Concerns regarding ministerial discretion and independent review (Individual advocacy)

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

Submission 286

Submission Regarding the Proposed Changes to the National Disability Insurance

Scheme (NDIS)

To the Committee,

I am writing to express my serious concern regarding provisions within the proposed NDIS legislation that appear to expand the power of Ministers and government decision makers to make broad determinations affecting participant supports without adequate safeguards, transparency, or meaningful avenues for independent review.

As an Australian who relies on disability supports and closely follows developments within the NDIS, I am deeply concerned that the proposed changes risk undermining one of the founding principles of the Scheme: that disability supports should be based on the individual needs and functional circumstances of participants, rather than political priorities or administrative convenience.

My primary concern is the increasing capacity for politicians or Ministers to make decisions that may substantially affect what supports participants can access, while limiting the ability of individuals to challenge or review those decisions. Any system that permits broad discretionary powers without strong checks and balances risks creating arbitrary outcomes that may not reflect the realities of disability.

The NDIS was established to provide certainty, fairness, and individualised support. Participants should not face a situation where supports can effectively be restricted through rules, legislative instruments, or ministerial determinations that are difficult or impossible to independently review. Decisions that affect a person’s independence, mobility, communication, safety, health, or ability to remain in the community should never be insulated from scrutiny.

People living with disability already face significant barriers in navigating systems, accessing services, and advocating for themselves. Many participants experience fluctuating or complex conditions that do not fit neatly into rigid categories. This makes access to transparent decision-making and meaningful appeal rights even more important. If supports can be altered or restricted through political decision-making that sits outside ordinary review mechanisms, participants may be left without effective recourse.

I am particularly concerned about the precedent this creates. Governments and Ministers change. Policies and political priorities change. Disability support, however, should not be vulnerable to shifting political agendas. The rights and essential supports of people with disability should be protected through legislation that prioritises accountability, evidence, and independent oversight.

I respectfully urge the Committee to consider amendments that:

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

Submission 286

  1. Ensure all decisions affecting participant supports remain subject to independent merits review.

  2. Limit broad discretionary ministerial powers that could significantly alter support eligibility or access without parliamentary scrutiny.

  3. Increase transparency regarding how support categories and exclusions are determined.

  4. Require consultation with disability communities and clinical experts before major changes are implemented.

  5. Preserve participant choice, fairness, and procedural safeguards as core principles of the Scheme.

The NDIS represents a critical commitment to Australians with disability. While reform and sustainability are important goals, they must not come at the expense of fairness, accountability, or the rights of participants to challenge decisions that affect their lives.

I urge the Committee to ensure that any legislative changes strengthen, rather than weaken, the protections and review rights available to people with disability.

Yours sincerely,

Margaret McGrath

Director and Specialist Support Coordinator

Collabor8 Supports