Impact of NDIS amendment on participant’s capacity to work (Participant experience)

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PWDA Template: 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:(31/5/2026\

I welcome the opportunity to make submission regarding [the National Disability Insurance Scheme Amendment]((Securing the NDIS for Future Generations))Bill.

As an individual with disability who participates in or has been involved within the NDIS program, it’s important that I bring attention towards potential negative impacts this bill may have if passed into law without further review and amendment. The current draft appears too expansive given its scope; it requires additional scrutiny before proceeding forward.

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

Submission 2337

The short timeline impacts me by reducing my ability to provide information and review the proposals. I am using this template to make my committee submission because reading through all the information myself uses energy and mental resources which are in limited supply due to my brain injury.

Recommendation: Amend the consultation period for a best practice minimum of 30 days

Key decisions left to ministerial instruments not law The issue:

The Bill allows Ministers to change who gets NDIS support (“Schedule Parts ”8and9”) and how much funding people receive(“Schedule Part4; Schedule )by signing an instrument without going back to Parliament.The rules that will determine critical eligibility thresholds(ScheduleParts ,,𝗸, and) have yet been written.Howthis affects participants:Thedecisionsthatshape thelivesofparticipants whether they qualifyfortheNDISandwhat supportstheycanaccesscouldbe changedwithout parliamentarydebateorpublicscrutiny.Participantsmaynotknowsupportsoreligibilityruleshavechangeduntiltheirplanisaffected.Livingwitha disabilitycreates planning challenges every day. What I can do varies fromdaytodayandi budgetmyresourcesbasedonpriorities.Theseresources include timemental focusavailabilityofsupportpeopleanda vailabilityoffunding.WhenI’mdoing thissort omentaljugglingjusttostayontopgeneral lifeIdon’t have spare resourcestocheckforenyNDSrule changesthatareffecting my plansands capabilitiesaswell.

Recommendation: Require all decisionsaffecting NDISEligibilityandan dings levels be made through primary legislation subject fullparliamentary scrutiny with mandatory advance notice affected participant before anychanges take effect.

Existing participants face narrower criteria and fewer rights

to challenge decisions

The issue:

  • The Bill changes the rules for existing NDIS participants.
  • It makes some challenges about funding more difficult, restricting requests on re-assessment times, removing reviews from auto-plan renewals (Schedule Parts), making reductions unreviewable too ( -Schedule1Partsand8). Combining restrictions like these further narrows down what options exist when challenging their supports’ validity.

Unreviewable ministerial power to cut funding across all support categories

The Minister can reduce funding for any support or group of supports by a specified percentage through an instrument that cannot be challenged (Schedule 1 Part 4). This applies across all budget categories. Unspent funds will no longer carry over at plan renewal (Schedule 1 Part 5).

How this affects participants:

A participant’s community participation, capacity building or assistive technology funding could be cut without warning and without any right to appeal. Participants who save unspent funds across plan periods for high-cost items will lose that ability entirely.

This ignores the reality of lead times to get equipment delivered and paid for. If I need a high cost item added to my plan, it has to go OT assessment prescription then quote needs approved order it takes months e.g., at moment don’t have regular because wait list in area is currently over six month. So even urgent”itemswait time between addingthatitemtoaplanand actually getting delivery payment stepofover twelvemonthsisnotunrealistic.Thereneedsbeawaypreservingfundsfromoneplantothenext.

Recommendation: Require that unspent fundscarry overatplanrenewalforparticipants savinghighcostitemsrequire independent review rights beforeanyfundings reductiontakeseffect.

Requirementtosexhaust treatment optionsbeforeeligibility

The issue:A person with disabilitywillneedexhaust treat ment optionsbeforethey can eligible Scheme(SchedulePart8).Therealso removal wholepersonassessment replaced singleeligible impairment consideration

National Disability Insurance Scheme Amendment

(Schedule 1 Part 3). The note that previously acknowledged environmental factors and other ineligible impairments could affect support needs will be removed (Schedule 1 Part 3).

How this affects participants:

P 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 heir 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. How do you plan to define “cannot be treated” and how can you assess supportneed based on a single impairment? I live with left hemiplegia post stroke fatigue\nan emotional lability as a stroke survivor of over years now I know many parts my condition have improved time(I’ve worked hard achieve) some become worse(partially during covid when access therapists was restricted.) And work very maintain current level function there no recognised treatment cure me why’meligible ndis Also various deficits interact each environment so cant separated assessing support possible treatments e.g exercise programs great increasing strength building new movement patterns but i need balance result fatigues results If sudden change accepted doctrine long term strokedeficits Will suddenly becomeineligible because treatment never heard previously may apply particularcircumstances Recommendation: Do not proceed requirement exhaust appropriate treatment options –there are safeguarding measures around participant harm due side effects complications, participants financial capacity geographic

Unvalidated functional capacity assessment tool risks misidentifying need

The issue:

  • The Bill shifts assessment from whole-of-person consideration to a single eligible impairment (Schedule 1 Part 3). Read together with eligibility thresholds in Parts 8 and 9, the tool used must be capable enough identifying whether someone meets threshold. The named instrument is Instrument Classification Assessment Support Needs(I-CAN). I-CAN requires validation ensuring it sufficiently identifies needs all people disability including those whose may vary or episodic not captured through point-in-time assessments culturally appropriate for First Peoples’ disabilities. How this affects participants If assess does accurately capture full extent person’s disability incl fluctuating varies over time participant found ineligible supports undercounted no guarantee reflects actual experience. I live left hemiplegia post stroke fatigue emotional lability My functionality varies day week depends activities mental loads doing days can work support workers things done other sit back let them everything me So concerned about single eligible impairment as well as fluctuating capacity I have already lost category parking permit because new standardised criteria usually walk more than km don’t use mobility aid system says cat permits end result walking much further shopping

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

Submission 2337

which makes me dependant on support workers for more activities in the following days.

Recommendation: Do not proceed with I-CAN as the functional capacity assessment tool unless it has been demonstrably validated to identify the needs of all people with disability, including those with episodic or fluctuating disability, and demonstrated to be culturally appropriate for First Peoples with disability.

Supports cut before replacement system is ready

The issue: From 1 October 2026, the government has announced funding for social, civic and community participation supports will be cut by 50 per cent and capacity building daily activities by 10 per cent for all participants, reductions that will be implemented through the ministerial instrument power in Schedule 1 Part 4. The Foundational Supports system intended to fill that gap has no confirmed implementation date and is not yet operational. How this affects participants Supports that help participants connect with theircommunity, build skills and maintain independence may be cut before anything exists to replace them, leaving carers and families with greater responsibilities andno additional support. These supports are often what help people stay visibleconnected and safe. I use social and community participation funds to have someone walk with mewhen \(i’m\) walking longer distances on uneven terrain.I manage a large conservation covenant property which requires me tmonitor fences tracks weeds nativeanimals etc.andthe best way todothisisoutthereinenvironmentButtodothesafelyinanareawithlimited mobile phone coverage means I wait until Ihavea support worker ableto accompanymeincase somethinggoeswrongA largepart of areaisanotaccessiblebycar sowalking/hikingismypreferrmethodofmonitoring Thisalso goodfor my mentaland physical health.

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

Submission 2337

Without NDIS funds for this I would need to find someone to volunteer or pay privately which would mean giving up the job.

Recommendation: Require that no reductions to community participation or capacity building supports take effect until Foundational Supports are fully operational, adequately funded and demonstrably able to meet the needs of those who will lose NDIS supports.