • The proposed functional capacity reassessments from onward, tougher reassessment processes reduced review rights,the proposed requirement participants undertake all appropriate treatments before considered permanent,and increased reliance automated decision-making processes.As both parent medical specialist understand importance evidence-baseddecision making.However also limitations assessments classifications standardisedprocesses applied complex human situations.Disability highly individual.Even within same diagnosis people can vastly different strengths challengessupport requirements.This something see day own family.My two sons share same rareneurological diagnosis yet disabilities them differently their needs differ abilities strategies help one child not always effective other. This experience makes concerned about system relies heavily broaddisability categoriesstandardisedassessments orautomated processesthetermine supportneeds.One primary concern relates to the futurefunctionalcapacityreassessment.Functional assessmentsprovide useful information but only capture snapshot person’s circumstances particular point time do not years oftherapy intervention, support andfamily commitment behind progress. Over many years watched my sons achieve milestones families take granted Skills such communication mobility emotional regulation community participation required enormous effort persistence supports were available.There real risk that may interpreted as need in fact often evidence works exactly intended.

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

Submission 1817 - Supplementary Submission

I am also concerned about proposals that make reassessments more difficult to challenge while reducing review rights. As a medical practitioner, I believe it is important that significant decisions affecting a person’s future remain subject to appropriate review processes. No assessment process is perfect; no report can fully capture the reality of living with disability. Families must retain meaningful opportunities to seek review when decisions fail to accurately reflect their circumstances. The proposed requirement that participants undertake all “appropriate treatments” before a disability can be considered permanent is another area of concern.” as a medical professional, it risks creating significant uncertainty people living rare lifelong conditions. My Sons have cerebellar hypoplasia there currently treatment reverse cure condition Therapies essential because they maximise function communication participation quality life They not curative families should continually prove exhausted every possible intervention order establish lifelong disability remains lifelong This particularly problematic rare conditions where evidence limited Treatment pathways unclear clinical opinions may differ equally concerned increased reliance automated decision-making Throughout my career learned people rarely fit predetermined categories Clinical practice reminds us individuals same diagnosis completely different experiences outcomes The principle applies in disability Decisions affect independence participate education and quality Life should algorithms or systems People deserve individual consideration transparency meaningfull avenues Review would ask Committee consider broader benefits NDIS provides families communities My work frequently requires spend time away home providing specialist surgical services including regional rural areas workforce shortages often significant Like many parents children disabilities wife developed family structure allows balance caring responsibilities employment supports funded through play critical role maintaining As practitioner it’s essential focus patients under care becomes significantly more difficult if I am concerned own children receiving support require wife carrying unsustainable burden at home. NDIS does simply support the individual participant It supports families enables parents remain workforce contribute to their communities continue provide valuable services others In case our benefits extend well beyond direct supports received by sons Stability created those supports me continuing for patient, allow wife primary carer maintain wellbeing entire family other two children.

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

Submission 1817 - Supplementary Submission

The NDIS has had a profound positive impact on our family. It has enabled our sons to communicate, participate, learn and engage with the world in ways that may not otherwise have been possible. I understand the importance of ensuring the Scheme remains sustainable for future generations. However, sustainability should not come at the expense of individualized decision-making, procedural fairness and appropriate safeguards for people living with disability.

I respectfully ask the Committee to recommend that:

  • Functional assessments remain only one component of a broader individualised assessment process;
  • Review and appeal rights remain meaningful and accessible;
  • The proposed “all appropriate treatments” requirement be reconsidered, particularly for rare and lifelong conditions;
  • Automated decision-making processes never replace genuine human assessment and oversight. The decisions made through this legislation will have real consequences for real families.IasktheCommitteetoensurethatfuturereformspreservetheadividualisedandperson-centredprinciplesthathavebeenfundamentaltothesuccessofthenNDIS.Thankyouforconsideringsmysubmission.FRACSConsultantGeneralEndocrine&BreastOncoplasticSurgeon