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Communication disabilities impact under NDIS Amendment Bill (DRO advocacy)

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Submission 293

Submission to the Senate Community Affairs

Legislation Committee

Final draft

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

Submitted by:

Organisation:             Dr Darryl Sellwood, Chairperson, on behalf of the Board of AGOSCI Inc.            AGOSCI Inc. – Australia’s national peak body for people who may not rely on speech alone

Date:to understand or be understood by others May 2026

Submission 293

  1. Executive summary

National Disability Insurance Scheme Amendment (Securing the NDIS for

Future Generations) Bill 2026 should be withdrawn and re-developed through genuine co-designAGOSCI submits that the with the disability community, including people who may not rely on speech alone to understand or be understood by others and AAC users.

The Bill is publicly framed as a response to fraud and as a way to “secure the NDIS”. In practice, itrestructures access, planning, funding, compliance and decision-making in ways that shift risk and costaway from government and onto participants, while concentrating significant new powers in the hands ofthe Minister and the NDIA. It embeds scheme-level financial sustainability into planning, enables fundingcuts and cohort caps, narrows functional capacity, restricts reassessment, expands compliance burdens,and permits automated decision-making without guaranteed human oversight.For people with communication disabilities, the Bill is especially dangerous. Such people can rely on AAC,communication-focused therapy, support workers, support coordination and accessible processes tocommunicate, participate and remain safe. The Bill weakens each of those foundations.                                     96             28 usable responsesAGOSCI’s rapid community survey, conducted over   hours, produced                   from AAC

27 unique postcodes Twenty-sevenusers, family members, carers, disability advocates, support workers, allied health professionals,

of 28 respondents             deeply concernededucators and providers across                        in multiple Australian jurisdictions.

17 respondents     “No, not at all”          7      “I                    said they were                 about the proposed changes. Asked whether the

am very                                                          24 writtenchanges had been explained clearly enough,                 said             and a further  said

comments                        22 comments                              26         confused”. The survey also generated substantial qualitative evidence, including

comments each          about feelings regarding the Bill,            on what remains missing or unclear, and               about likely ripple effects and the consequences of reducing social and communitysupports.

Submission: NDIS Amendment (Securing the NDIS for Future Generations) Bill 2026 AGOSCI Inc. May 2026 Page 2 of 13

Submission 293

Table 1. AGOSCI community survey responses

Measure                                                              Number              Total number of usable responses                                                   28            Unique postcodes                                                               27             Respondents who reported they were "deeply concerned"                                27             Respondents who said the changes had not been explained clearly enough, "No, not at all"        17             Respondents who said "I am very confused"                                            7

AGOSCI does not oppose NDIS reform. The organisation supports strong action against criminal fraudaffecting the NDIS, better NDIA governance and administration, and reforms that improve accessibility,clarity and procedural fairness. However, this Bill targets participants and their safeguards rather thanthe systemic failures and misconduct by unscrupulous operators that require attention. It does so in waysthat pose particular risks for people who may not rely on speech alone to understand or be understood byothers, whose ability to understand, navigate and challenge NDIA decisions depends on accessiblecommunication, AAC and skilled support.AGOSCI’s primary recommendation is that the Bill be withdrawn in its entirety and replaced with agenuinely co-designed reform process. If Parliament proceeds despite these concerns, AGOSCIrecommends substantial amendment to the provisions dealing with functional capacity, reassessments,ministerial funding cuts and caps, plan renewal, plan suspension, permanence, alternative supports, civilpenalties and automation.

  1. About AGOSCI AGOSCI Inc. is Australia’s national peak body for people who may not rely on speech alone to understandor be understood by others, and for everyone who supports their inclusion. Established in 1981, AGOSCIis a community-driven, not-for-profit organisation that advocates for the rights of people who do not relyon speech alone to communicate, including people who use augmentative and alternative communication(AAC) systems.AGOSCI’s community includes AAC users and other people with communication disability, familymembers and carers, speech pathologists and other allied health professionals, educators, disabilitysupport workers, service providers, advocates, researchers and students. Its work includes advocacy, Submission: NDIS Amendment (Securing the NDIS for Future Generations) Bill 2026 AGOSCI Inc. May 2026 Page 3 of 13

