Submission to the National Disability Insurance Scheme

Amendment (Securing the NDIS for Future Generations) Bill 2026

Attention:

Committee Secretary, Senate Standing Committee on Community Affairs

Submitted via email:community.affairs.sen@aph.gov.au

Date: May 29th Year: 2026

Key decisions left to ministerial instruments, not law

The issue:

• The Bill allows Ministers to change eligibility thresholds in Schedule I parts of the bill. The rule changes can happen through an instrument signed by ministers instead of going back to Parliament, since critical eligibility threshold rules haven’t been written yet.

National Disability Insurance Scheme Amendment Submission

As the full-time carer of a child with significant disability-related support needs, I am concerned that my daughter could be reassessed under more restrictive criteria and lose access to supports critical to her learning, development, safety and community participation. If her funding is reduced or her circumstances change, it’s essential we retain our right to seek re-assessment and have access to independent review processes ensuring decisions are fair based on individual needs. Recommendation: Require ‘no harm’ safeguard so no current participant loses access unless equivalent alternatives exist; ensure rights in exit decision & unscheduled assessments preserved.

Unreviewable ministerial power cut across all categories

The Minister reduces any group’s budget percentage through an instrument not challenged (Schedul ePart4). This applies universally. Funds won’t carry over at renewal(Schedule5). How this affects participants: Community involvement, capacity building, assistive tech funds can drop without warning, appeal lost; saving unspent high-cost items will end entirely. as sole parent/carer for complex disabilities relies heavily upon flexibility managing plan costs saving larger expenses when needed. The ability to reduce funding without appeals combined loss of carry-over funds creates uncertainty leaving daughter unable to receive necessary services/assessments/equipment therapies crucially impacting development/participation/well-being. Recommenda%on Require that unspent funds carryover at renewals for those planning high-costs require independent reviews before reductions take effect.

Requirement exhaust treatment options eligibility

A person with disability must use up treatments before Scheme eligibility assessed per Schedule8, a whole-person assessment removed replaced by single impairment consideration as outlined Sched 1 Part3.

National Disability Insurance Scheme Amendment Submission

previously acknowledged environmental factors and other ineligible impairments could affect support needs. How this affects participants: persons’ individual circumstances are no longer considered when accessing disability supports under Schedule 1 Part 3; as an example parent/carer concerned about treatment options before access, it’s important families should have their child’s complex disabilities assessed holistically rather than against one eligible condition alone; concerns include lack of available treatments and significant side effects which can make exhaustively treating conditions unfeasible.

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

Submission 2020

through a point-in-time assessment, and to ensure it is culturally appropriate for First Peoples with disability.

How this affects participants: 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 participant may be found ineligible or have their supports undercounted, with no guarantee the result reflects their actual experience.

As the parent and full-time carer of a child with complex and interacting disabilities, I have seen firsthand how her presentation can vary significantly depending on the environment, demands placed upon her and her level of anxiety. Any assessment tool used to determine eligibility, or support needs must accurately capture the full impact of her disability over time, not simply how she presents during a single assessment; otherwise there is significant risk essential supports will denied or underfunded.

Appropriate assessment critical because my daughter’s disability impacts many areas life—her needs are often obvious in one day. An assessment fails capturing cumulative effect autism ADHD intellectual disability anxiety communication difficulties real risks underestimate her support needs resulting reduced access required participate safely meaningfully daily life.

Recommendation: Do proceed ICAN functional capacity asessment unless validated identify all people with disability episodic fluctuations demonstrated cultural appropriateness First peoples with disability.

Supports cut before replacement system ready

The issue: From 1 October government announced funding for social civic community participation supports by per cent capacities building activities by percent participants reductions implemented through ministerial instrument power Schedule Part The Foundational Support System intended fill gap confirmed implementation date operational yet.

How this affects participants: Supports that help connect build skills maintain independence may be cut leaving greater responsibilities no additional support these helps stay visible connected safe.

National Disability Insurance Scheme Amendment Submission

For children like my daughter, community participation and capacity-building supports are not optional extras; they are essential supports that reduce social isolation, build functional skills and support long-term independence. Cutting these supports before Foundational Supports are fully operational risks leaving families to absorb the gap, increasing carer burden while reducing opportunities for children with disabilities to participate meaningfully in their communities.

My daughter is still young, and the supports she receives now help build her confidence and independence which reduces future support needs. Reducing such supports without alternatives available undermines years’ progress may ultimately increase costs both family’s disability system over time.

Recommenda%on: Require no reductions community participaion or capacity building take effect until Foundational Supports operate properly fund sufficiently demonstrate ability meet needs losing NDIS supports.

Thank you consideration, May 29nd 2026