Concerns regarding the redefinition of functional capacity impacting social participation

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

Submission 2125

To: Committee Secretary, Community Affairs, Legislation Committee Re: Inquiry into the National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations0 Bill 2026

Dear Committee Secretary

This submission, while it acknowledges and applauds the proposed amendments that aim to stop or reduce price rorting, and over servicing, is concerned primarily with the proposed redefinition of functional capacity.

I have a niece, now 40 years old, who was diagnosed with autism in her early 20’s. She lived at home until about 3 years ago and has been employed (part time) for a good deal of her adult life, although not at present. What she could not do was to organise a social life for herself, despite being an outgoing social person, who needs a social life to be happy and mentally functionally (as indeed we all do). The outcome was that she became increasingly withdrawn, and depressed as she got older.

NDIS changed that. The main service she uses organises her into a social group, which provides her with a place to hang out, to go on excursions a few times a month, and to get to have a group of friends. The transformation in her when this commenced was remarkable. The agency also provide her with a supportive sounding board that help her to navigate life and have been instrumental in helping her eventually establishing herself in her own unit, and assisting and encouraging her with gaining employment. Her time with the group is now key to her maintaining a useful and meaningful life.

My fear is that, in defining functional capacity, it will be limited to physical capacity only. She would be seen as a person who can manage the practicalities of her existence – house, money, health. But she can’t organise her own social life, and without her current NDIS support, I would have grave fears for her ongoing mental health and happiness. And while I appreciate you need to contain costs, if her assistance was removed, I can assure you the government will end up paying in the health budget for both her and people like me and her family who would be very distressed to see her withdraw into herself again.

Please do not limit the definition of functional capacity to physical capacity only. For people with autism who often struggle to quite get how the rest of the world relates, the ability to be able to have your own little mob to hang out with, and a place where you can be just yourself without judgement, is priceless. To remove this service from her would be as disabling as removing a wheelchair from a person with a physical disability.

The NDIS was such an innovative idea; please keep hold of the original good intent while you redesign it to rein in unnecessary costs and over servicing.