Submission 293

professional development, conferences, resources and community events designed to advancecommunication access and inclusion.                          all communicators are recognised, supported andAGOSCI’s vision is that                                                  included, regardless of howthey communicate. The organisation exists to promote communication access so that people who may notrely on speech alone to understand or be understood by others can exercise choice and control,participate in education and employment, build relationships, and engage in community life on an equalbasis with others.AGOSCI is making this submission because the NDIS is a central mechanism through which manymembers of its community obtain the supports that make communication possible in practice, includingAAC devices, communication-focused therapy, skilled support workers and communication-accessiblecoordination. For people who do not rely on speech alone, these are not optional extras. They are themeans by which people express preferences, make decisions, direct their support, participate inrelationships, access study and employment, and remain safe.The Bill directly affects eligibility, planning, funding, compliance, review rights and the security of ongoingsupports. AGOSCI therefore has a responsibility to bring the perspective of people with communicationdisability to the Committee’s attention.

3. Evidence from the AGOSCI community 96In response to the Bill, AGOSCI conducted a rapid online survey to capture evidence from its community. 28 usableSurvey data was collected over hours. After excluding one dummy entry and retaining completed

27 unique postcodesresponses suitable for analysis, the survey produced          responses. All respondents providedpostcodes, representing                      across multiple Australian jurisdictions.

6 people who may not rely on speechThe survey reflects a broad cross-section of AGOSCI’s community. Because respondents could select more alone to understand or be understood by others / AAC 16 family members, partners, friendsthan one category, the figures overlap. Respondents included

or      7 disability advocates or support        4 speech pathologists or allied health                                                       users,

1 teacher or        1 registered        1 respondent identifying as an NDIS   carers,                               workers,

participant / person with lived experience of disability and NDIS            1 part-time AACprofessionals,            educator,             provider,                                                               processes, anduser.

Submission: NDIS Amendment (Securing the NDIS for Future Generations) Bill 2026 AGOSCI Inc. May 2026 Page 4 of 13

Submission 293

Twenty-seven of 28 respondents

deeply concerned                        1The level of concern expressed was overwhelming.                                   said they were                 about the proposed changes, and  respondent selected neutral. The survey also

17 respondents     “No, not at    7      “I am veryshowed that the Bill has not been understood as clearly or accessibly explained. Asked whether the

3     “Yes,             1changes had been explained clearly enough,                 said               all”,  saidconfused”,  said      completely”, and  said “Partially”.                                                                        27

responses 24 written commentsThe survey generated substantial qualitative evidence alongside these headline figures. There were 22 comments to the question about what the NDIS means in people’s daily lives,

26 responses eachabout feelings regarding the Bill,            on what remains unclear or missing from theGovernment’s explanation, and                on likely ripple effects and the impact of reducedsocial and community supports.Those responses consistently described the NDIS as a lifeline. Respondents referred to it as “my link to theworld”, “a life”, “a lifeline” and the support that finally allowed them or their family member tocommunicate, leave the house, engage in education or employment, and live with dignity and safety. Thequalitative material also showed consistent fear that the Bill would increase isolation, reducecommunication supports, intensify family burnout, and push people towards crisis, seclusion orinstitutional responses.The survey also suggests that many community members wanted AGOSCI to carry their concerns into the

Fifteen respondents 10parliamentary process because they lacked the time, energy or capacity to make separate submissions.

1                      indicated that they were happy to be included in AGOSCI’s submission,    said they

2were planning to submit on behalf of themselves, a family member or a friend,  indicated they weresubmitting on behalf of another organisation, and   left that item blank.

4. Overarching concerns with the Bill The NDIS was established as a rights-based, needs-based entitlement designed to ensure that people withpermanent and significant disability receive reasonable and necessary supports based on individual needrather than budget-capped programmes or discretionary grants. The Bill alters that foundation byembedding financial sustainability and comparative equity principles into planning and by enablingsystem-level funding cuts and caps that can override individual assessment.For people who may not rely on speech alone to understand or be understood by others and AAC users,this shift is especially dangerous. Many have high and atypical support profiles involving AAC,communication-focused therapy, support workers, support coordination and environmental adjustments.TheirSubmission:needs doNDISnot fitAmendmentneatly within(Securingcohort averagesthe NDISor standardisedfor Future Generations)assumptions.BillA system2026 that AGOSCI Inc. May 2026 Page 5 of 13

