Brother's NDIS support at risk due to eligibility changes (Family or carer experience)

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

Submission 2778

Submission addressing the NDIS Amendment (Securing the NDIS for Future Generations) Bill 2026

Submitted by nominee for a current participant and a former participant.

31/5/26

I am I am an autistic-ADHDer, a sister, wife, mother and a social worker. I write this submission deeply concerned about the proposed changes and grateful the submission due date was extended as I was only aware of the inquiry and opportunity too late.

My submission is mainly informed by my experience with the NDIS for my brother as his nominee and guardian, but also by my past interactions for my son and through my work with children and families in

the  psychosocial  disability  space. My  adult  brother  is  a NDIS  participant who  has an

intellectual disability, autism, ADHD and these are complicated by significant mental health diagnoses and complex medical conditions.

When I learned of some of the changes, including losing the invaluable and essential Support Coordination function, I experienced a panic attack, I was overwhelmed with fear, knowing that I do not have the capacity or ability to take on this responsibility, and my brother does not have anyone else in his life that can advocate for him or ensure his needs are being addressed. My brothers support coordinator and broader care team have spent years getting to know him, learning to understand his needs, complexities, challenges and developing a safe relationship characterised by trust. The support coordinators diligence in seeking services to meet his needs, while recognising complicating factors and finding the balance is exemplary. This relationship is invaluable and cannot be duplicated by a panel. Support Coordination, when done right, is crucial to participants living a safe, fulfilling life with dignity and meaning. All people deserve this basic human right.

I entirely support the objective of adjusting the NDIS to ensure long term sustainability, however this Bill in its current form is flawed in a manner that will put lives, like my brothers, at risk. What does need to change is the loopholes that allow for fraud, waste and mismanagement, however that way I read the Bill, the changes will disproportionately and detrimentally impact the people who need the support the most. I have no legal training, but I will try to address my concerns as clearly as I can. I have many more concerns but with such a short time frame I will address the most pressing.

1.) s9b Changes to eligibility

This proposed change to me  is incredibly unclear, but my understanding  is there  will be a

general/automated functional capacity test - this will not, and cannot, safely and adequately assess

functional  capacity  of  participants and account  for  individual  complexity,  comorbidity and

intersectionality. It does not account for location, environment and personal situation. It is not possible to separate and compartmentalise various disabilities, especially when they co-occur and interact differently for each person. This change will put lives at risk.

2.) s34A The minister can cut your plan by instrument with no review.

Cutting social and community participation - this is not just about “getting out and about” reducing this creates a safety risk that can lead to injury, isolation, unplanned restrictive practice, choking, self-harm

  • some of these risks are potentially life threatening. For my brother, social and community participation is very little about recreation and mostly a mechanism for day-to-day essential supervision, behaviour

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

Submission 2778

support and safe access to community and family. This connection is essential to his mental health and overall wellbeing. These cuts must be made on a case-by-case basis informed by complex needs and safety requirements.

3.) s34 (1) aa The “whole of person” approach - adding the word “directly”

This again is a dangerous stipulation especially when people live in rural or regional settings and other supports are not available. People with a combination of disabilities, medical conditions and psychosocial disability that intersect and complicate needs will not be adequately funded. This can and likely will lead to hospitalisations and further injury. For many people, co-occurring mental health or medical conditions have been caused, and/or exacerbated by the main disability and mainstream supports or treatments may not be available, accessible or suitable.

4.) s25A You must try “all appropriate treatment” first

This again does not allow for individual location, circumstances and other barriers. Many live regionally, services are very hard to access, have very long wait lists and are often only accessible if you’re wealthy. This gets worse the more remote you go, but this is not allowed for in this proposed rule.

5.) s33 2EA The Minister can also cap any support, for any cohort, at any time.

This does not allow for individual needs, complexity or comorbid interactions, and does not account for location.

6.) s50A Plans auto-renew and unspent funds are not rolled over

This does not allow for delays in product or service provision due to long waiting lists etc that are out of the control of the participant.

7.) s48A Asking for unscheduled reassessment becomes harder, and there is no emergency reassessment pathway

What about if existing support arrangements cease due to no fault of the participant, housing becomes unsuitable or support needs have increased?

To summarise, my biggest concerns are the dangers of automated decision making, a broad and generalised “one size fits all” needs assessment model, lack of co-design and consultation, inability to appeal or seek review/reassessment and cuts to supports and services that will increase risk and contribute to lack of safety.

I am happy to be contacted to discuss my concerns and explain further what any loss of my brothers’ plan would look like giving real life examples from his life before the NDIS.

Regards