Submission for National Disability Insurance Scheme Amendment

(Securing the NDIS for Future Generations) Bill 2026: Submission

To: Senate and Community Affairs Legislation Committee,

I am an occupational therapist who has been working in the disability sector for 15 years. Currently I work as part of small private practice consisting mainly from allied health professionals including: occupational therapists,speech pathologists ,social worker support workers therapy assistants . We service predominantly children ASD ADHD GDD other disabilities Western South Sydney however also provide services many young adults intellectual disability ASD other disabilities previously worked Ageing Disability Home Care ADHC which provided state funded disability services NSW have seen benefits providing choice control participants increased accessibility Allied Health Services result transition into NDIS whilst acknowledge importance sustainability scheme deeply concerned new legislation proposed implications people disabilities families majority hardworking allied health professionals key workers currently supporting community believe NDIS bill direct opposition foundational principles outlined ACT to Support People With Disability achieve goals Facilitate Choice Control Participants Provide reasonable necessary supports based on individual needs In particular my concerns Proposed NDIS Bill are The proposed definition functional capacity Schedule -9B As Occupational Therapist trained holistic care environmental factors considered essential determining individuals Functional Capacity Assessment without consideration required (e.g. assistive technology, support systems environment barriers ) will inaccurate assessment Individuals’ support needs Furthermore fluctuate change depending environments they’re assessed child poor gross motor skills due neurological condition appear mobilise independently when level access However actually unable participate age appropriate gross motor play daily activities assess within school or context e g need physical assistance walk stairs climb playground equipment Moreover executive functioning impairments may mask their disability present inconsistently in daily

National Disability Insurance Scheme Amendment

Submission: Submission-1820

activities which may not be picked up in a one-off assessment with an assessor without appropriate clinical qualifications. Without a comprehensive assessment of a person’s functional capacity within their current environments, hereisincreased risksofpeoplewithdisabilitiesnotbeingprovidedwitthe adequate supportthey require.

Recommendation:

it ist recommendedthatsection9Bisan amendedtosurethefunctionalcapacityo fanindividualisasessedwithintheirreal-worldenvironmentalcontext,and considerstheadministrativebarriers,assistivetecnology,supportsystems,cumulativeimpactofmultipledisabilitiesthendecreasingconditionsofindividuals witpermanentlylongtermconditions.

• The proposal alternativesupports(Schedule - Theproposalsstricter permanence testwhereparticipantsarerequiredtotryandtake“allappropriate treatment”regardlessoffinancial barriers,geographicallocationoraparticipant’s capabilitytoaccesstreatmentisdiscriminatorianatureandondoesno provide equitable accessforpeopletonDIS.Thiswouldreduceaccess for peoplewholiveinaruralorteremoteareas,andthosewitheversocioeconomic backgrounds.AsaprovideriWesternSydneyandsouthwestern Sydney,t here is alargerpopulation of peoplerefromlower socioeconomicbackgroundswhoalready limited accesstoallyedhealthservices.Thissrequirementforpeopletotake “alloppropriatetreatments” wouldcreateinequitableaccessforeople in thisarea whodon’thave thefinancialmeansoreven capacity to accesseattreatmentduetolower incomehouseholdsandreduced family support systemsasmanyaremigrants.Furthermore,it raises concernsforthearonomyfpeopletochoose anddecidetreatment fortheirownbody.Peoplewith disabilitiesshould retain therighttor efusetreatmentasitistheir bodyantheirchoice.

Recommendation:

it ist recommendedthatsection25Bisan amendedtosothatexclusions shouldonlyapply where alternativesupports areavailable, accessible imely eculturallysafe within their geographic financial means.

• Automationandalgorithmicdecisionmaking(Schedule 3:ThisnewBillproposes increasedautomated decision-makingwithout sufficient transparency, human oversightorrightforindividualstotrequest an appeal.People withdisabilitiescan varyintheirpresentationandalternateonaday-to-daybasis.Assessmentofani ndividual’sneedrequiresnuancedclinicaljudgementandholisticmethodologies.Itisconcerning that ani ndividual’ s needs willbe based on algorithmthatisdoesnot capturefluctuating disability,theire nvironmentalbarriers,cumulativeimpact of multiple disabilitiesthepsychosocialneedsorthecomunicationneeds.Thisplaces peoplewitheability at risko notbeingprovidedwit theappropriate supports they needandas aresultleadingto neglect,hospitalisation,institutionalismonmental healthcrisis.

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

Submission 1820

Recommendation:

Provide full transparency of algorithms, methodologies and criteria in how eligibility and funding decisions are made. Prohibit fully automated systems and ensure all decisions are reviewed by humans, with independent audits,and legislation around the transparency on algorithms and eligibility and funding processes. The proposed Bill requires substantial time for reconsiderationand amendm entin orderto providepeople wit hdisabilitieswit hsaf eandequit ableaccesstosuppor tstheyneed.Furtherconsultationisrequiredw iththe disabilit ycommunity anda lli edhealthprofessionalswhoworkinthissector.Thankyouforreadingthissubmission.