Submission 293 increasingly relies on broad comparisons, caps and cost-control mechanisms is likely to disadvantageexactly those people whose communication needs are most complex.The Bill also targets participants more than the underlying system problems it claims to address. Althoughit is framed as a response to fraud, much of the Bill focuses on restricting access, limiting reassessments,expanding compliance obligations, increasing ministerial powers, and enabling automation. Surveyrespondents repeatedly questioned why people with disability and their families appeared to be carryingthe burden of reform while fraud committed by criminals within and around the scheme, NDIAmismanagement and inaccessible processes remained under-addressed.AGOSCI is also concerned that the Bill has not been developed through genuine co-design with disabledpeople, including people who may not rely on speech alone to understand or be understood by others andAAC users. The survey evidence indicates that the Bill has not been explained clearly or accessibly to thepeople it most affects. Reform of this scale should not proceed without accessible exposure drafts,sufficient time for consultation, and direct engagement with representative organisations andcommunities affected by communication barriers.

  1. Detailed concerns: communication and AAC lens 5.1 Functional capacity definition The Bill introduces a statutory definition of “functional capacity” that requires ability to be assessedwithout assistance from other people, assistive technology or modifications, and in a context that excludesthe impact of environmental and personal circumstances as far as possible. Rules may later prescribemethods, criteria, classifications and thresholds.For AAC users and people who may not rely on speech alone to understand or be understood by others,this is conceptually flawed. Communication for many people in AGOSCI’s community occurs with andthrough devices, communication partners, environmental supports and adapted timing. Assessingcapacity without those supports does not measure real-world functioning. It measures an artificial, de-contextualised state that bears little relationship to actual support needs.AGOSCI is concerned that this definition could be used to minimise recognised communication needs,narrow eligibility, or justify reductions in AAC, therapy and support worker funding by treating supportsas external to capacity rather than intrinsic to communication access. AGOSCI recommends that theseprovisions not proceed in their current form and that any future approach recognise a person’s capacitywithSubmission:appropriateNDISsupports,Amendmentassistive(SecuringtechnologytheandNDISenvironmentalfor Future Generations)adjustments.Bill 2026 AGOSCI Inc. May 2026 Page 6 of 13

Submission 293

5.2 Reassessments and the removal of advocate/support coordinator triggers The Bill narrows the circumstances in which participants can request unscheduled reassessment, requireschanges to be “significant” and “ongoing”, extends the NDIA’s response timeframe to 90 days, andremoves the ability of support coordinators and advocates to request reassessment on a participant’sbehalf.For people with communication disabilities and AAC users, these changes remove essential safeguards.Many rely on support coordinators, family members, advocates and therapists to recognise and documentchanges in their needs and to navigate NDIA processes. Tight thresholds and longer response periodsincrease the risk that people will be trapped in plans that no longer meet their communication, safety orliving needs.AGOSCI recommends that support coordinators and recognised advocates retain the ability to requestreassessment on behalf of participants with communication disabilities, that reassessment criteriacapture acute as well as ongoing changes, and that urgent pathways exist where communication access,safety or continuity of supports is at risk. 5.3 Ministerial funding cuts and cohort caps The Bill gives the Minister power to reduce funding component amounts across groups of supports and toimpose cohort-level caps on funding, intensity and worker-to-participant ratios. These provisions createthe possibility of across-the-board cuts to supports central to communication and participation, includingAAC, communication-focused therapy, support coordination and support worker hours, withoutindividual reassessment.For people who may not rely on speech alone to understand or be understood by others, this is a directthreat to communication access and safety. Survey respondents repeatedly expressed fear that cuts totherapy, AAC or support worker hours would leave them isolated, unable to attend appointments, study,work or maintain community participation.AGOSCI recommends that these provisions be removed. Communication-critical supports should not besubject to ministerial cuts or cohort caps imposed without individual assessment and Parliamentaryscrutiny.

