NDIS Amendment (Securing the NDIS for Future Generations) Bill 2026 – Senate Submission
I have commented on parts of the proposed amendments that would affect my brother, or that I feel strongly about. Other participants may feel other areas of this proposal would affect them differently.
Each participant is different. Each disability is different. Every participants goals and needs are different. Planning and funding must be as individual as each participant is.
Access and Eligibility
Proposed change (Bill section) What this could mean in real life Functional capacity becomes a key eligibility test A standardised assessment may not accurately capture fluctuating disability, masking, trauma, (s9B). A functional capacity tool will be used to autism, fatigue, behaviour support needs or the cumulative impact of multiple disabilities. A determine who can become a participant of the participant may appear capable during a short assessment but require significant support to scheme. function safely every day. The assessment tool has not yet been released, and it is My brother like everyone they have good and bad days. A once off assessment may not capture unclear who will administer it. this accurately. A qualified allied health professionals who know the participant, is best able to complete assessments.
New eligibility framework from 2028 (s9B and related Before this amendment should be approved, details of what changes would be made to the provisions) functional capacity eligibility framework should be available. All current participants will need to be reassessed How can something be decided on if details of what it will be replaced with are not available? under the new functional capacity eligibility What evidence participants can provide and if there are any appeal rights? framework from January 2028. What happens if the new system sees participants who currently receive support could lose access Some may lose their access in this process. despite no improvement in their disability or functional capacity.
Is there going to be other avenues of support for those who are exited from the NDIS?
Functional capacity will be assessed with reduced Disability is not standard. Needs also need to consider environmental factors such as the consideration of environmental and personal participants financial circumstances, their home environment or the assistive technology they use.
circumstances (s9B) Support needs can vary greatly depending on poverty, housing, transport, family supports, family violence, culture, geography and access to services. Ignoring context risks underestimating need.
My mum did as much as she could for my brother when he was growing up. Other families didn’t necessarily have such love, attention and time to give to provide as much support as possible.
Functional capacity assessments may not adequately My brother has good days and bad days. Sometimes he can be cooperative, and other days the capture fluctuating or non-apparent disabilities (s9B) answer is a definite no.
When my brother was originally being assessed when in hospital the staff tried to ask him questions and get him to engage with them. I was asked to attend an assessment appointment with Murray. At that first appointment Murray was asked a series of questions by the psychologist. Some he could answer, some needed to be repeated and some I reworded so that my brother could understand. At the end of the assessment time the psychologist stated that they had tried to engage him previously but only got 5 or 10 minutes from him before he shut down. When I was with him, he engaged for over an hour. I was asked to attend all future assessment appointments.
This interaction proved to me that depending on who was with Murray how much he would engage. This is still the case. I am his safe place. I am his advocate. I can interpret what he is being asked. Even though I am with him, the assessments sometimes do not capture what his day to-day life is like.
To be funded, support needs must arise ‘directly’ from My brother has an intellectual disability, developmental delay and schizophrenia. He developed an NDIS-eligible impairment (s34(1)(aa)) schizophrenia which was untreated for an extensive period whilst he was homeless. This contributed to various comorbidities.
In his case he has forgotten how to complete personal care. He did not have access to bathing facilities, or toilet facilities so these experiences have shaped what supports he needs now.
If you look at his diagnoses his supports should not need to include personal care including toileting, but disability is not so clear and simple. The support need exists regardless but determining exactly which diagnosis the support need ‘directly arises’ from may be next to
impossible.
The truth is he needs support.
Planning and Funding
Proposed change (Bill section) What this could mean in real life for my brother Repeal of section 31 – Principles relating to plans Since my brother has been on NDIS the plan process allows for what are his goals. His goals are (Schedule 1, Item 66) very simple. To be safe. To be treated well. To maintain his mobility, wellbeing and a level of personal independence.
Goals for each individual will be unique to them. Individual goals are important to ensure genuinely individually plans for each recipient.
The principals help the NDIA and the courts to understand how to implement and protect the intention of the scheme.
Proposed reduction of social and community My brother has supports for community access, and social connection. If this aspect of his plan participation funding through support determinations was cancelled or reduced that would result in him being more isolated in his current (s34A). accommodation. The creates a reduction of supports that prevent isolation and maintain community inclusion My brother does not have the capacity to visit the community by himself. He must be supervised when he is out to keep him safe from danger.
Support caps and funding restrictions may push My brother has recently moved from an aged care facility to a SIL. The new accommodation participants into more group-based support allows him to be in a smaller environment which is better for him. arrangements The nursing home environment did not suit his needs for individualised supports .
Claims must be made within 90 days (currently 2 This should stay at 2 years or if it must be reduced,12 months. Medicare claims have been reduced years). Commencing 1st December 2026. from 2 years to 12 months. This should be consistent. Not everyone is able to complete paperwork in a timely manner. This can be because of illness,
crisis, hospitalisation or caring responsibilities.
Reviews, Appeals and Participant Rights
Proposed change (Bill section) What this could mean in real life for me or my brother Only the participant, plan nominee or child Why can’t a plan manager or support coordinator request a reassessment? representative will be able to request reassessment They have helped me with everything else, why not a reassessment? (as opposed to your plan manager or support coordinator).
Governance and Ministerial Powers
Proposed change (Bill section) What this could mean in real life for me or my brother Changes to NDIS controlled by one minister or If we look at the United States of America we have the worst-case scenario of what happens when department. a Minister or Politician makes decisions without regard for existing medical advice. This has included changes to medical vaccinations, and an autism “cure” We have cringed in Australia at some of the news coming from the USA regarding ignoring generations of medical advice and scientific discovery. If it can happen in the USA it could happen in Australia without appropriate laws to ensure bills are debated and approved by Parliament. All important changes should always be debated and approved by Parliament.
Informal Supports and Carers
Proposed change (Bill section) What this could mean in real life for me and my brother Increased reliance on informal supports and unpaid I attend all medical appointments with my brother. I also attend his physio, behaviour support and carers OT appointments. NDIS funds time for my brother to go out, so I do not have to be with him 7 days per week.
I already give my time to ensure he has a good life, is my life worth nothing? To look after my own mental and physical health, I need to schedule time for me.
I want to rejoin the workforce. If I was required to increase my informal supports this would impact on my ability to work. As it is, I will be looking to work 2 days per week. If I do not work, I will not be paying tax, I will not be adding to my super. I will effectively cost the government money from lost taxation revenue and use of pension to top up my superannuation drawings.