Submission to the National Disability Insurance Scheme Amendment
Securing the NDIS for Future Generations)
Bill2026 Submission_2222 Cheeky Monkeys Occupational Therapy for Children Shop 2/ 199 Pacific Highway Charlestown Email:kim@cheekymonkeyso_t.com Mobile_: 0___4____7__ 0________3____________2____________ ______ Website : www . cheek ymon key so t.co m.au
Attention:
Committee Secretary , Senate Standing Committee on Community Affairs
Submitted_by_email :
community . affairs.sen @aph.gov.a u Date : May 30 , 2026 I welcome_the_opportunity_to_make_a_submission_to_the_Senate_Standing_Committee_on_Community_Affairs_about_the_National_Disability_Insurance_Scheme_Amendment(Securing_the_NDIS_for_Future_Genera-tions)Bil l.2026. I am a ND IS_provider, running a small sole trader occupational therapy business providing direct sup-ports_to_families_and_children. I want_outline_th e_harm_this_Amend ment_Bill_w ill_cause_if_it_passes_Parliament. This Bill_is too far-reaching to pass_as it_stands.I believe the Bil I_requires further scrutiny and amendment_before_its_pro-cceed s._ P arliam entary Scrutiny and_Transparency The_consultation_period forthe Amendment_B ill is two_weeks,whichis insufficient_t o_allow_for appro-priate consultation_con sidering accessibility_an d_communication_needs.The Australian Government Guide_to Policy_Impact_Analysis_saysconsult ation should occurforaminimum_of_ 3____o_ days_where possi-b le . The government’s own policy guidelines confirm that consultat ion_MUST_be_made_with_all_parties_for_minimum period of 30_days.T he_two-week_timeline we_have_received does_not allow sufficient consul -tati on_time , especially given_that_manyoftheproposed_new_policies such as Thriving_Kids have not yet been writtento ensure INFORMED consulta tion_occurs_. Recommendation: Amend_the_consul tation_period_for_a_best_practice minimum_of ___ __3_____days. Key_decisions_left_to_ministerial_instruments,not_l aw The_issue:TheBill allows Ministers_change who_gets_NDIS_support(Schedule1Parts8_and9)an d_how much_funding_people_receive (ScheduleI Part4; Schedule3)by_sign ing an instrument_without going_back to Parliament. Th e_rules_that_will_determine_critical eligibility_threshold s(Schedu l_e _ I_Parts _, 8 and 9 )have_n ot_yet_been_written.
Submission: National Disability Insurance Scheme Amendment
How this affects participants:
The decisions that shape the lives of participants—whether they qualify or what supports they have—are changed without parliamentary debate \or public scrutiny. Participants might learn about these rules changing until their plan has been affected, suggesting no government department should hold supreme administrative powers over changes involving level\of funding eligibility with consultation and scrutiny ensuring fair processes occur.
Recommendation:\Require all such decisions affecting NDLS eligibility/funding levels made through primary legislation subject full parliamentary review before any change takes effect.
National Disability Insurance Scheme Amendment
Submission 2222
- In some instances, as occurred with my own daughter, a diagnosis can be missed for many reasons. My own daughter was 16 before receiving a diagnosis, and after I spent $50,000 in out-of-pocket medical expenses because there was no NDIS to help her.I work with children who sometimes receive genetic diagnoses that require months to establish, or an upgrade in autism level,and this MUST be considered when allowing more intensive support through funding review.
Recommendation: Require “no harm” safeguard ensuring current participants do not lose access unless equivalent alternatives are provided; independent reviews should precede exit decisions while preserving unscheduled reassessments.
Unreviewable ministerial power cuts across all categories:
The Minister may reduce any group’s budget percentage without challenge via Schedule Part4.This applies universally.Unspent funds will cease carrying over at plan renewal per Schedule part five.
How it affects participants:Community participation,capacity building or assistive technology could suddenly vanish without warning.No appeal rights exist.Participants saving unspent funds on high-cost items would entirely forfeit such savings.
Participants often wait due lack of providers,funding cut-offs occur unexpectedly.Families miss scheduled services if plans renew prematurely now denied. This must stop; families cannot suffer disadvantage from equipment/service non-access until the end of their funded period.
Recommendation: Ensure unspent funds carry forward for high-cost item savers and allow independent appeals before reductions take effect.
Requirement exhaust treatment options eligibility:
A person needs treated impairments exhausted prior Scheme entry (Schedule 1,Part8).Whole-person assessments removed,replaced by single impairment consideration(Schedule3). Previously acknowledged environmental factors affecting support were noted but omitted in Schedule three.
How this impacts people with disability need prove treatments fail to access NDIS.Supported only against one eligible condition, independent circumstances ignored including ability to pay,treatment availability,living location etc.,
Submission: National Disability Insurance Scheme Amendment
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.
Unvalidated functional capacity assessment tool risks misidentifying need
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 needs that fluctuate over time in all people with disability, including those whose needs may be episodic and may require culturally-appropriate assessments.
National Disability Insurance Scheme Amendment
Submission 2222
Current FCAs look at the underlying REASONS for poor functional independence, varying from mental health through to physical and cognitive delays impacting skills development. Allied health can determine from their FCA the relevant course of treatment, treatments interventions adaptations required to enhance functional independence which varies according to reason. Many children present with inability complete self-care tasks such as poor strength sensory reduced ability sense feedback toileting urges) or cognitive cannot recall sequences amongst other reasons The ICAN does not capture this information consequently cannot deter- determine type intervention required Recommendation: Do pdisability AN as Functional Capacity Assessment tool unless it has been demonstrated validated identify all people disability including episodic or fluctuating disability culturally appropriate First Peoples with recommendation: do not pdisability an as he functional capacity assessment tool unless it has been demonstrably validateto identify needsallpeoplewith disabilitylearningthoseepisodicepistatingorfluctuatingdisabletyanddemonstratedto beculturallyappropriateforFirstPeopleswedisablednesssupports cut before replacement system is ready The issue From October government announced funding social civic community participation supports will by per cent and capacity building daily activities by ten percent participants reductions that implemented ministerial instrument power Schedule 1 Part4 Foundational Supports intended fill gap no confirmed implementation date operational How affects participants Supports help connect build maintain independence may cut leaving carers families greater responsibilities additional support These often what helps stay visible connected safe Many have multiple special needs complex requiring one-to-one informal allows access safely Removal of place these at high risk harm direct harm to overwhelmed prone absconding Recommendation Require reductions tocommunityparticipationcapacitybuildingsup-ports take effect until Foundational Supports fully operational adequately funded demonstrate able meet those lose NDIS supports I would happy contact directly concerns raised Kind Regards Submission National Disability Insurance Scheme Amendment Securing the NDIS for Future Generations Bill2026 Page5of6
National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Bill 2026
Submission 2222
Kim Wallace - B.H.Sc OT/M.O.T.A Paediatric Occupational Therapist at Cheeky Monkeys Occupational Therapy for Children
- Email: kim@cheekymonkeysot.com
- Mobile: +61(0)(437)-032-382