Submission: NDIS Amendment (Securing the NDIS for Future Generations) Bill 2026 AGOSCI Inc. May 2026 Page 7 of 13

Submission 293

5.4 Plan renewal and unspent funds The Bill introduces automatic plan renewal without a new statement of supports and without areviewable planning decision, and allows plans to renew even while suspended. For people who may notrely on speech alone to understand or be understood by others, this creates a risk that reduced orinadequate plans will simply roll over year after year without meaningful review.The Bill also creates a serious problem for approved but undelivered supports, including AAC equipmentand therapy. In practice, communication equipment and specialist therapy often involve delays due tosupply chains, workforce shortages and complex procurement. If funding disappears at renewal,participants may lose access to approved supports, providers may be left unpaid, and participants may beexposed to liability.AGOSCI recommends that automatic renewal be limited to situations where the participant has providedinformed consent or where renewal operates only as a short continuity mechanism pendingreassessment. Approved but undelivered AAC and communication-related supports should remainfunded, and participants should not be personally liable for costs extinguished by automatic renewal. 5.5 “Not contactable” suspensions The Bill allows the CEO to suspend a participant’s plan if “reasonable attempts” to contact the participanthave failed and the participant is considered “not contactable”. It does not define “reasonable attempts” ina way that requires accessible communication or contact via known supporters.For AAC users and people with communication disabilities, this is especially high risk. Communicationmay depend on devices, support workers, family members, support coordinators and accessible formats.A participant may fail to respond because the communication was inaccessible, because their devicefailed, or because they were in hospital or crisis, not because they were disengaged.AGOSCI recommends that this provision not proceed in its current form. At minimum, any suspensionpower must require multiple accessible contact attempts, mandatory contact via known supporters, clearnotice, urgent review rights, and specific protections for people with communication disabilities, cognitivedisabilities, hospitalisation or crisis circumstances.

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Submission 293

5.6 Permanence and alternative supports The Bill tightens the definition of “permanent” impairment by requiring that “appropriate treatment” beundertaken, even where treatment may not be realistically accessible because of cost or geography. It alsointroduces broad powers to declare “alternative supports” in other systems, allowing denial or revocationof NDIS access.For people who may not rely on speech alone to understand or be understood by others, these changescreate a risk that lifelong communication disabilities will be treated as insufficiently permanent becauseof theoretical treatment options, or that participants will be pushed into other systems that lack AACexpertise and communication capacity.AGOSCI recommends that permanence be assessed in light of real-world access to treatment, and thatalternative support provisions be tightly constrained and based on strong evidence that other systems canactually meet communication needs. 5.7 Civil penalties, record-keeping and reduced claim times The Bill expands civil penalties, tightens record-keeping obligations and reduces claim time limits. Forparticipants with communication disabilities and their families, these measures increase the risk of unfairpenalties where people rely on others to manage paperwork, cannot easily interpret NDIAcorrespondence, or miss deadlines because communication processes are inaccessible.AGOSCI supports accountability, but not in a way that punishes people for communication oradministrative barriers beyond their control. Any expansion of compliance obligations affectingparticipants must be matched by accessible information, reasonable adjustments, funded advocacy andlegal support, and realistic timeframes. 5.8 Automation of administrative decisions The Bill enables the NDIA to automate administrative actions and decisions. Automated systems are notwell suited to the complexity of communication supports for people who may not rely on speech alone tounderstand or be understood by others and AAC users, whose situations are often highly individual andcontext-dependent.Survey respondents explicitly expressed fear of “robodebt-style” harms and concern that algorithmicsystems will not understand their disability, communication needs or life circumstances. AGOSCI sharesthoseSubmission:concerns.NDISAutomatedAmendmentdecisions(Securingaffectingtheaccess,NDISplanfor Futurecontent,Generations)funding, complianceBill 2026or suspension AGOSCI Inc. May 2026 Page 9 of 13

Submission 293 should not occur without mandatory human oversight, a clear right to human review, and transparencyabout the criteria being used.

