Submission to the National Disability Insurance Scheme Amendment (Securing the NDIS

for Future Generations) Bill 2026 by Mornington Peninsula Human Rights Group

Attention: Committee Secretary, Senate Standing Committee on Community Affairs Submitted via email at community.affairs.sen@aph.gov.au - Date: May 28/5/26

We welcome this opportunity to submit a document regarding [the title mentioned above] about the National Disability Insurance Scheme Amendment.

This submission comes from us as local human rights advocates in the Mornington Peninsula who support people’s civil liberties related to disability issues outlined within CRPD which Australia has signed up.

National Disability Insurance Scheme Amendment

Submission 1857

Equality and non-discrimination

In order to promote equality and eliminate discrimination, States Parties shall take all appropriate steps to ensure that reasonable accommodation is provided.

Existing participants face narrower criteria and fewer rights to challenge decisions

The Bill changes the rules for existing NDIS participants and makes it harder to challenge some decisions about supports and funding. It restricts when you can request reassessment; removes review rights from automatic plan renewals; and makes funding reductions unreviewable [see Schedule 1 Parts 1 & 8]. Combined restrictions include those in parts related to re-assessments requests ([Part2]), automatic plans without reviews right([part-5])and unfavourably reviewed funding cuts([part4]). This results in narrowed access avenues for challenging support-related decisions among current participants who could potentially undergo stricter assessments if their circumstances or disability change. The recommendation: Require an ‘no harm’ safeguard ensuring no participant loses access unless equivalent alternatives are available with independent review before any exit decision and unscheduled reassessments preserved.

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

Submission 1857

that previously acknowledged environmental factors and other ineligible impairments could affect support needs will be removed (Schedule 1 Part 3). People with disability will need to prove their impairment cannot be treated before they access the NDIS. Once in the scheme, their supports will only be assessed against a single eligible impairment rather than their whole experience. A person’s individual circumstances will not be considered, including ability to pay for treatment, where they live or whether treatment is actually available to them. Recommendation: Do not proceed with a requirement to exhaust “appropriate treatment” options – there are no safeguarding measures around participant harm due to side effects or complications, a participant’s financial ability to pay, or their geographic capacity to access treatments.

Issue 6: Unvalidated functional capacity assessment tool risks misidentifying need The Bill shifts assessment from whole-of-person consideration to a single eligible impairment (Schedule 1 Part 3). Read together with the eligibility thresholds in Parts 8 and 9, the tool used to conduct functional capacity assessments must be capable of sufficiently identifying whether a person meets the threshold for that single impairment.The named assessment tool is the Instrument for Classification and Assessment of Support Needs (I-CAN). I-CAN requires validation to ensure it will sufficiently identify the needs of all people with disability, including those whose needs may be fluctuating or episodic and may not be captured through a point-in-time assessment, and to ensure it is culturally appropriate for First Peoples with disability.If the assessment tool does not accurately capture the full extent of a person’s disability,

including needs that fluctuate or vary over time,a participantmaybe found ineligibleor have their supports undercountedwithno guarantee theresultreflectstheiractual experience.Recommendation: Donotproceedwi thIC ANasthefunctionalcapacityassessmenttool unlessit has been demonstrably validatedto identif ytheneedsofallpeoplew ithdisabilityincludingthose withepisod icorf luctu ating disabilit,yand demonstrated tobe culturallyappropriateforFirstPeopleswit hdisablety.

Article 19: Living Independently and being included in the community “States Parties totheadent Conventionrecognizetheequalrightofofllpersons w i t hdisabilities tolivein themcommunity ,withchoices equaltoothers,and shall take effective anda ppropriatemeasures totafacilitatefullenjoymentby persons wi th disabilities o f this right an d their fu ll inclusionan dp articipation int he communit y”

Issue7 : Supports cut before replacement system ist ready The issue: From October206,thesovernmenthasannounced funding for social,civicanda ndmunity participationsupports will becut by5 per cent a n capacity building daily activitiesb ypercentforallparticipantsreductions thatwill b e implemented through then ministerial instrument powerinschedule Part4. ThetFoundationalSupportsystemintended to fillthatgaphass noconfirmedimplementationdatea nd isnotyet operational.Supporthst help participants connect withtheircommun ity,b uild skillsamaintain independence maybe cutbefore anythingexists toreplacet hemleaving carers afamilies

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

Submission 1857

with greater responsibilities and no additional support. These supports are often what help to keep them visible, connected and safe.

Recommendation: Require that no reductions in community involvement programs be made before Foundational Support Services become completely functional, sufficiently financed, and proven capable enough to cater effectively towards individuals losing their current NDIS assistance.