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

Submission 2275

Submission to the Community Affairs Legislation Committee

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

Bill 2026

To the Committee,

Thank you for the opportunity to provide feedback on the National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Bill 2026. I acknowledge the need for reform to ensure the long-term sustainability of the NDIS. However, any changes must be made with a clear understanding of the purpose of the Scheme and the vulnerability of the people it exists to support. The NDIS is a safety net for Australians who have no alternative means of meeting essential disability-related needs. Reforms must therefore strengthen protections, not weaken them.

My concerns and recommendations are outlined below.

1. Ministerial Powers

The Bill proposes to significantly expand ministerial powers, enabling a single individual—who may have no background in disability, health, or social care—to alter key elements of participant supports and plan structures. While the current Minister may act with integrity and goodwill, legislation must be designed to protect participants from the possibility of future ministers acting in a manner that is neither fair nor reasonable.

The NDIS was deliberately established with checks and balances to prevent arbitrary or politically motivated interference in the lives of people with disabilities. Allowing major changes to supports without adequate oversight risks undermining the Scheme’s foundational principles.

Recommendation: Any ministerial power to alter supports or plan structures must be subject to robust safeguards, including independent review, parliamentary scrutiny, and transparent consultation with people with disabilities and their representative organisations.

2. Automated Decision-Making

Australia has seen the consequences of poorly designed automated decision systems. The Robodebt scheme and automated seatbelt camera fines are recent examples where automated processes presumed guilt, produced incorrect outcomes, and placed the burden of correction on individuals—often with devastating consequences.

Introducing automated decision-making into the NDIS without strong protections risks repeating these failures, particularly given that many participants already face barriers in navigating complex systems.

Recommendations:

• Automated decisions must be subject to mandatory human review upon request.
• Review processes must be simple, accessible, and time-bound, with clear statutory response deadlines.
• If a review cannot be completed within the mandated timeframe, the automated decision should be reversed or suspended until proper assessment occurs.
• Automated systems must be transparent, explainable, and designed with disability-specific risk assessments.

3. Requests for Information

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

Submission 2275

The Bill requires participants to respond to information requests, but the definition of “reasonable steps” to contact a participant must be interpreted in the context of disability. Many participants experience cognitive, communication, sensory, or psychosocial barriers that make traditional correspondence methods inadequate.

Simply sending a letter is not sufficient. Participants should not lose essential supports because a single communication channel failed.

Recommendations:

• “Reasonable steps” must include multiple contact methods, such as post, email, SMS, app notifications, and phone calls.
• Only after all direct avenues have been exhausted should the Agency contact plan managers, nominees, emergency contacts, or support providers.
• Supports must not be suspended or removed until all reasonable contact attempts have been documented and verified.

Conclusion

The NDIS must be sustainable, but sustainability cannot come at the cost of fairness, safety, or the dignity of people with disabilities. The reforms proposed in this Bill require stronger safeguards to ensure that participants are not harmed by unchecked ministerial discretion, automated decision-making, or inadequate communication processes.

I urge the Committee to amend the Bill to incorporate the protections outlined above and to ensure that the NDIS remains a reliable, rights-based system for future generations.

Thank you for considering this submission.

Yours sincerely,