  1. Consequences for families, workers and community participation Families and carers in the AGOSCI community report that the NDIS has provided critical relief fromunsustainable caring roles, while allowing relatives with communication disability to communicate,participate and live in the community. Many respondents described themselves as already burnt out,traumatised or financially stretched. If the Bill reduces supports or shifts more responsibility onto“informal supports”, families will be expected to absorb additional unpaid care and advocacy incircumstances where many are already at breaking point.Support workers, therapists and educators also warned of serious workforce consequences. Funding cuts,pricing pressure, cohort caps and increased administrative burden are likely to push experiencedpractitioners out of the sector, including those with AAC expertise. Without a stable, skilled workforce,communication devices and therapy plans become much less effective in practice.Respondents consistently feared increased isolation if social and community supports are reduced. Manysaid they or their family member would be unable to leave the house, attend appointments, study, work ormaintain friendships. For AAC users, this means not only less participation but fewer opportunities tocommunicate in real-world settings and increased risk of effective silencing. Families and providerswarned that reduced supports may push people back towards seclusion, crisis responses and institutionalsettings.

Submission: NDIS Amendment (Securing the NDIS for Future Generations) Bill 2026 AGOSCI Inc. May 2026 Page 10 of 13

Submission 293

  1. Recommendations 7.1 Primary recommendation

Recommendation 1: Withdraw the Bill in its entirety.

7.2 Co-design a replacement

Recommendation 2: Develop any future NDIS legislative package through genuine co-design with disabled people, including people who may not rely on speech alone to understand or be understood by others and AAC users, families, carers and representative organisations. This process should include accessible exposure drafts, a consultation period of at least 90 days, andconsultation materials in plain language, Easy Read and AAC-friendly formats. 7.3 Target the real problems

Recommendation 3: Focus reform on criminal fraud affecting the NDIS, NDIA governance, staff capability, accessible communication and sustainable market stewardship.

7.4 Minimum amendments if Parliament proceeds

If Parliament proceeds despite these concerns, AGOSCI recommends at minimum that:  •      the functional capacity provisions be removed or fundamentally rewritten to recognise capacity  •   with supports, assistive technology and environmental adjustments;      support coordinators and recognised advocates retain the ability to request reassessment on behalf  •   of participants with communication disabilities;      ministerial powers to reduce funding and impose cohort caps on communication-critical supports  •  be removed;      automatic renewal be limited and accompanied by protections for approved but undelivered  •   supports and participant liability;      “not contactable” suspension powers be removed or tightly constrained by strong communication-  •   access safeguards;     permanence and alternative support provisions be narrowed so that decisions reflect real-world      access and actual service capacity;

Submission: NDIS Amendment (Securing the NDIS for Future Generations) Bill 2026 AGOSCI Inc. May 2026 Page 11 of 13

Submission 293

•        civil penalties and compliance rules be accompanied by accessible information, reasonable  •   adjustments and funded advocacy/legal support; and     any automated decision-making be subject to mandatory human oversight, a right to human review,     and transparency and auditing obligations.

7.5 Communication disability safeguard principle

Recommendation 12: Insert a specific safeguard principle recognising that people with communication disabilities are entitled to accessible communication, communication supports and decision-making processes that recognise AAC and communication partners as legitimate and necessary means of participation. No participant should lose access, funding or plan continuity because the NDIA failed to communicate in away the participant could access and use.

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Submission 293

  1. Conclusion For AGOSCI’s community, the NDIS is a communication, inclusion and safety lifeline. It funds the AAC,therapy, support workers and coordination that make it possible for people who may not rely on speechalone to understand or be understood by others to express themselves, direct their own lives, learn, work,build relationships and participate in their communities.This Bill would weaken that lifeline. It narrows how capacity is understood, makes reassessment harderto access, permits ministerial cuts and caps, enables suspension on “not contactable” grounds, tightensaccess and exit rules, expands compliance burdens and opens the door to opaque automated decisions.For AAC users and people who may not rely on speech alone to understand or be understood by others,these are not merely technical amendments. They create direct risks to communication, independence,safety and rights.AGOSCI urges the Committee to recommend that the Bill be withdrawn and replaced with a genuinely co-designed reform process that addresses criminal fraud affecting the NDIS and governance failures withoutstripping rights and safeguards from the people the NDIS was created to support.

Due to the extremely limited timeframe for submissions and the profound significance of this Bill for people with disability, AGOSCI used artificial intelligence tools to assist with analysing materials and drafting this submission. All positions, arguments and recommendations have been reviewed by human representatives of AGOSCI and approved as an accurate reflection of AGOSCI’s views.

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