Submission 2630
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 by email: community.affairs.sen@aph.gov.au
Date: 29 May 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 Generations) Bill 2026.
I am a family member and carer of an NDIS participant.
I want to outline the harm this Amendment Bill will cause if it passes Parliament. This Bill is too far-reaching to pass as it stands. I believe the Bill requires further scrutiny and amendment before it proceeds.
Parliamentary Scrutiny and Transparency
The consultation period for the Amendment Bill is two weeks, which is insufficient to allow for appropriate consultation, considering accessibility and communication needs. The Australian Government Guide to Policy Impact Analysis says consultation should occur for a minimum of 30 days where possible.
The short timeline impacts me by making it extremely difficult to properly review the proposed changes while also managing my child’s therapies, appointments, school communication and daily care needs. Families like ours need adequate time to understand how these changes may affect our child’s future supports and to seek advice before providing meaningful feedback.
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 1 Parts 8 and 9) and how much funding people receive (Schedule 1 Part 4; Schedule 3) by signing an instrument, without going back to Parliament. The rules that will determine critical eligibility thresholds have not yet been written.
As a parent, this creates enormous uncertainty about whether my child will continue to receive the supports he currently relies on to communicate, participate at school and function safely in daily life. Families should not have to fear that eligibility rules or funding levels could suddenly change without parliamentary oversight or proper consultation.
Recommendation: Require that all decisions affecting NDIS eligibility and funding levels be made through primary legislation subject to full parliamentary scrutiny, with mandatory advance notice to affected participants before any changes take effect.
Existing participants face narrower criteria and fewer rights to challenge decisions
The issue: The Bill changes the rules for existing NDIS participants and makes it harder to challenge some decisions about supports and funding.
Submission 2630
My child’s support needs are ongoing and evolve over time as he grows and educational demands increase. Removing review rights and limiting reassessment opportunities could prevent us from responding appropriately when his therapy, communication or functional needs change.
Recommendation: Require a “no harm” safeguard ensuring no current participant loses access to supports unless equivalent supports are in place, with independent review rights before any exit decision and access to unscheduled reassessments preserved.
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. Unspent funds will no longer carry over at plan renewal.
Our family carefully manages therapy funding across the plan period to ensure my child can access intensive blocks of speech and allied health support when needed. Preventing carryover of unspent funds and allowing broad funding cuts without review rights would significantly reduce our ability to plan effectively for his long-term developmental needs.
Recommendation: Require that unspent funds carry over at plan renewal for participants saving for high-cost items and require independent review rights before any funding reduction takes effect.
Requirement to exhaust treatment options before eligibility
The issue: A person with disability will need to exhaust treatment options before they can be eligible for the Scheme. Whole-of-person assessment will also be replaced by single eligible impairment consideration.
My child requires ongoing multidisciplinary support and there is no “cure” for his disability related challenges. Requiring families to exhaust treatment options before receiving support risks delaying essential early intervention and places additional financial and emotional pressure on families already navigating complex care needs.
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, financial capacity to pay, or geographic access to treatment.
Unvalidated functional capacity assessment tool risks misidentifying need
The issue: The Bill shifts assessment from whole-of-person consideration to a single eligible impairment. The proposed I-CAN assessment tool has not yet been properly validated across all disability types and support needs.
Appropriate assessment matters because my child’s needs affect multiple areas of functioning including communication, learning, regulation and participation in daily life. A narrow or poorly validated assessment tool may fail to reflect the real level of support required for him to function safely and meaningfully at home, school and in the community.
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 fluctuating or complex support needs.
Submission 2630
Supports cut before replacement system is ready
The issue: The government has announced major reductions to social, civic and community participation supports and capacity building supports before Foundational Supports are operational.
For families like ours, these supports are not optional extras. They are what allow our child to build communication skills, participate socially, develop independence and reduce long-term reliance on crisis-based supports. Cutting these services before replacement systems are operational risks significant harm to children and families.
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.